Info Centre Safety
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 ÔsignificantÕ 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 organisation's 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.
SOEID Circular 10/94, 'Guidelines on Safety in Outdoor Activity Centres', 1994.
Your School Journey Abroad. New Education Press Ltd, 1986.
Health and Safety Executive. Five Steps to Risk Assessment. (Ref. IND(G)163L:
1/94 C5000), HSE Publications, Sheffield. 1994.