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Is your Company's Emergency Response Team Covered by your State's Good Samaritan Laws?
What you should know
Guest contributors: TheSafetyDoc
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Many companies are fortunate enough to have an internal emergency response team (ERT), sometimes referred to as first responders. These ERT members can typically respond to various work-related emergencies, from medical emergencies to chemical spills to incipient-stage fires. However, depending on how your ERT is set up, they may or may not be covered by the Good Samaritan law in your state. 

Legal Duty to Rescue

First, it's essential to understand that you are not LEGALLY required to provide medical treatment as a lay rescuer in most states. However, morally and ethically, it's often encouraged to step in and provide care as long as you are trained. 

In most instances, a bystander can’t be held liable for not assisting. However, there are exceptions. Good Samaritan laws in Vermont, Minnesota, and Rhode Island require bystanders to act in some limited capacity. In Canada, residents of Quebec can also face legal consequences for not giving aid. However, that doesn’t mean putting yourself in danger, like entering a burning building or moving a person who has fallen and may have injured their neck – in both cases, it’s best to wait for emergency medical personnel. In more common emergencies, like assisting someone feeling dizzy or confused, Good Samaritan assistance can be as simple as providing a blanket, offering water, or calling 911.

What is the Good Samaritan Law?

In legal terms, a good Samaritan renders aid in an emergency to an injured or ill person. Generally, if the victim is unconscious or unresponsive, a good Samaritan can help them on the grounds of implied consent. Suppose the person is conscious and can reasonably respond. In that case, a would-be rescuer must ask for expressed consent before touching the victim and providing any medical treatment, regardless of the extent of the treatment. 

All 50 states and the District of Columbia have a Good Samaritan law and Federal laws for specific circumstances. Many good Samaritan laws were initially written to protect physicians from liability when rendering care outside their usual clinical setting. The details of good Samaritan laws vary by jurisdiction, including who is protected (physicians, emergency medical technicians, and other first responders) from liability and under what circumstances. These laws do not generally protect medical personnel from liability if acting in their usual profession.

Good Samaritan laws give liability protection against "ordinary negligence." Ordinary negligence is the failure to act as a reasonably prudent person. The failure to exercise such care as the great mass of humanity ordinarily applies under the same or similar circumstances. 

These laws do not protect against "gross negligence" or willful actions. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, likely to cause foreseeable grave injury or harm to persons, property, or both.

What are the requirements for the Good Samaritan Law to apply?

Regardless of where you live, the general concepts of the Good Samaritan laws are very similar. There are typically four criteria that you must meet for the law to apply and provide legal protection:

1. Voluntarily assists without expecting or accepting compensation (also known as "remuneration");

"Remuneration" is the money and non-cash compensation an employee of a company receives for doing their job. It includes salary or wages, commissions, incentives, bonuses, and the value of rental properties, meals, and other perks that are paid for by the company.

    • This is a tricky one when it comes to company ERT members. While it may be an involvement tactic to provide some monetary incentive for becoming an ERT member, by doing so, you are no longer covered by the Good Samaritan Law since you are being paid to do so. 
    • For example, if a physician provided care after the injured party promised to pay for services, this protection would not apply. This exception applies even if the individual providing the aid had no legal right to receive such compensation. The legal question is whether the individual expected "remuneration." Additionally, if the individual was simply at the scene of the emergency soliciting business or seeking to perform a service for remuneration, the protection does not apply.
    • Alaska states the following in their Good Samaritan law, which specifically outlines how much a "volunteer" can be paid and still be covered:
      • A member of an organization that exists to provide emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance if the member provided the service while acting as a volunteer member of the organization. In this subsection, “volunteer” means a person paid not more than $ 10 a day and a total of not more than $ 500 a year, not including ski lift tickets and reimbursement for expenses incurred for providing emergency services.

         

2. Is reasonable and prudent

  • You must do what the average citizen would do in your given situation.

3. Does not provide care beyond the training received; AND

    • If you are only trained in CPR/AED and basic first aid, that's all you can do. Even if you learned how to perform needle decompression in the military, when you are responding as a lay rescuer, this would exceed your level of training, making you exempt from Good Samaritan law protection. 

4. Is not “grossly negligent” or completely careless (also referred to as willful or wanton misconduct) in delivering emergency care.

Exceptions to the Good Samaritan Law

While the law is designed to encourage lay rescuers to step in and provide help, there are some exceptions to these laws. For example, in Kentucky, the use of an automated external defibrillator (AED) is NOT covered by this law. However, if you look at the state of Alabama's Good Samaritan law, the use of an AED is covered, as shown below:

 A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care.

Another example that may vary from state to state is the use of Narcan (Naloxone) during a medical emergency involving an opioid-related overdose. 

Good Samaritan Examples

One of the most common situations that could lead to the Good Samaritan Law being applied is an automobile crash. A bystander who witnesses the accident may instinctively rush to help and accidentally injure a driver while extracting them from a vehicle. Without a Good Samaritan law, the driver could sue the person who assisted for negligence, even though the person was only trying to help. Another example could be an injured driver in a single-car accident who falsely blames a Good Samaritan for causing an injury. The driver may realize they are at fault for the crash and attempt to sue the Good Samaritan for compensation since no one else is to blame.

Bottom Line

Good Samaritan legislation won’t always stop someone from filing a civil lawsuit, but when you understand what you can and can’t do, it’s less likely you’ll get sued, as it’s harder for the other party to win. If you are someone who would stop and try to help in an emergency, make sure you understand the Good Samaritan laws where you live.

Click here for more information about Good Samaritan laws in your state.


Drew Hinton, PhD, CSP, CHMM, EMT
Drew Hinton, Ph.D., CSP, CHMM, EMT

Drew is the President/CEO of Arrow Safety, LLC, a safety consulting and training firm based in Glasgow, KY. Drew has over 15 years of experience in occupational health and safety, over ten years as a career Firefighter/EMT/HazMat Officer (Louisville, KY), and serves as an EMT for the Kentucky Dept. of Health's Medical Reserve Corps.

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The best version of this is not “kids memorizing OSHA facts.” The best version is students learning how to think about work. What can hurt me? What can hurt someone else? What controls are in place? Are they enough? What do I do if something changes? Who needs to know? What does good work look like when we include safety, quality, and productivity in the same conversation?

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Source note: Based on the Texas Education Agency’s adopted 19 TAC §127.16, Occupational Safety and Compliance Lab, and TEA’s CTE program-of-study framework, which emphasizes coherent course sequences, industry-based certifications, and work-based learning opportunities.


Blaine J. Hoffmann, MS OSHM
Blaine J. Hoffmann, MS OSHM

Blaine J. Hoffmann has been in the occupational safety & health industry for 30 years and is the author of Rethinking SAFETY Culture and Rethinking SAFETY Communications. Blaine is the producer and host of The SafetyPro Podcast.

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California AB 2321: A Proposed Shift in How Serious Workplace Accidents Could Be Investigated
What employers need to know...

California Assembly Bill 2321 is one of those pieces of legislation that may not grab national headlines, but safety professionals should pay attention to it. Not because it may rewrite every employer obligation under Cal/OSHA, but because it speaks directly to what happens after a serious workplace accident, especially one involving a fatality or a life-altering injury. And that matters.

When something goes terribly wrong at work, the investigation process shapes more than a legal file. It shapes what gets learned, who gets held accountable, how quickly prosecutors get involved, and whether the system has enough structure to handle the most serious cases consistently.

AB 2321 appears aimed at tightening that process.

What the Bill Is Really About

AB 2321 focuses on the Bureau of Investigations within California’s Division of Occupational Safety and Health. That bureau already has responsibilities related to serious accident investigations, including cases involving death, serious injury, serious exposure, and matters that may be referred for prosecution.

The proposed bill would not simply add a new penalty or create a shiny new employer requirement. Instead, it would change how certain serious cases are reviewed, documented, referred, and reported.

In plain English, this bill is about process discipline.

That may sound boring, but process discipline is often where the wheels come off after serious incidents. The difference between “we looked at it” and “we followed a documented, reviewable decision process” is a big deal.

The Biggest Proposed Change

The most significant piece of AB 2321 is that, once sufficient funding is appropriated, accident investigations involving a death or permanent total disability would be directed by the appropriate prosecuting authority rather than the Bureau of Investigations.

That is a major shift.

Today, safety agencies often operate in that difficult space between regulatory enforcement and criminal referral. AB 2321 would move the lead responsibility for certain severe cases closer to the criminal prosecution side of the house.

For employers, this does not mean every fatality automatically becomes a criminal case. That would be an overstatement. But it does mean the earliest stages of the investigation could be more directly connected to prosecutors when the outcome involves death or permanent total disability.

That changes the tone. It changes the stakes. And it likely changes how carefully everyone will need to manage records, interviews, evidence, timelines, and communications.

Written Procedures and Documented Decisions

Another important part of the bill would require the Bureau of Investigations to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution.

That includes documenting the rationale when the bureau decides not to investigate or not to refer a case.

This is the part safety professionals should appreciate.

A decision not to investigate can be just as important as a decision to investigate. Without documentation, those decisions can look arbitrary, inconsistent, or politically convenient. With documentation, there is at least a record of the reasoning.

That does not guarantee perfect decisions. Nothing does. But it creates a stronger expectation that serious case decisions should be explainable.

In safety terms, this is similar to what we ask organizations to do every day: define the process, follow the process, document the decision, and make the decision reviewable.

Funny how that works when the microscope turns toward the agency side, too.

More Information Sharing

AB 2321 would also require the Division to establish a routine or automated process for transmitting information to the Bureau of Investigations about accident cases with nonfatal injuries.

This matters because serious nonfatal injuries can reveal the same organizational weaknesses as fatal events. In many cases, the only difference between a serious injury and a fatality is timing, distance, luck, emergency response, or a few inches of separation.

A process that improves visibility into nonfatal serious cases could help identify situations that warrant deeper review before the next event becomes fatal.

That is the theory, at least.

The practical question is whether the system will have the staffing, funding, and case-management discipline to do something useful with that information. Data flowing into a weak process does not create learning. It just creates a bigger inbox.

Expanded Annual Reporting

The bill would also expand the Bureau’s annual reporting requirements. The report would go not only to the Division and Director, but also to the Legislature.

The report would include case totals, investigation activity, referrals for prosecution, dispositions, cases not referred, resource use, vacancy rates, job classifications, and additional positions needed to carry out the bureau’s duties.

That is a transparency move.

It gives lawmakers and the public a better look at whether the Bureau of Investigations is staffed and functioning at the level expected of it. That could matter a lot if the system is struggling with vacancies, delayed investigations, or inconsistent referrals.

For employers, this kind of reporting may also give a clearer picture of enforcement trends over time. How many cases are being referred? What types of cases are being declined? What reasons are given for nonreferral? Are staffing shortages affecting investigation capacity?

Those are fair questions.

What Employers Should Not Take From This

Employers should not read AB 2321 and panic.

This is proposed legislation. It is not a new employer checklist. It does not appear to create a new safety program requirement, new training rule, or new injury reporting threshold for employers.

It also should not be reduced to “California is criminalizing workplace accidents.” That is too blunt and not especially helpful.

The better reading is this: California is looking at how the most serious workplace accident cases are evaluated and whether the handoff between safety enforcement and prosecution needs to be clearer, more consistent, and better documented.

That is different from saying every bad outcome equals criminal conduct. We hope!

What Safety Leaders Should Take From This

The lesson for safety leaders is simple: when a serious event happens, your organization’s process will be judged.

Not just the written program. Not just the training record. Not just the inspection checklist.

The real questions will be:

  • Did leaders understand the hazard?
  • Were known issues corrected?
  • Were employees trained and equipped?
  • Were procedures realistic?
  • Were safeguards maintained?
  • Were concerns ignored, normalized, or explained away?
  • Was production allowed to quietly outrank safety?
  • Did the organization learn from prior warning signs?

That is where serious cases usually turn. Not on the slogan in the safety manual, but on what the organization knew, what it did, and what it failed to do.

The Practical Takeaway

AB 2321 is a reminder that serious injury and fatality prevention is not just about compliance. It is about organizational credibility.

If your workplace has high-risk operations, now is a good time to pressure-test the basics:

  • Review your serious injury and fatality risks.
  • Make sure your critical procedures are current, usable, and actually followed.
  • Look closely at repeat hazards, near misses, and serious nonfatal events.
  • Verify that corrective actions are not just assigned, but completed and effective.
  • Train leaders on what to do immediately after a serious event.
  • Protect evidence, document facts, and avoid speculation.

Most importantly, do not wait for the worst day to find out whether your system works!

Because when a serious injury or fatality occurs, the investigation will not only ask what happened. It will ask what was foreseeable, what was preventable, and whether the organization had a fair chance to act before someone got hurt.

That is the part every safety leader should take seriously. Drop your comments on this proposed legislation.


Blaine J. Hoffmann, MS OSHM
Blaine J. Hoffmann, MS OSHM

Blaine J. Hoffmann, MS OSHM, has been in the occupational safety & health industry for 30 years and is the author of Rethinking SAFETY Culture and Rethinking SAFETY Communications. Blaine is the producer and host of The SafetyPro Podcast.

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ASSP Signals Shift Toward "Powered Action" to Neutralize Top Workplace Hazards
Addressing the "lethal leaders"

PARK RIDGE, IL-  January 13, 2026 — The American Society of Safety Professionals (ASSP) is redefining the industry’s approach to worker protection by moving beyond passive observation toward a future of powered action. Recognizing that safety and health is the bedrock of a high-performing enterprise, the Society will continue focusing its lens on the Serious Injuries and Fatalities (SIF) and Potential Serious Injuries and Fatalities (PSIF) that continue to disrupt operations and end lives.

Rather than accepting workplace incidents as an inevitable cost of doing business, ASSP is shifting the paradigm by isolating top hazards and neutralizing their causes where they live: on the shop floor, at the construction site, and in the heart of our infrastructure.

“We recognize that safety and health excellence cannot be achieved in a vacuum,” said ASSP President Linda Tapp, CSP, ALCM, CPTD. “By uniting our rigorous standards with the cutting-edge capabilities of our technology partners, we are moving safety and health from a policy page to the front line. This is safety and health by industry, for industry, where businesses lead businesses to protect our most valuable asset: our people.”

Neutralizing the "Lethal Leaders"

ASSP’s immediate strategy involves removing barriers to effective action by addressing the "lethal leaders"—the primary drivers of SIFs—which are reflected in the most recent OSHA Top 10 Most Frequently Cited Standards:

  • Falls from Heights: To address the most frequent OSHA violation, ASSP will continue deploying and enhancing our world-class standards [ANSI/ASSP Z359] and technology to ensure working at height is never a death sentence.
  • Lockout/Tagout (LOTO): To eliminate energy-related fatalities, the Society is moving best practices out of manuals and directly into the hands of the frontline through our world class standards addressing the control of hazardous energy [ANSI/ASSP Z244 and A10].

A Shared Mandate for the Future

This new direction emphasizes that the industry already possesses the data and has access through ASSP to the standards required to make a difference; it now requires the collective will to ensure every worker returns home. While ASSP prepares to share more details later this month on how organizations can directly collaborate to solve these challenges, the mission remains clear.

“Ending injuries, illnesses, and fatalities at work isn't just a goal, it is our shared mandate for a resilient future,” Tapp added.

About the American Society of Safety Professionals

For more than 100 years, ASSP has supported occupational safety and health professionals in their efforts to prevent injuries, illnesses, and fatalities. With a global membership of over 35,000, the Society provides the technical expertise and leadership necessary to drive meaningful change in the safety profession.

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