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The “Good Samaritan” doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for “wrongdoing.” The purpose of such laws is to keep people from being reluctant to help a stranger who needs assistance for fear of possible legal repercussions, in the event that a mistake in treatment is made inadvertently by the rescuer. The Good Samaritan doctrine was primarily developed for first aid situations.
This doctrine protects individuals who attempt to render aid to others. While OSHA would encourage an employer to offer follow-up procedures to an employee who experiences an exposure incident as the result of performing a “Good Samaritan” act, the standard excludes employees who perform unanticipated “Good Samaritan” acts from coverage by the standard since such an action does not constitute “occupational exposure”, as defined by the standard.
NOTE: Every state has its own adaptation of the Good Samaritan legal doctrine. Most states declare that the recipient of the aid must not object to the receipt of the aid, but need not consent. Some states have Good Samaritan laws that apply to all citizens. Other states have Good Samaritan laws written specifically for physicians.
Employers should: