HSWA is a general act that affects all working environments. It is backed up by other Legislation that acts upon health and safety in the leisure industry. HSWA is known as a criminal law, so you can be criminal prosecuted and if you are found to be guilty it can be a fine or imprisonment. Health and safety is the concern to everyone, it’s very important to remember this.
The act was introduced to make sure employers take sufficient measures for the
protection of their employees. The act is designed for the management of the
centre who supply the activities. It covers the health and safety of all
- Staff full and part time
- Customers
- Contractors
- Trespassers
who are all involved in the organization. All personnel are responsible for there doings on other people. If an accident transpires due to your deed or inactivity then the injured person can obtain reimbursement.
The employer must guarantee feasible surroundings for the employee. There must be:
- Safe place of work with safe access
- Safe plant and equipment
- Safe use, handling, storage and transport of articles and substances
- Safe systems at work
- Information, instruction, training and supervision of employees
The employer must be in no doubt that non-employers are not exposed to risks that will have an effect on health and safety in the working place that they have decided to attend. The employer must manage the health and safety of the facility and the services it provides. They should inform non-employers of hazards and correct procedures to reduce risks.
When an employee starts work the regulation necessitate that the individual is
- Made aware of the health and safety systems in practice
- Fully aware of any hazards in the place of employment
- Checked for knowledge and competence on health and safety matters and that any training that may be necessary is identified
- Assigned responsibilities and tasks for health and safety
- Brought up to date about any changes in practice and regulations
The employee is expected to sustain the health and safety of that organization by:
- Co-operating with the employer in carrying out the statutory provisions
- Take reasonable care of their own safety and the safety of others in so far as it may be affected by their actions or omissions
- Refrain from reckless or intentional misuse of anything designed to maintain health, safety and welfare.
By following these main beliefs they will be contributing to the protection of health and safety. If there is an accident they won’t be liable.
Some general implications of the Health and safety at work act 1974 are:
- It is an offence for a business not to comply with the general duties prescribed within the act
- It is an offence for a business not to comply with any regulations prescribed within the act.
- It is an offence for a business to prevent safety inspectors from entering a business premise and viewing all the potential risks.
- It is an offence for a business to ignore safety measures requested by the safety inspectors, or the health and safety commissions.
- It is an offence not to comply with any legal representation made by a court of law to comply with safety guidelines.
Sport centres have a duty of care to the sports performer. Who ever puts the sporting activity should put safety of the performer first and foremost.
They must ensure:
- All equipment is safe to use
- The group size is appropriate to the activity
- The ability of the group matches the event
- Activities and training sessions are properly planned and controlled
- Safety equipment is available and in good working order
- First aid is available
- Procedures for calling the emergency services are in place.
An example of an incident where these rules were not thought about is the Lyme bay canoeing tragedy, when four teenagers died. This tragedy was the result of a series of errors and circumstances that shouldn’t have happened. It was the failure to organize and supervise the activity and to employ suitable staff and to have prepared and operated sensible and pre-determined procedures when difficulties arose.
