Legislations and regulations in sport

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Legislations and regulations in sport

Over the past 30 years the sport industry has been increasingly effected by legislations and regulations to protect and ensure the safety of people involved in sport. These regulations apply to people in sport places and sports grounds. The regulations are not only in place to protect sportsmen but to also ensure the safety and equality of staff, spectators or anyone else involved in sports places.

The Health & Safety At Work Act 1974.

The law imposes a responsibility on the employer to ensure safety at work for all their employees.

Much of the law regarding safety in the work place can be found in the Health & Safety At Work Act 1974.

Employers have to take reasonable steps to ensure the health, safety and welfare of their employees at work.

Failure to do so could result in a criminal prosecution in the Magistrates Court or a Crown Court. Failure to ensure safe working practises could also lead to an employee suing for personal injury or in some cases the employer being prosecuted for corporate manslaughter.

As well as this legal responsibility, the employer also has an implied responsibility to take reasonable steps as far as they are able to ensure the health and safety of their employees is not put at risk. So an employer might be found liable for his actions or failure to act even if these are not written in law.

An employer should assess the level of risk as against the cost of eliminating that risk in deciding whether they have taken reasonable steps as far as they are able.

The employer's responsibility to the employee might include a duty to provide safe plant and machinery and safe premises, a safe system of work and competent trained and supervised staff. Certain groups of employees may require more care and supervision than others, for example disabled workers, pregnant workers, illiterate workers etc.

The employer must consult either directly with their employees or through an elected representative on health and safety matters. If there is a recognised union with an appointed safety representative they must consult with them and allow them time off for training in health and safety issues.

Usually the employer's responsibility is only to his or her own employees and premises; however, the responsibility can be extended in some circumstances.

It is always advisable for employers to have a written code of conduct, rules regarding training & supervision, and rules on safety procedures. This should include information on basic health and safety requirements. Leaflets and posters giving warnings of hazards are always advisable.

In any event an employer must establish a health and safety policy if they employ five or more workers. Where there is a recognised trade union in the workplace, which has appointed a safety representative that person must be consulted when drawing up the safety policy.

Also the management of Health & Safety At Work Regulations 1992 requires an employer to carry out a risk assessment of the work place and put in place appropriate control measures.

The Health and Safety at Work Act 1974 established the Health and Safety Commission and the Health and Safety Executive. The Commission is responsible for advising and authorising research and suggestions on putting into effect the provisions made in the Health and Safety at Work Act, as well as suggestions for passing regulations to support the provisions in the Health and Safety at Work Act and issuing codes of practice. The Executive is responsible for providing information and advice to government ministers and to investigate breaches.

Health and Safety (First Aid) Regulations 1981

This Regulation defines First Aid at Work. It places a general obligation on employers to make adequate provision in the event that someone becomes ill or injured at work. The Regulation does not specify a minimum ratio of staff to First Aiders.

Management of Health and Safety at Work Regulations 1992

A major piece of EC legislation, which became effective on 1 January 1993. It forms part of what is commonly referred to as the 'European 6-pack'. It contains 12 specific Regulations covering: Risk Assessment; Health and Safety Arrangements and Assistance; Health Surveillance; Danger Procedures; Information for Employees - their Duties, Capabilities and Training; advice on Co-operation and Co-ordination and for persons working in host employers undertakings. One of the main conditions requires that all employers conduct a Risk Assessment and that this should be formally recorded where there are 5 or more employees. The outcome of the Risk Assessment will identify areas covered by other Regulations, such as…

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Personal Protective Equipment Regulations 1992

Part of the EC 6-pack, became effective on 1 January 1993. It requires that individual protection is provided for any staff required to use potentially hazardous equipment or work in hazardous areas. The use of PPE should only be considered where danger cannot be controlled or modified by any other means - employers should consider it a final resort and not the first, cheapest option. It covers the provision of items such as protective boots, gloves, eye guards, etc.

Reporting of Injuries, Diseases and Dangerous Occurrence Regulations (RIDDOR) 1995

These Regulations require that any major ...

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