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#1 Posted : 18 May 2007 13:39:00(UTC)
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Posted By Clairey
Hi all,

I’m new to all this forum stuff so be kind.

I have completed my NEBOSH Certificate and Diploma in Health Safety and Environmental Management but have not really used them in a professional capacity yet. I’m a member of IOSH at Graduate level.

My query is this I have been asked by the underwater hockey club that I’m a member of to be their health and safety officer how do I stand with regards to insurance and from a legal standpoint as it would be on a voluntary basis.

My guess is that I would require my own insurance as I would be liable for the advice given and any services provided i.e. policies written etc.


Thanks

Claire
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#2 Posted : 18 May 2007 14:57:00(UTC)
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Posted By Paul Darby
Underwater hockey???? If you meet another safety advisor for underwater hockey I will be truly humbled!

You should have entitled your post "Underwater hockey" you would have received thousands of replies!

As for the issue of liability, unfortunately it is complex. I have been in your situation before and decided not to proceed with advice as the whole professional indemnity thing got very deep, and as I re-call I needed to be trading as a company, not just an individual, on a voluntary basis, helping out.

It would be interesting to hear if anyone else has been in this situation?... and I don't mean regarding underwater hockey!
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#3 Posted : 18 May 2007 15:47:00(UTC)
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Posted By Descarte
I used to play Octopush (underwater hockey) at university in Bangor, and am now a safety advisor, is that close enough?

Although I must admit, I do not specialise in underwater hockey risk assessments.
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#4 Posted : 18 May 2007 16:16:00(UTC)
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Posted By holmezy
Claire (y)

have been in a similar position with a rugby club. I was willing to offer advise under the proviso that it was purely that, and that I was doing so as an active member of the club, in the best interests etc, and was covered by their insurance if need be.

Whereas it sounds quite a vulnerable position, providing you get as much "free" guidance from HSE website there shouldn't be too many situations that you can't have an input to. I presume you have an active knowledge of the sport? Alot of it is common sense in terms of what you shouldn't do or what controls you need to take for other non sporting activities, but this of course will depend on size, location, clubhouse, meeting place etc.

Others will probably disagree and suggest you need £10 million public liability insurance, but not necesary in my view.

Holmezy
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#5 Posted : 18 May 2007 16:32:00(UTC)
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Posted By Paul Darby
Out of interest, exactly what are you advising on? Because if it is general advice to the hockey team, I don't see the HSWA74 or the Management regs applying there, as they are not employed by "the team".

Civil law may apply, but I am not sure what legal obligations the team has. The owner or occupier of the swimming pool or premises certainly has legal obligations, and may need to risk assess the activities taking place there, but "the team" is a little more questionable.

I would be interested in any thoughts on this view?
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#6 Posted : 18 May 2007 16:44:00(UTC)
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Posted By Philip Harrison
I played octopush when I was a memebr of my local diving club, now I am a health and safety officer. Is that close enough
Regards
PH
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#7 Posted : 07 June 2007 16:43:00(UTC)
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Posted By Clairey
Hi All,

Thank you for all your comments I didn't expect anyone to know what underwater hockey was never mind some who have played.

I spoke to HSE and seems I would be liable for any advise as if I were an employee of the club. I will have to find out what their insurance covers and what cost my own would be!

I'm still unsure of what to do as really want to help out but don't want to get out of my depth(pardon the pun).

I guess I'll mull it over as don't have to decide for a while.

Thanks again for all your comments.

TTFN

Claire
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#8 Posted : 07 June 2007 17:01:00(UTC)
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Posted By DRB
If I were you I'd make sure I kept my head above water and didn't get in too deep!!!

Sorry but I couldn't resist it...
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#9 Posted : 07 June 2007 17:05:00(UTC)
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Posted By Rob T
Hi Claire,

Like Holmezy I have been asked by my Rugby Club to do the same thing for my club. Having investigated what that would mean I have basically been advised that I have no liability for the actual playing of the game itself as it's a voluntary sport with it's own tried and tested laws/rules i.e. no under 17's or under 18's in the front row etc.

This doesn't apply to the club house though! There you may run into specific liabilities.

Are you being asked to deal with fixtures and fittings, electricals, fire etc.?

On a lighter note - don't forget to insist that there's a no smoking sign on the bottom of the pool or you really will be in trouble!
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#10 Posted : 07 June 2007 17:51:00(UTC)
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Posted By David Bannister
Hi Claire, it seems to me that as a member of the club and presumably a participant in the sports, along with your qualifications and knowledge of H&S you are an ideal person for the role - hence their request!

If you supply your services on a voluntary basis you may find that the club's insurances will provide cover against your negligence. However if you take any fee then you are on your own. If your employer is a H&S consultancy they will (should?) have suitable arrangements in place. If you decide the self-employed route then you would be well advised to take out appropriate insurances.

In any event, what are you worried about? If you do a competent job then fine, the risks are dealt with. If you are incompetent then it is highly unlikely that you would be subject to individual action, provided you have not been grossly negligent.

As stated in previous posts, the primary duty of care is by the club to its users. If they breach that duty etc etc then they are liable. By appointing you as their competent H&S adviser they are attempting to discharge some of that duty.

Are you competent to do this? If you answer that question truthfully then you have your answer.

Final advice: too much water's bad for you.
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#11 Posted : 08 June 2007 14:57:00(UTC)
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Posted By Brian Hagyard
From yet another Ex- Octopush Player (Bradford BSAC branch in my case Bangor did not play while I was there - small world) who now works in H&S unless you are a profession club why do you need a safety officer? As others have said it is a civil duty of care to your fellow competitors. I would have thought you should have similar insurance to an amature golfer incase you injure some one.

Brian
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#12 Posted : 09 June 2007 09:49:00(UTC)
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Posted By Raymond Rapp
Claire

I have provided health and safety advice to my golf club on the basis that I do it purely as a member and without any fee. Therefore I do not need any insurance etc. If you wish to provide h&s advice as above there is no problem.

Incidentally, I do not have any personal golf insurance and I am covered by my club's indemnity. Why would I want to take out personal insurance - for a civil claim? I don't think so.

Ray
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#13 Posted : 11 June 2007 08:52:00(UTC)
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Posted By Brian Hagyard
Ray.

Congratulations on being a member on a forward thinking club - when I was a golf club member my clubs never indemnified me for injuring other golfers, or even members of the public on footpaths through or by the side of the course - I must admit I never had insurance either (I don't think may golfers actually do) on the premise that I had no money for anyone to sue me for anyway- but its always a risk. I still stand by my original posting though - Clairey in an Octopush Club what is the work activity for health and safety legislation to apply? Do you employ any stewards, are you organising spectators (don't remember it being a spectator sport when I played) if not then civil responsibility only.

Brian.
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#14 Posted : 11 June 2007 10:41:00(UTC)
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Posted By Raymond Rapp
Brian

Just for the record in over 20 years of playing golf I have never taken out insurance and all golfers should be covered by the club's indemnity. I know personal insurance is available but I cannot understand why anyone would want to take it up. Although willing to be enlightend.

Apologies to Claire for digressing.

Ray
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