Duty of Care in Workplace First Aid: What Employers and First Aiders Must Know

Reviewed by the Medibc First Aid Team — last updated July 2026. This article is general information, not legal advice.

Under Australian work health and safety law, first aid is not optional. According to Safe Work Australia, every business has a legal duty of care to make sure workers can get first aid if they are injured or fall ill at work. That duty sits at two levels: the duty the business owes (to provide first aid), and the duty an individual first aider owes when they step in to help.

This guide explains what duty of care means in a workplace first aid context, what employers must legally provide under the First Aid in the Workplace Code of Practice, how many trained first aiders you need, exactly what a first aider is (and is not) responsible for, and the Good Samaritan protections that apply in Australia.

What does "duty of care" mean in workplace first aid?

Duty of care is the legal responsibility to take reasonable steps to protect the health and safety of others. In a workplace, it flows from the primary duty of care in section 19 of the Work Health and Safety (WHS) Act 2011, which requires a PCBU (a Person Conducting a Business or Undertaking — usually the employer) to ensure, so far as is reasonably practicable, the health and safety of workers and others.

First aid is a specific part of that duty. The PCBU must ensure workers have access to first aid equipment, facilities and trained people so that an injury or sudden illness can be dealt with quickly — before an ambulance arrives.

The employer’s (PCBU’s) first aid duty of care

Following the model Code of Practice is the practical way most businesses meet this duty. It requires you to carry out a first aid risk assessment of your workplace and then provide:

• First aid equipment — at least one well-stocked, accessible first aid kit suited to the hazards and size of the workplace;
• First aid facilities — such as a first aid room or health centre in larger or higher-risk workplaces;
• Trained first aiders — enough workers holding current first aid qualifications; and
• Information — so workers know where the kit is, who the first aiders are, and how to get help.

What is "reasonably practicable" depends on the nature of the work, the hazards, the size and location of the workplace, and the number of workers. A remote farm or construction site needs far more than a small low-risk office.

How many first aiders does a workplace need?

The Code of Practice gives guidance ratios to help you decide. These are a starting point — your risk assessment may call for more.

Higher-risk and remote sites also need more comprehensive kits. See our workplace first aid kits, purpose-built remote-area kits for farms and mining, and catering kits for food businesses.

As a first aider, what is your duty of care?

When a trained first aider steps in to help, they take on their own duty of care to the injured person. In practice this means:

• Act only within your training. Safe Work Australia is explicit that a first aider’s responsibility is to provide care only to the level of their first aid training — you are not expected to act like a doctor or paramedic.
• Take reasonable care. You must take reasonable care for your own safety and the safety of the person you are helping and others around you.
• Get consent. Ask a conscious person before you treat them. Consent is implied for an unconscious or seriously injured person who cannot respond.
• Don’t make it worse. Only move a casualty if there is a danger, and don’t attempt treatments beyond your competence.
• Call for help and don’t abandon. Call 000 for anything serious, and stay with the person until help arrives or you hand over care.

Are first aiders legally protected? The Good Samaritan rule

This is the most common worry, and the reassurance is real. Each Australian state and territory has Good Samaritan provisions in its civil liability legislation that protect people who give first aid in good faith, without expecting payment, and without acting recklessly or under the influence. A first aider who acts reasonably and within their training is very well protected — the far greater legal risk is failing to provide a compliant first aid system in the first place.

A practical duty-of-care checklist for your workplace

• Complete (and regularly review) a first aid risk assessment for your site.
• Provide accessible, well-stocked first aid kits matched to your hazards.
• Train and maintain enough first aiders for your risk level and headcount.
• Consider a defibrillator (AED) for cardiac emergencies — survival drops with every minute.
• Display first aid signage and tell workers who the first aiders are and where the kit is.
• Restock kits after use and replace expired items so equipment is always ready.

Sources: Safe Work Australia — Model Code of Practice: First aid in the workplace; Model WHS Act 2011 (s.19 primary duty of care). Requirements vary by state and territory — confirm the rules that apply to your workplace.