When an employee who is not trained in CPR stands next to a coworker who has collapsed, the legal question is rarely about that one employee. Employer liability depends on what the workplace did beforehand: whether it assessed its risks, met the rules that apply to its industry, and had a reasonable plan for getting help to a person in cardiac arrest. Having no CPR-trained staff is not automatically unlawful in most workplaces, but it can weaken your position when other safeguards are also missing.

This article covers where employer liability comes from, what Good Samaritan laws do and do not protect, which rules may require training, why the clinical case for preparation is strong, and what a defensible plan looks like. It is general information, not legal advice, and the legal points reflect the picture as of 2026.

Where Employer Liability Really Comes From

Three separate legal ideas tend to get blended together, and it helps to pull them apart.

  • Negligence is a failure to act as a reasonably careful employer would. It rests on a duty of care, a breach of that duty, and harm caused by the breach.
  • Regulatory violation means breaking a specific rule, such as an OSHA standard or a state licensing requirement. A violation can bring penalties and can also be used as evidence in a negligence claim.
  • Workers' compensation is the system that handles most workplace injuries and illnesses for employees. In most states it limits an employee's ability to sue the employer directly, but it does not necessarily shield you from claims by customers, visitors, or other third parties.

Whether workers' compensation covers a particular cardiac event, and whether an exception applies, varies by state and by the facts. That is a question for an attorney.

An illustration

Suppose a warehouse worker collapses on the floor. No one on the shift has CPR training, there is no AED on site, and nobody is sure of the building's street address when someone finally calls 911, several minutes late. A plaintiff's attorney would not focus on the panicked coworker. They would ask whether the company ever assessed the risk of a medical emergency, whether it had a written emergency plan, whether anyone was assigned to meet responders at the dock, whether an AED was considered, and whether any drills or training took place. Each "no" is a gap, and together they make a pattern.

That pattern is the real exposure. Any one gap might be defensible alone. A workplace with a plan, a few trained responders, a maintained AED, and records of all of it is in a very different position from one with none of those things.

A common misconception is that the law requires CPR-trained staff everywhere. It does not. Many workplaces have no explicit mandate. But "not required" is not the same as "reasonable," and reasonableness is the standard a court or insurer will apply when something goes wrong.

Good Samaritan Laws: What They Protect and What They Do Not

Good Samaritan laws are state statutes that generally shield people who give emergency aid in good faith from civil liability for their actions. The usual exceptions are gross negligence (a conscious, reckless disregard for another person's safety) or willful misconduct. Ordinary mistakes made while trying to help are typically covered.

For an untrained employee who starts chest compressions on a collapsed coworker, that protection is often exactly what applies. But the wording differs from state to state. Illinois, Indiana, Iowa, Ohio, Michigan, Wisconsin, Minnesota, and the other Midwest states each have their own statute, and they differ on who is covered, whether the person must be unpaid, whether AED use is addressed separately, and what conduct falls outside the shield. Read your own state's statute, or have counsel summarize it, rather than relying on a general belief that "Good Samaritan laws cover us."

The mistake employers make

The most common error is assuming these laws protect the employer's failure to prepare. They generally do not. They are written to protect the rescuer who acts in the moment. Whether and how a given statute extends to an employer, and whether it covers an employee acting within the scope of their job, can differ by state. A law that protects a bystander from being sued for a rib fracture during compressions says nothing about whether the company should have had an AED or a plan.

Workers with a duty to respond

Some people are not ordinary bystanders. Lifeguards, licensed childcare staff, athletic trainers, coaches, and security or facility staff may have a job-related duty to respond, set by their role, their license, their employer's policy, or state law. For them, Good Samaritan protection may be narrower or may not apply in the same way, because they are acting as part of a duty rather than volunteering. If your employees fall into these categories, confirm the standard that applies in your state.

When the Law or Your Industry Requires CPR Training

The best-known federal rule is OSHA's first aid standard, 29 CFR 1910.151(b). It says that in the absence of an infirmary, clinic, or hospital in near proximity to the workplace that is used for the treatment of all injured employees, a person or persons must be adequately trained to render first aid. OSHA has addressed CPR in this context in letters of interpretation, and in some settings it has treated CPR training as part of adequate first aid preparation, particularly where emergency medical help is not close by. The standard does not simply order CPR training for every workplace, so treat the claim that "OSHA requires CPR for everyone" as a misconception. Read the current text and OSHA's interpretation letters, or ask counsel, before deciding how it applies to you. "Near proximity" is judged by how quickly care can arrive, not just by distance on a map.

Beyond OSHA, requirements often come from your industry. As of 2026, these commonly include:

  • Licensed childcare providers, where state licensing rules typically require CPR and First Aid certification for some or all staff.
  • Many healthcare roles, where employers and licensing boards expect Basic Life Support (BLS) certification.
  • Lifeguards and aquatic staff, usually under state or local codes and certifying-agency standards.
  • Some school staff and coaches, depending on state law and district policy.
  • Fitness facilities, where state law or insurer requirements may call for trained staff, an AED, or both.

Some states also require an automated external defibrillator (AED) in particular building types, such as schools or gyms. Those laws differ in which buildings they cover and what they demand for training, maintenance, and registration, so check the rule for your state and facility type.

Before assuming you are exempt, contact three sources: your licensing body, your insurance carrier, and your state labor department. Insurers in particular sometimes set expectations that go beyond the law, and they are often the quickest to tell you what they consider reasonable.

Why Delayed Response Matters: The Clinical Case for Training

Sudden cardiac arrest is time-critical. The heart stops circulating blood effectively, and every minute without CPR or defibrillation reduces the chance of survival and of a good neurological recovery. The American Heart Association (AHA) bases its CPR and Emergency Cardiovascular Care guidelines on this principle, and its guidance consistently stresses immediate bystander CPR and early defibrillation as the interventions that make the biggest difference before advanced care arrives. For current survival figures, consult the most recent AHA guidelines and statistics directly, since they are updated periodically.

The chain of survival

The AHA describes a sequence of actions, and the first links depend on people at the scene:

  1. Recognize the emergency and call 911 (or your local emergency number).
  2. Start high-quality chest compressions right away.
  3. Use an AED as soon as one is available.
  4. Hand off to emergency medical services for advanced care, then post-arrest care in the hospital.

Why 911 alone is not enough

Emergency medical services are essential, but their arrival time varies. In rural parts of the Midwest, where a call may be answered by a crew coming from a distance, the first minutes belong to whoever is in the building. A workplace that plans to wait for an ambulance is planning for the part of the emergency it does not control.

Hands-only CPR versus full CPR

Hands-only CPR means calling 911 and pushing hard and fast in the center of the chest without rescue breaths. The AHA promotes it for untrained bystanders who witness an adult collapse. Full CPR adds rescue breaths, usually in a cycle with compressions, and is taught to those who are trained, expected to respond as part of their role, or caring for infants, children, and people whose arrest may be caused by breathing problems. General staff benefit from CPR and AED training, while healthcare workers and designated responders should hold BLS.

Building a Defensible Workplace Emergency Response Plan

A defensible plan shows that you thought about the risk and acted proportionately. These steps build one.

  1. Assess the risk. Consider headcount, age and health profile of staff and visitors, physical hazards, public access, and how long EMS would realistically take to reach each location.
  2. Decide how many responders you need. Aim for at least one trained person on every shift and in every area, with extra coverage for absences, breaks, and large sites.
  3. Write a short emergency action plan. Name who calls 911, who retrieves the AED, who meets responders at the entrance, and how the exact location is communicated.
  4. Match training to role. CPR/AED and First Aid suit most general staff. BLS fits healthcare workers. Track card expiration dates; AHA cards and many other providers' cards are typically valid for two years, but confirm with each provider.
  5. Install and maintain AEDs. Place them where they can be reached quickly, mark them with clear signage, name one person responsible for checking batteries and pads, and verify any state registration or medical oversight rules.
  6. Document everything. Keep training rosters, drill records, AED inspection logs, and incident reports. Records are what show reasonable care when memories fade.
  7. Review coverage and policy. Talk to your insurance broker about what your policies cover, and have an attorney review your plan against state requirements.

Treat the plan as a living document. Revisit it when you add a shift, move locations, or change staffing, and run a short drill at least once a year so the plan exists in practice and not only on paper.

Common Questions Employers Ask About Untrained Staff

Can an untrained employee be disciplined or sued for not helping? For the average bystander, the law generally imposes no duty to rescue. Job-specific duties, licensing rules, and state law can change that, as can your own written policies, so verify the rules where you operate before writing any discipline policy.

Should untrained employees attempt CPR anyway? In most cases, yes, after calling 911. Dispatchers are trained to coach callers through compressions, and Good Samaritan protections often apply to good-faith efforts. Your plan should say this plainly so staff are not paralyzed by fear of doing it wrong.

Does training increase liability? This is a common misconception. Current, well-documented training generally helps show reasonable care, and it puts capable people on the floor. Employers should still confirm their particular situation with counsel, especially where employees have defined duties to respond.

How many employees should be trained? There is no universal number. Base it on headcount, number of shifts and locations, the physical layout, and how quickly EMS can arrive. A small single-shift office and a three-shift distribution center need very different coverage.

Preparation Lowers Liability, Not One Person's Knowledge

No single employee's skill decides your legal position. What protects you is a workplace that assessed its risks, met the rules that apply to it, trained enough people, kept an AED ready, and kept records proving it. Check your state's requirements with an attorney, and bring your insurer into the conversation.

Don't wait until an emergency happens. Equip yourself and your team with life-saving skills today. Schedule your CPR certification class now and gain the confidence to respond when every second counts. Midwest CPR Center offers CPR, AED, and First Aid training for teams of every size.