...
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.
Scope
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.
Regulatory citations
- 29 CFR 1910.1030 — Bloodborne Pathogens standard
- 29 CFR 1910.151 — Medical Services and First Aid 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.
Key definitions
- Good Samaritan: “Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance.”
Summary of requirements
Employers should:
- Ensure employees are not acting in ways that can be deemed under the definition of gross negligence., including providing help that is beyond the scope of their training or abandoning the victim before additional first aid can be resumed by another rescuer.
- Understand liability implications of employees that are rendering first aid. In these cases, there is generally the absence of a contractual, special professional, or trustee relationship or statutory requirement; and the person rendering aid is not under a legal duty to assist or care for the injured.
- Communicate to workers and employee rescue team volunteers — unlike those such as traditional medical doctors — that they do not have a legal obligation to treat people.