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Regulations

Introduction

The legal circumstances within which Outdoor Education takes place are complex and rest on a number of laws, issued guidance, codes of practice and interpretation of case law. As we have no formal training or qualification in this area the following should be considered as guidance only. The reader is therefore encouraged to check for themselves, preferably with a legal representative of their organisation.

The Regulatory Framework

The position in Scots Law is that those responsible for children must take reasonable steps to ensure their well being. With reference to educational excursions it is held that the standard of care expected from the Education Authority is similar to that of a parent (ie in loco parentis).

The person 'in loco parentis' stands in the place of the parent and owes a duty of care to the child equal to the duty of care owed by a reasonable parent; that is a careful parent. The careful parent will avoid activities and situations likely to cause harm to the child. This duty requires careful thinking ahead and anticipation.

Licensing Regulations

THE ACTIVITY CENTRES (YOUNG PERSONS' SAFETY) ACT 1995
THE ADVENTURE ACTIVITIES LICENSING REGULATIONS 1996

Briefing

Note: this briefing paper is based on the Association's current understanding of the Act, the Regulations, and the Guidance issued by the Health & Safety Commission. There have been considerable changes to the details of the Regulations since the publication of the consultative document dated November 1995, and reference should not now be made to that publication. For further information, reference should be made to the published Guidance to the Regulations (cost £9: reference L77: available from HMSO or via HSE Books on 01787-881165, or at PO Box 1999, Sudbury, Suffolk CO10 6FS: the printed Guidance includes the ful text of the Regulations), or to the licensing authority, Tourism Quality Services Ltd [TQS], 24 Lambourne Crescent, Llanishen, Cardiff CF4 5ZJ (01222-755715).

What's it all about?

The legislation introduces a licensing scheme, the aim of which is 'to give assurance that good safety management practice is being followed so that young people can continue to have opportunities to experience exciting and stimulating activities outdoors while not being exposed to avoidable risks of death and disabling injury.' The approach to the scheme is founded on assuring good safety management - which also involves a systematic approach to recognising risks. Commercial providers of activities included in the scheme will have to obtain a license to continue their operations. For most commercial providers, the scheme extends their existing obligations under the Health & Safety at Work legislation.

The new licensing scheme is aimed at those who sell adventure activities to schools and to the public. It does not cover activities offered by voluntary associations to their members, or by schools to their pupils, or provision for young people accompanied by their parents or gaurdians. For all these purposes, young people are those under 18 years of age.

So who doesn't need a licence?

Most schools and voluntary youth groups will not need a licence. This is because they will either be exempt, or be providing activities which are not covered by the Regulations.

In those cases where there is commercial provision of activities which are covered by the Regulations, there must be some element of leadership or instruction present before the Regulations come into operation. It is not 'providing adventure activities' merely to hire out premises or equipment.

Although, in consequence, the great majority of adventurous activities will be provided entirely outside the regime introduced by this legislation, the maintainance of high standards of safety and competence in adventurous activities remains of paramount importance.

So what are the exemptions?

The principle exemptions are:

for voluntary associations providing adventure activities for their own members;

for voluntary associations providing adventure activities, by agreement, for members of another voluntary association [eg. all activities run for, or jointly with, another organisation are exempt provided that the provision has been agreed in advance]; for this purpose, an agreement can be made locally and a simple telephone call to discuss and agree the arrangements is probably sufficient: but it would be good practice to set down on paper somewhere (eg. in a letter or in the joining instructions) what has been agreed

for voluntary associations providing adventure activities to non-members for public relations purposes or in order to recruit them [nb: in this case there is a limit to the provision - no one individual may be so provided for on more than 3 days in any period of 12 months];

for any provision of adventure activities to young people who are accompanied by their parent(s)/guardians(s) during the activity [eg. activities offered during Family Camps or guided Family Walks are exempt].


And what are included?

The Regulations apply to the following activities:

caving (underground exploration in natural caves and mines including potholing, cave diving and mine exploration);

climbing (climbing, traversing, abseiling and scrambling activities except on purpose-designed climbing walls or abseiling towers);

trekking (walking, running, pony trekking, moutain biking, off-piste skiing and related activities when done in moor or mountain country which is remote ie. over 30 minutes travelling time from the nearest road or refuge);

watersports (canoeing, rafting, sailing and related activities when done on the sea, tidal waters or larger non-placid inland waters).

the above summary is taken directly from the Guidance

In relation to caving, the Regulations imply that more or less all activities underground, other than visits to show caves and tourist mines, or to the open ends of horizontal caves (eg. on the coast), are included.

In relation to climbing, it is important to note that climbing walls/towers and abseiling towers are not included. It follows that a purpose-designed tower or wall may be used to provide instruction for payment to, for example, the pupils of a local school, without any need for a licence. On the other hand, such instruction on a different man-made structure (eg. an old railway bridge) is included and requires a licence.

The definition of trekking now includes effectively all travel (ie. not just walking) which takes place:

either on moorland (regardless of height above sea-level)

or on any land above 600 metres

and where the nearest accessible road (usable by an ordinary ambulance) or refuge (manned or with a telephone is more than 30 minutes away.

This implies at most 2.5 kilometres on the flat. The Regulations specify that the walking route must be safe and include a metric version of Naismith's rule [5km per hour, 1 minute per 10m height gain].

Skiing on marked pistes which are patrolled is excluded.

The approach to watersports involves defining

canoeing (which excludes rowing boats propelled or steered by oars);

rafting (including the use of inflatables and improvised rafts, but not motor propelled rafts or rafts towed by a motor boat);

sailing (including everything mainly propelled by wind power, but excluding any craft which requires a certificate under the Merchant Shipping Act 1995).

NB: watersports do not include any activity involving a powered craft (eg. a powered rescue boat), but although there is no cross-reference in the Regulations, the Guidance says 'drivers of powered rescue craft should hold a RYA Level 2 Powerboat award or equivalent'.

Watersports are only included if they are undertaken on specified waters, which are:

the sea (regardless of distance from the shore);

tidal waters (under all conditions);

inland waters where any part of the water is more than 50 metres from the nearest land (not including any island);

inland waters where the surface is made turbulent because of weirs, rapids, waterfalls or fast flowing currents. Turbulence due solely to wind conditions does not bring inland waters under the Regulations.

In consequence, any activity on any normally placid inland water which is less than 100 metres wide throughout is not included, and does not require licensing.

How do I get a licence?

Those who are providing activities that are included in the scheme, and are doing so on a non-exempt basis (ie. they are not exempt under one of the voluntary association or parental exemptions), will require a licence. In general terms, application for a licence in respect of existing provision should have been made by 1 August 1996. For new provision application should be made well in advance.

An application for a licence will cost £200, whether a licence is infact granted or not. The process will also involve an inspection, for which a further fee is payable at the rate of a further £200 [flat] plus £30 per hour taken by the inspector(s) [up to £1,200 maximum].

What are the licensing standards?

The Guidance goes into considerable detail on the standards to be set for the granting of a licence, and must be read by anyone comtemplating applying for one. In particular, the licensing authority will look for:

well implemented systems of risk assessment;

properly documented safety management procedures.

It is recognised that these will quite reasonably differ in their complexity according to the level(s) of the activity/ies undertaken, and the size of the providing organisation at the centre concerned.


So far as the competence(s) that will be expected or required from instructors are concerned, the Guidance (but not the Regulations) includes a number of detailed tabulations of what would be regarded as appropriate. However, the Guidance also emphasises that :

'experience is also important; a person who holds the right technical qualification but has little practical experience may not be competent to advise' and also that 'providers may demonstrate the competence of their instructors by externally awarded qualifications, in-house training, experience or any combination of these...the licensing authority should accept whichever means a provider chooses, so long as it is satisfied that instructor competence has been demonstrated.'

Where next?

In the consultative document published last year, there was discussion of a proposed voluntary scheme, under which organisations might submit their own adventure activities standards and authorisation procedures for kitemarking. There is no mention of such a scheme in the Regulations and Guidance.

The Health & Safety Commission is currently committed to reviewing the whole scheme in three years time.

Footnotes

This briefing paper describes the probable effects on outdoor providers of The Activity Centres (Young Persons' Safety) Act 1995 and The Adventure Activities Licensing Regulations 1996 only. There are many other Acts and Regulations which will affect a variety of activities and events to a greater or lesser extent.

This document is adapted from notes published by the Scout Association with their permission. IOL would like to thank them for their help.

 

Package Travel Regulations

EU Directive on Package Travel

The EU Package Travel Directive came into force in June 1990 as a consumer protection measure and was incorporated into UK law in December 1992. It defines the responsibilities of tourism operators in relation to 'packages' which they sell or promote.

A 'package' is a prearranged combination of two or more of the following, offered at an inclusive price and covering a period of at least 24 hours or overnight accommodation:

transport;

accommodation;

other tourist services which account for a significant proportion of the package.

The law relating to package travel requires the tour operator to:

provide full and accurate details about packages including terms and conditions;

provide guarantees for any advance booking monies until the trip has taken place;

be liable as well as responsible for the services supplied by their sub-contractors.


As consumers this legislation should provide security in a variety of ways not least of which is protection of deposits and late changes in arrangements. Tour operators must provide financial security of prepayments in one of three ways:

bonding-setting up a form of business guarantee usually through an association such as ABTOT (The Association of Bonded Travel Organisations Trust Ltd);

insurance - an individual policy for each customer;

trust accounts - lodging prepayments in a secure account until the package has been taken.


When booking an excursion with a tour operator or with anyone offering a 'package' as previously defined, you should ensure that they are complying with the EU Directive. As a minimum you should ask for information on how they are providing financial security for prepayments and be satisfied that there is compliance with one of the three options outlined.

Tour operators who can provide a current ABTA registration number automatically comply with financial security for prepayments.

The directive does not effectively or clearly distinguish between a tour operator and a teacher (who might unwittingly put a 'package' together and offer it to pupils). The Guidance Notes prepared by the Consumer Affairs division of the Department of Trade and Industry state:

'Packages organised as part of a course of education, for example a geology field trip are unlikely to be sold in the normal sense of the word and will probably therefore not fall within the scope of this directive'; and

'Organisers who organise packages only occasionally will not fall within the provisions of these regulations. The directive does not define what constitutes occasionally'.

There exists the possibility that teachers offering a regular type of excursion (eg 4 or 5 trips a year to Cairngorm for skiing) might be selling a package which:

includes overnight accommodation, and

includes transport and accommodation and a tourist service (eg skiing).

Under such circumstances the need for financial security of prepayments will require to be provided.

References

British Tourist Authority. EU Package Travel Directive - Explanation Notes for the Tourism Industry. BTA, 1993.

Department of Trade and Industry. Guide for Organisers and Retailers - Looking into the Package Travel Regulations. DTI, 1995.

 

Minibus Regulations

Mini-buses are classed as small buses and may be of two sizes: up to eight seats and up to seventeen seats.

Under no circumstances can a mini-bus be used for hire or reward. Hire or rewards is any sort of payment a person makes which lets them travel on your vehicle even if it is not enough to make a profit. The payment may be for anything (eg concert tickets) but if it lets a person travel on your vehicle it counts as hire or reward. (Reference: PSV Operator Licensing - PSV 437 rev 4/91).

There are two ways in which passengers can be transported legally:

a) Obtain a PSV Operator's License and drivers obtain a new PCV driving entitlement;

b) Obtain a mini-bus permit from the local authority;

Driving Licences

Depending on when a test was passed a driving licence will state 'Group A' or 'Category B' or 'DO'. These mean the same thing. Today's drivers are all classed 'DO' (if the driver is 21 years of age or older). Category 'DO' allows the holder to drive small passengers carrying vehicles (between 9 and 16 seats) not for hire or reward.

These regulations applied until 1 January 1997 when EU Directive (91/439/EEC) came into force. Anyone currently over the age of 21 with Category 'DO' will be able to continue as before. New drivers, taking a test for the first time, will if successful, be limited to vehicles having not more than eight seats. (Their licence will state Category 'B'). If they wish to drive mini-buses with nine to sixteen passenger seats, they will require an additional test coupled with higher medical standards.

Speed Limits

Most drivers assume that the speed limits which apply to cars also apply to mini-buses. The following table gives the legal speed limits currently in force.

 

Motorways

Dual Carriageways

Other Roads

Mini-bus

70

60*

50*

Mini-bus towing trailer

60

60*

50*


(*Provided lower speed limits are not in force)

Taking a Mini-bus Abroad

Mini-buses which can carry ten or more persons (including the driver) and are used on journeys to or from the continent or the Republic of Ireland, come within the scope of the European Union and other international regulations governing international bus and coach journeys.

From the Council (or owner of the vehicle) you will need the following documents:

Green Card Insurance;

The Vehicle Registration Document;

A letter of authorisation for the use of the vehicle;

CIGNA Insurance Card (Europe Assistance)

From the Department of Transport:

A waybill (either EU or ASOR depending upon the countries to be visited) - available from Consideration of Passenger Transport UK, Sardinia House, 32 Lincoln's Inn Fields, London, WC2A 3LZ (0171 240 3131);

A certificate to drive a passenger vehicle within the scope of EEC Regulation 3820/85 - available from Scottish Traffic Area, J Floor, Argyll House, 3 Lady Lawson Street, Edinburgh, EH3 9SE (0131 529 8500).

Full details of the legislation is available in a leaflet issued by the Department of Transport entitled 'Taking a Mini-Bus Abroad' issued by the Freight and Haulage Division, July 1995.

 

 

VAT on Educational Excursions

The Value Added Tax (Education) Order 1994 came into effect on the 1 April 1994. it sets out the arrangements under which 'educational school trips' would be viewed as non-business activities provided they are part of an 'agreed curriculum'.

This term has been clarified by HM Custom and Excise VAT Policy Directorate (London) and the following guidance issued:

'If the Headteacher or other responsible person within the Education Authority is able to state that the trip forms an essential part of state education then it can be treated as non-business'.

An education excursion does not require to include a VAT payment if the headteacher is able to say that it is a part of the state education.

Children's Act

The 1988 Children Act redefined the legal relationship of parents with their children and Local Authorities (and any carers they employ or contract) with children. The Children (Scotland) Act 1995, embraces the different legal position in Scotland and completely redefines Scots law on, amongst other things, parental rights, parental responsibilities, guardianship and Local Authority duties. These Acts give effect to the UN Convention on the Rights of the Child (Article 12). Clearly, not all aspects of the law are relevant to Outdoor Education, but there are specific areas which require some attention. These relate primarily to children being 'looked after' (this term replaces 'in care') by the Local Authority, children with disabilities and those in residential schools. For those working in Outdoor Education these are the likely implications.

a) For those children being 'looked after' there are increased obligation on the part of the Local Authority to ensure that their responsibilities towards them are discharged properly. This may mean that provision is made for school holiday and after school activities; and so anyone responsible for children in these circumstances may have to meet new demands made by the Local Authority.

b) Residential schools may be inspected. It is not clear whether this also applies to Residential Outdoor Education Centres, but it is probably fair to say that this may be the prerogative of the Local Authority, especially in the case of children being 'looked after'.

c) Special provision is made for children from ethnic minorities or with disabilities, where the requirement is that they should have the opportunity to lead as normal a life as possible.

d) There are substantial implications for those employed in Social Work with special regard for those children placed in foster care. This is particularly the case where there are disabilities, social difficulties or emotional difficulties.


The provisions are detailed and there are already a number of draft regulations out for consultation from the Scottish Office. Consequently the best policy is to consult with the person responsible in the Education or Social Work department of the Local Authority.

Protective Equipment Regulations

PPE and CE Marks

Originally a European directive, the regulations associated with Personal Protective Equipment became UK law in 1992 and have been in force since 1995. PPE is considered to be 'any device or appliance designed to be worn or held by an individual for protection against one or more health hazards'. The regulations also apply to equipment in a safety system but not worn or held. The CE mark, which must be of a specific type style, denotes compliance with the PPE requirements. There are 3 categories of PPE: simple, intermediate and complex. Much of the equipment used in outdoor activities will fall into the third category. Amongst other things, the regulations specify user instructions and independent testing requirements (ISO 9000 / BS 5750).

New regulations are being phased in to require the employer and user to select and use CE marked products. The actual requirements will vary according to the equipment selected which will depend on the type of outdoor activity. Perhaps the most regulated situation will be where climbing and caving equipment is used. For a clear interpretation see the guidance notes available from a number of manufacturers such as Troll Safety Equipment, Uppermill, Oldham. More detailed information is available from the DTI and HMSO (see references).

References

Department of Trade and Industry. Product standards: PPE, UK Regulations June 1993. DTI (01272 444888).

Wildlife and Countryside Act

The Wildlife and Countryside Act (1981) and the Conservation of Wild Creatures and Wild Plants Act (1975) have brought a substantial measure of protection to our wildlife. For the first time the presumption has become that all wild plants and animals are protected unless specifically mentioned. There is little likelihood that Outdoor Educators will contravene the Acts, but it is as well to know that, for example, adult clients should not expect to uproot flowering plants to take home for their gardens. It is also useful to be able to inform all types of 'client' that almost all of our flora and fauna is protected in this way.

 

Access Regulations

The law relating to access in Scotland 'is complex in nature which often leads to the misunderstanding that there is no law of trespass' (Nicol, 1996). Civil law places many conditions on recreationists using private land. For example, those who seek to gain access to land for recreation are primarily interested in the areas which are maintained as sporting estates. Since over 13 percent of all land in Scotland is held in estates of over 5000 acres which are privately owned (Higgins et al, 1996), then the recreationist is required to seek permission from the landowner or have a statutory right of access such as a Right of Way (Brodie, 1991).

Access to Land

In the situation where a member of the public crosses private land without permission then the landowner is legally entitled to ask them to leave. The landowner may use what is termed as 'reasonable force' (Scottish Rights of Way Society, 1986, p4) to ensure that the trespasser is removed. Clearly the term 'reasonable force' is open to interpretation and the recreationist should always bear in mind that any unreasonable force would likely constitute a criminal offence.

In 1994 SNH issued a policy paper entitled 'Enjoying the Outdoors'. In Annex 1 it offers a summary of the law relating to open air recreation. It provides a straightforward view of the situation regarding aspects of the law as summarised here and an outline of the implications of the Criminal Justice and Trespass Act (1994). Although this was met with understandable anxiety when it was drafted, it has so far not been used against those visiting an area for recreational purposes.

Although not enshrined in law there are other aspects of access to be considered. The Access Concordat is an agreement subscribed to by land owners and users. Its purpose is to 'establish better understanding between the various interests in order to promote tolerance and to encourage co-operation' (SNH, 1996). Since this concept depends on the voluntary principle there are no formal sanctions for unreasonable behaviour on the part of user and owner with the success of the scheme depending on goodwill on the part of the subscribers. However, the parties to the Concordat agree that 'freedom of access (may be) exercised with responsibility and subject to reasonable constraints for management and conservation purposes'. Whilst this is not a substitute for revision of legal instruments it does provide a positive step towards this and an acknowledgement of the de facto situation.

in 1993 the owner of the Letterewe Estate together with user group representatives published the Letterewe Accord. The premise underpinning this document was that 'public use is based on the tradition of freedom of access to all land'. Writers such as McOwan (1993) and Morris (1994) point to the traditional right to roam (de facto access) as the true right of access in Scotland, and that this right precedes present legislation. The root cause of this debate centres around the antiquated nature of the Scots law of property which authors such as Wightman (1996) suggest needs to be reformed in order that equitable use of the countryside be achieved.

Water Based Access

Those seeking access to inland water are legally required to follow the requirements set out above. For example, if a loch is surrounded by private land (whether in single or multiple ownership) then the recreationist will be trespassing unless permission has been granted. In effect the act of trespass occurs not through being on the water but by reaching it. This must be distinguished from access to public land where rights are more straightforward.

Rights of Navigation provide the water user with certain priorities. Where such a right has been declared (the rivers Spey, Leven and Ness for example) the right of passage takes precedence over other uses. This would have particular significance in conflict arising between canoeists and anglers. However, if canoeists are to maintain or improve their public image such rights must of course be exercised in a considerate manner.

The Scottish Canoe AssociationÕs interpretation of the legal situation is that 'the law of Scotland allows canoeists to paddle all rivers or associated waterways where passage can be found either in their daily flow or during seasonal floods' (SCA, 1991) Any incidence of conflict would be decided in court on the basis of the history of use (commercial logging has helped to create Rights of Navigation), judicial precedent (previous cases such as Wills' Trustees v Cairngorm Canoeing and Sailing School Ltd. 1976), physical navigability (where the testing agent is whether the stretch of water is navigable by a boat) and that the use of those claiming a Right of Navigation is not unreasonable.

Having read this far the reader may feel less sure of the law relating to access than before they started. This is indicative of the nebulous nature of the law enforcing those rights. They are in essence negative concepts enforcing those rights not to be enjoyed by the public. Countries such as Norway, Sweden, Finland, Denmark, and Germany are guided by positive legislation which protects recreational and educational use of the countryside.

References

Access Forum Secretariat. Scotland's Hills and Mountains: a Concordat on Access. Battleby: Scottish Natural Heritage, 1996.

Brodie, W.S. Access Review Research Report - The Law of Access for Water Based Recreation. Battleby: Scottish Natural Heritage, 1991.

Higgins, P. Jackson, L. and Jarvie, G. Deer Forests, Sporting Estates and the Aristocracy: Some Preliminary Observations. Scottish Centre Research Papers in Sport, Leisure and Society, (2), 32-52. Edinburgh: Moray House Institute, 1997.

McOwan, R. In 'Scotland On Sunday'. 31 January 1993.

Morris, D. In 'The Scotsman'. 12 January 1994.

Nicol, R. Threats to Inland Canoeing: Options for Change. Leisure Studies Association Newsletter, 43, 17-33, March 1996.

Scottish Canoe Association. Statement of Policy. Edinburgh: SCA, 1991.

Scottish Natural Heritage. Public Access to the Countryside: A Guide to the Law in Scotland. Battleby: SNH and CoSLA, 1994.

Scottish Natural Heritage. Enjoying the Outdoors: A Programme for Action. Battleby SNH, 1994.

Scottish Rights of Way Society. Rights of Way - A Guide to the Law in Scotland. Edinburgh: SRWS, 1991. (Available from John Cotton Business Centre, 1Sunnyside, Edinburgh, EH7 5RA.

Shoard, M. This Land is Our Land. London: Paladin. 1987.

Wightman, A. Who Owns Scotland. Edinburgh: Canongate, 1996.

 

Health and Safety Regulations and Risk Assessment

Health and Safety at Work etc Act 1974

Duties of Employers to Employees

General duties of an employer are qualified by the words 'so far as reasonably practicable'. The implication of this is that measures taken by an employer to alleviate a risk should bear a proportionality to that risk.

Safety Policy and Working Arrangements

A written statement of policy and working arrangements is still required where five or more persons are employed. One statement will satisfy the requirement of the HSW Act and the 'Management Regulations'. In addition to normal working arrangements for control of health and safety matters, employers can include emergency procedures.

Duties to Persons other than Employees

Both employers and the self-employed have duties to conduct their undertakings in a manner which will not put others at risk. This duty is therefore of great importance to Centres who will generally have a 'Section 3' duty to participants.

It is also under Section 3 that an argument could be made out for provision of an emergency procedure for non-employees, ie most participants. Whilst provision of an emergency procedure is not specific, a strong argument could be made in many cases eg sea canoeing, where lack of an emergency procedure could be a matter of life and death.

Premises for use by Non-Employees

There are duties concerning safety of premises and equipment. The duties are on persons (including therefore legal entities) who make non-domestic premises or equipment available for non-employees. This has application if for example a Centre makes an indoor climbing wall or indoor climbing equipment available to the public.

Employees Duties

Any employee, including instructors who are employees, has duties towards others who could be affected by his acts whilst at work - including participants.

Directors or Managers Duties

If in law a conviction was obtained under the HSW Act against the Centre as a legal entity, then the director or manager or similar officer of the Centre could also be prosecuted if consent, connivance or negligence on the part of that director or manager could be demonstrated.

HSE Risk Assessment

Although the topic 'Risk Assessment' has been around for some time, it has only recently become a familiar phrase in the context of Outdoor Education and in schools.

The Management of Health and Safety at Work Regulations 1992 provides practical guidance under section 16 of the Health and Safety at Work etc Act 1974. These regulations state:

'Every employer shall make a suitable and sufficient assessment of:

a) the risks to the health and safety of the employees to which they are exposed whilst they are at work; and

b) the risks of the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking'.

'If an employer employs five or more employees, he shall record:

a) the significant findings of the assessment; and

b) any group of his employees identified by it as being especially at risk'.

These regulations came in to effect on the 1 January 1993 and although failure to comply with any provision is not in itself an offence, that failure may be taken by a Court in criminal proceedings as proof that a person has contravened the regulation or sections of the 1974 Act to which the provision relates.

Detailed guidance on carrying out risk assessment to HSE requirements is contained in a handy document entitled '5 Steps to Risk Assessment' published by the Health and Safety Executive. The key parts of the assessment are:

1 location and task;

2 potential risk and who might be affected;

3 whether the risk is high, medium or low;

4 what the present control measures are;

5 an assessment of the effectiveness of the controls and any proposed amendment.

Finally the assessment should be signed and dated by the person carrying it out and it should state the reassessment date.

One important point in carrying out a risk assessment to HSE requirements is to concentrate on significant hazards and ignore the trivial. However, people interpret 'significant' and 'trivial' in different ways. As long as those carrying out the assessment and the employees it affects are satisfied that the significant risks to them are included then HSE should be satisfied.

Risk Assessment for the Activity Centres License

The full HSE risk assessment is not required by AALA. The organisationÕs Head of Inspection Services, Marcus Baillie highlights the need to look at risk assessment in the context of the environment in which we work and focus on occurrences which if not managed or avoided could foreseeably result in death or disabling injury (Baillie, 1996).

Under this definition, 'significant' is likely to include drowning, impact with something solid or exposure/hypothermia.

AALA want to know 'How do you prevent these from happening during your sessions ?'. Unlike HSE risk assessment which focuses on the safeguarding of employees, this risk assessment will look at ways in which participants are safeguarded as well as the instructors. other factors to be included for AALA include:

Group management and care

Location of session

Operational procedures

Safety statement

Records (meetings, locations issued, accident and near misses, qualifications, equipment).

Risk Assessment for Safety in Schools

Recently 'risk assessment' has come to the fore following Lord Cullen's report into the Dunblane Tragedy. School safety groups are now well established and funding is planned for the SOEID to assist with school security. It is anticipated that the allocation of this finance will be based on evidence provided by a risk assessment. This will not be to HSE nor AALA criteria.

It is important when seeking access to risk assessments that it is made clear which risk assessment is being referred to and for which specific purpose it was carried out.

Other Relevant Statutory Provision

There are numerous enactments which will require consideration from time to time. Some of the main ones are as follows:

Applications/Comments Legal Requirement The Control of Substances Hazardous: Any work involving chemicals, eg to Health Regulations 1988 canoe maintenance

Electricity and work Regulations 1989: Safety of electrical systems of Centres, portable equipment. Maintenance of electrical equipment

Gas and Safety (Installation and Use):Installation and maintenance of gas appliances. Regulations 1984 and amendments

Fire Safety

General fire precautions at Centres are administered by the fire authorities, from whom advice may be obtained.

Food Hygiene

Food hygiene regulations are enforced by Local Authorities for kitchens at all Centres.

Health and Safety (First Aid) Regulations 1981

Most, if not all, Centres will recognise the need of adequate first aid provision. The regulations apply only to duties of employers towards employees who suffer injury or ill-health.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985

There are two categories:

1. Fatalities and major injuries occurring to any person involved with the work of the Centre.

a) Notified to the enforcing authority as soon as possible - usually by telephone

b) Reported on form F2508, within 7 days of the accident, to the enforcing authority.

2. Where an employee of the Centre is off work for more than three days because of an accident at work the enforcing authority should be notified on form F2508 within 7 days of the accident.

The regulations require the Centre to keep a record of reportable accidents.

Health and Safety Information for Employees Regulations 1989

Employers must by law display a poster or distribute a leaflet to employees. The poster and leaflet set out basic information on health and safety in an easily understandable form. The poster should also give the name and address of the Enforcing Authority relevant to the particular Centre.

Bibliography

AHOEC, NAOE, NAFSO, OEAP, SAPOE. Outdoor Education, Safety and Good Practice: Guidelines for Guidelines. Duke of Edinburgh's Award Scheme, 1988.

Health and Safety Commission. Guide to the Licensing Authority on the Adventure Activities Licensing Regulations. HSE, 1996.

UKMTB. National Guidelines - Advice on Safety and Good Practice on the use of Mountain Training Awards. UKMTB, 1995.

Health and Safety Executive. HSE Guidance on PPE at Work. HSE, HMSO.

Department for Education and Science. Safety in Outdoor Education. HMSO, 1989.

Professional Association of Teachers. Safety on School Journeys. 1987.

National Association for Outdoor Education. Safety Principles in Outdoor Education. NAOE, 1987.

Buckinghamshire County Council. School Visit to Cornwall by Stoke Poges County Middle School. Bucks CC, 1985.

Grampian Regional Council Education Department. Safety and Good Practice in Outdoor Education. Aberdeen: GRC, 1996.

Royal County of Berkshire. Report of the Altwood School Inquiry Panel, 1989.

SOEID Circular 848, 'Safety in Outdoor Pursuits',1972.

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