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#1 Posted : 30 November 2005 12:13:00(UTC)
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Posted By bigwhistle Have been asked to look after Safety of a large club does anyone know whether sports clubs have any exemptions for manual handling or work at height?
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#2 Posted : 30 November 2005 12:27:00(UTC)
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Posted By Robert Paterson Hi I can't remember it's full title but I think there is legislation with regard to places of sport. Try search in google for places of sport regulations. I would imagine that the rest of legislation - fire, first aid etc. may apply. Regards Robert Paterson
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#3 Posted : 30 November 2005 12:41:00(UTC)
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Posted By J Knight Isn't this a 'without prejudice to the nature of their undertaking' bit? The specific regs governing sport are mainly to do with fire safety, but risks inherent to the sport itslef should be OK providde they are managed properly. Can't imagine exemptions from WAHR or MHOR though (to mention your specific examples) applying to Judo in particular, John
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#4 Posted : 30 November 2005 13:04:00(UTC)
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Posted By Mark B Sporting activities are not generally controlled by safety legislation as they are in most cases not at work. This may be different for any coach/instructor. Is this an adult club? If so then there is an acceptance of the inherent risks of this activity. These inherent risks however, need to be made clear to those involved/interested. If children are involved do they have parental consent? Main issues to consider are: - what is the competency of the coach/instructor? Is adequate insurance in place? Are the instructor to student ratios being followed? What are the first aid arrangements and emergency procedures? Is all equipment i.e. mats of a suitable and sufficient nature? What are the arrangements for novices? Is the venue suitable and are the club familiar with the venues procedures. Are there any medical conditions that would exclude persons from being involved? If so how are these checked? For more information contact the British Judo Association at www.britishjudo.org.uk Hope this helps. Regards, Mark
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#5 Posted : 30 November 2005 13:23:00(UTC)
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Posted By bigwhistle Thanks Mark but surely if the club charges fees and makes a profit they are at work?
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#6 Posted : 30 November 2005 13:42:00(UTC)
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Posted By Mark B Hi, As I said the instructor may well be classed as at work, not the students. The duties to the students, in this type of situation are mainly under common law duty of care, as apposed to health and safety legislation. What is the level of risk to an instructor? I would suggest that due to their level of training, experience, conditioning and adequate warm up etc that it would be slight. As always risk assessment is the way to go. Regards, Mark
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#7 Posted : 30 November 2005 14:31:00(UTC)
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Posted By bigwhistle Mark sorry to drone on but doesnt section 3 HSWA apply then to the visitors ie the judogi other than the coach?
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#8 Posted : 30 November 2005 15:11:00(UTC)
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Posted By Mark B Hi, No problem about the drone! I suppose that section 3 is a possibility, although I am not aware of any club of this type being found guilty of an offence under the act. What I would look at is where are any potential claims/prosecution going to come from, the HSE etc under the act or regulations? In my opinion this is doubtful. Or from people claiming compensation for negligence under duty of care etc? In my experience with sporting clubs, this is the only route ever taken. I think that the difference is in the fact that all instructors and students are willing participants, and have an acceptance of the inherent risks involved in the activity (Volenti non fit injuria). Problems then arise when something goes wrong that is seen as preventable/negligent. I think the fact that sporting injuries (I believe) are not reportable under RIDDOR seems to suggest that these types of activity do not fall under safety legislation. Hope this helps in some way. Regards, Mark
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#9 Posted : 30 November 2005 15:24:00(UTC)
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Posted By Rachel West I'm not sure there is a great risk to the Judo a gi during the activity at all to be honest. Although it could rip... The judoka may experience a few risks though! Also: do the Work at Height Regs apply to anyone pulling off a particularly good ippon seo nage on the instructor? Sorry. couldn't help myself.....
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#10 Posted : 30 November 2005 16:44:00(UTC)
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Posted By Brian Hagyard Bigwhistle. I would agree with you that section 3 applies if the instructors are paid, as would some parts of the Management of Health and Safety at Work Regulations 1999. In support of this I would use the examples of Ridding Schools and SCUBA Schools, the latter are actually covered by their own regulations and ACOP, (Recreational Diving projects – Diving at Work Regulations 1997). Local Authorities/HSE get regular RIDDOR reports (regulation 3 (c)) in these activities. While accidents can occur I would suggest the test would be if a students ability has been adequately accounted for, which usually means some form of lesson plan. If the instructor is a volunteer and any moneys paid are for club purposes only (e.g. hire of room, purchase of equipment) etc then the legislation will not apply. Again the example I would pick would be British Sub Aqua Club(s) activities are not covered by The Diving at Work Regulations 1997. As for exemptions for sporting activities, the only one I am known is a climbing instructor being exempt from the Work at Height Regulations 2005. They still have to comply with general principles of HASAW etc. Hope this helps. Brian.
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#11 Posted : 01 December 2005 14:24:00(UTC)
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Posted By bigwhistle Thx to all- my apologies for the confusion regarding the kimono and the combatants.
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