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Martyn's Law Compliance

The Terrorism (Protection of Premises) Bill, also known as ‘Martyn’s Law ’ is a bill expected to become law in 2024 and will enhance public safety by ensuring better preparedness for, and protection from, terrorist attacks. It will mandate, for the first time, who is responsible for considering the risk from a terrorist attack and how they would respond, to reduce harm and save lives. The bill is expected to become law in 2024. However, compliance shouldn’t be onerous and is designed to sit alongside existing health and safety obligations. Depending on the premises or event – it may simply involve consulting official guidance, conducting a risk assessment, establishing procedures, and providing any training or equipment, such as first aid or signage, to be able to carry out those procedures.

What Is Martyn’s Law?

The Terrorism (Protection of Premises) Bill was in the programme of legislation that the Government intends to pursue in parliament. The Bill is also known as ‘Martyn’s Law’ in tribute to Martyn Hett, who was tragically killed alongside 21 others in the Manchester Arena terrorist attack.

Martyn’s Law will enhance public safety by ensuring better preparedness for, and protection from, terrorist attacks. It will mandate, for the first time, who is responsible for considering the risk from a terrorist attack and how they would respond, to reduce harm and save lives.

The scope of premises and events included is very broad and includes retail, hospitality, entertainment, recreation, exhibitions, visitor attractions, education, transport, education, healthcare, places of worship and more. The Bill will establish a tiered model based on the principal activity and having a public capacity of over 200.

Under current proposals, an inspection regime will be put in place with full powers of entry into any qualifying location. Regulators will have a range of sanctions to address non-compliance and will be able to impose penalties, including restriction notices or fines of up to £18m or 5% of worldwide revenue.

The bill is expected to become law in 2024. However, compliance shouldn’t be onerous and is designed to sit alongside existing health and safety obligations. Depending on the premises or event – it may simply involve consulting official guidance, conducting a risk assessment, establishing procedures, and providing basic training.

Martyn’s Law will help to ensure organisations address the care gap between a mass casualty event occurring and medical help arriving, by having appropriate measures in place to respond to a terror attack and mitigate physical harm. Traumatic injuries such as major bleeds can result in death in minutes, but having provisions to stop severe bleeding readily available, clearly signposted and easy to access can be vital in keeping casualties alive until medical professionals are able to help.

How Does Protection of Premises Bill (Martyn’s Law) Affect First Aid Obligations?

The Draft Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, will enhance public safety by ensuring better preparedness for, and protection from, terrorist attacks. It will mandate, for the first time, who is responsible for considering the risk from a terrorist attack and how they would respond, to reduce harm and save lives.

The draft bill is expected to become law in 2024. However, compliance shouldn’t be onerous and is designed to sit alongside existing health and safety obligations.

It does not specifically state any mandatory requirements for first aid as this will vary between premises and events. However, it does mandate that applicable premises and events assess the risks properly and have appropriate procedures in place to respond to an attack and mitigate physical harm in the event of an attack. This may include the need to provide the necessary first aid to be able to carry out those procedures, along with additional security measures, staff training, evacuation/invacuation planning, and other elements.

A basic level of First aid preparedness is an existing legal obligation and is common within organisations. Enhancing first aid provisions with items which can treat trauma such as catastrophic bleeding almost certainly improves the chances of reducing harm and saving lives, as is the goal of Martyn’s Law.

ProtectUK and National Counter Terrorism Security Office (NaCTSO) state "Public and private sector organisations are strongly encouraged to enhance their first aid preparedness and response planning, so it takes into account the likely injuries which can be the result of a malicious event, such as a terrorist attack."

The draft standard terrorism evaluation will be used by many organisations in assessing the measures they need to take. This is included in the official draft government guidance on Martyn’s Law and states: "First aid kits and fire safety equipment should already have been deployed to mitigate the identified risks and where appropriate staff trained in their use. Consider if additional equipment and training may be needed to support the response to a terrorist incident. This might include Public Access Trauma (PAcT) first aid kits or tourniquets which can be purchased or additional firefighting equipment to be deployed near likely attack points."

The Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, will enhance public safety by ensuring better preparedness for, and protection from, terrorist attacks. It will mandate, for the first time, who is responsible for considering the risk from a terrorist attack and how they would respond, to reduce harm and save lives.

The bill is expected to become law in 2024. However, compliance shouldn’t be onerous and is designed to sit alongside existing health and safety obligations.

What Is The Care Gap?

The care gap is the time between an incident that causes a medical emergency and the arrival of professionals who can treat the casualty immediately. When a medical emergency occurs, people expect an ambulance to be immediately deployed, arrive in a matter of minutes, and for the casualty to receive medical attention immediately upon arrival.

But when a mass casualty event occurs, alongside logistical challenges and any dangers still present, there can simply be too many casualties and too few paramedics, so some casualties have to wait to be treated. This is when the care gap becomes too large, and further damage or even death can result from a lack of prompt medical intervention.

Traumatic injuries such as major bleeds can result in death in minutes, but having provisions to stop severe bleeding readily available and easy to access can be vital in keeping casualties alive until professional help arrives.

This is also the case for premises with machinery or sharp/moving objects where there is a risk of a major bleed injury occuring. The time it takes to bleed out from a critical bleed is often less than the fastest time it takes for an ambulance to arrive. This is an example of the care gap and why any premises where there is a risk of a critical bleed injury occuring should be prepared with enhanced first aid provisions, such as a Critical Injury Pack compliant to BS8599-1 or having bleed control products included alongside basic first aid provisions.

Why Should Organisations Ensure Adequate First Aid Preparedness For Mass Casualty Events?

Protect UK strongly encourage public and private sector organisations to 'enhance first aid preparedness and response planning, so it takes into account the likely injuries which can be the result of a malicious event, such as a terrorist attack'.

It is common for organisations to have a basic level of first aid preparedness not only to comply with legal requirements, but also as a means to enhance the first aid resilience of their workforce. This effort is aimed at safeguarding the welfare of employees, visitors, and anyone in the vicinity of a business premises by offering humanitarian assistance to those in need.

By enhancing their level of first aid provisions, an organisation contributes to strengthening their own and the general population's ability to perform life-saving first aid effectively, which will undoubtedly increase the survival chances of individuals with life-threatening injuries.

Furthermore, the Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, will require those responsible for publicly accessible premises with capacities over 200 to take steps to reduce the threat to the public from terrorist attacks, through assessing risks and having appropriate measures in place to mitigate physical harm.

Under current proposals, an inspection regime will be put in place with full powers of entry into any qualifying location. Regulators will have a range of sanctions to address non-compliance with the proposed law, and will be able to impose penalties, including restriction notices or fines of up to £18m or 5% of worldwide revenue.

Having first aid provisions to treat critical injuries readily to hand and clearly signposted is a reasonably practicable and effective step for organisations to take as part of these plans.

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How Can Organisations Ensure Adequate First Aid Preparedness For Terror Attacks?

Remember:

The arrival of emergency services might be delayed due to potential dangers, which could affect their ability to respond quickly
The initial need for first aid can significantly strain emergency services and the broader healthcare system, especially when multiple injuries occur over a large area
Although the severe nature of injuries in a terrorist attack might be similar to those in other emergencies, the additional threat from the attackers necessitates more comprehensive planning for first aid
There should also be an assumption that there will be more than one casualty

A terrorist incident introduces unique difficulties that might not be apparent in other situations, potentially causing life-endangering injuries to people. Recent incidents of terrorism in the UK have shown that bystanders in the vicinity of such attacks are eager to assist, including by administering first aid to the injured – often resorting to makeshift solutions in the absence of readily available supplies to treat critical injuries.

There is no need to resort to having to use such solutions (such as using ties, scarves and belts for tourniquets) if risks are properly assessed and the right provisions are made available in the right way.

Having first aid provisions to treat major bleed injuries readily to hand and clearly signposted is a reasonably practicable and effective step for organisations to take in order to mitigate physical harm in the event of an emergency.

Protect UK recommend that individuals caught in an attack who are both willing and capable of providing first aid should be allowed to do so. Nonetheless, ensuring their safety is crucial to enable them to offer first aid in a manner that is both safe and effective.

To assist organisations on their counter terrorism first aid preparedness and response, ProtectUK and NaCTSO offer guidance prioritising four key areas:

First Aid Needs Assessment, which includes taking a risk based approach
Having an appropriate First Aid Response Plan
Having adequate and appropriate First Aid Provision
Training where required

Visit the ProtectUK website for further details on assessing risk and creating response plans.

What Is A Public Access Trauma (PAcT) Kit?

A public access trauma first aid kit, also referred to as a PAcT First Aid Kit is a first aid kit which supports the treatment of immediate, life-threatening injuries such as major bleeding and those who are unresponsive with absent or abnormal breathing.

PAcT First Aid Kits are designed to be used by anyone, regardless of their level of first aid training, and supports the first aid efforts until the emergency services arrive. PAcT First Aid Kits should be placed in locations that are public and easily accessible, enabling even an injured person capable of self-treatment (often referred to as 'walking wounded') to use them.

Businesses should include the PAcT First Aid Kit in their first aid culture and response plans. Organisations should ensure that every person should be aware of the location of a PAcT First Aid Kit, regardless of the setting. Consider using recognisable, obvious and compliant safety signage with regular reminders to ensure that life-saving first aid provisions can be quickly and easily located when time is of the essence.

Protect UK state that: "All public and private sector organisations are encouraged to include PAcT First Aid Kits within the first aid provisions they have in place. They are an additional lifesaving resource which improves an organisation’s first aid resilience."

"PAcT First Aid Kits should be commonplace across the UK. Aside from bridging the gap until the emergency services arrive, PAcT First Aid Kits are recognised by all the emergency services, police, ambulance and fire service, across the whole country, which means PAcT First Aid Kits will form part of their first aid response planning too."

While the background to PAcT first aid kits relate to mitigating physical harm from a terrorist related attack, PAcT First Aid Kits can be used to support any incident where there is an immediate life-threatening injury.

Ensuring the provision and correct implementation of PAcT First Aid Kits on your premises is a simple, reasonably practicable and effective step for organisations to protect personnel on site.

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