Have you seen HSG179 - Health and Safety in Swimming Pools: http://www.hse.gov.uk/pubns/priced/hsg179.pdf? See paras 15 - 41 in particular. LB

Safeglo, I have some sympathy with both you and your ‘employer’. The troubles is that HSE ACoPs/guidance do not always have an easy ‘fit’ with all scenarios. The requirements for lifeguards and supervision at ‘municipal’ or large ‘public’ baths are generally a lot more clear cut and well established, but are less so for the sort of scenario that you describe and are faced with. I have been to any number of pools at hotels, small clubs, holiday cottage complexes etc where there are no lifeguards, and no visible supervision. Some may have had CCTV (I can‘t believe that these could possibly have been constantly monitored), some didn’t. The standard guidance is 179, personally, I don’t think paras 15 - 41 are of any great help in what you are looking at and I think you need to be looking down at 131 onwards, and in particular the flow chart on page 63, which should help to shed some light, and provide some support for your conclusions. Don’t be afraid to accept that you might have got it wrong (I aren’t saying you have) and be prepared to re-evaluate your assessment and suggest alternative arrangements that would satisfy the findings of the assessment and meet the guidance. The ISRM also provide further guidance on swimming pool safety, although IMO they tend to be slightly less ’flexible’ in their approach. Pools are generally run on the basis of NOPs (Normal operating procedures) the normal day to day operational procedures, and EAPs (Emergency Actions Plans), what to do when things ’go wrong’. Hope that helps

Its difficult being a consultant but having been on both sides of the fence (eho and consultant) if you put your name on the risk assessment the client is transferring the risk to you ... perhaps providing a draft for him to sign off.. may assist him and help to lever some of the legal responsibility you personally take on..over to him .. With regard to the Risk assessment don't forget that its just part of the EAP and NOP these should be in place completed with regard to the ISRM guidance and good old HSG 174... Please note that there is still the overriding section3 duty to non employees which still comes into play and it will be in the event of an incident for you as the risk assessor to explain why you did not feel that hsg 174 (using this as evidence of accepted management systems) should be followed...and what reasonable and practicable controls were put into place against this known and established risk. its your call but sometimes clients that sail close to the wind are not worth having... I attach an article with regard to a fatality in a pool in north wales - from fridays press release- the case as i understand hinges on the general management practices on site in an unsupervised pool and is being taken under section 3 - perhaps this may focus the attention of the client. There are no absolutes ( unless you refer to machine guarding with safety thus as consultants we live by interpreting the grey, I would however go through the operation of the pool chemical balance ae.g turbidity/ ph/ breakpoint chlorination/ salts etc.. maintenance and clarity before i would even start to compile the risk assessment. If he can't manage the chemical balance of pool water how's he expected to manage an unsupervised pool - please please don't rely on CCTV and if the pool over 1.5 deep consider a static movement alarm, what alarm systems does he have poolside, more importantly what was the previous EHO safety visits recommendation- as a new pool has it had one yet.? Check as well that the PPO ( pool plant operator is on the register now held by the ISRM..) - don't forget the section 7 responsibility for acts and ommissions as a director your client is an employee and there is reasonable case law to make it clear that the focus will come back to him......Sometimes you just have to stick to your guns. best of luck................................................................................................................................... THE operators of Talacre Beach Caravan Park where a girl drowned have been charged with two health and safety offences. Eight-year-old Seojin Kim, died while on holiday with her family at Talacre Beach Caravan Park. She was said to have got into difficulties in a swimming pool on the site in October 2010. Seojin, from Harborne, Birmingham, was pronounced dead at Ysbyty Glan Clwyd in Bodelwyddan. A joint investigation was launched by police and environmental health officers from Flintshire council. Plas Coch Holiday Homes Ltd, formerly known as Talacre Beach Caravan Sales Ltd, were due to appear in court yesterday in a prosecution brought by the council. But by agreement the case was administratively adjourned until January with no appearance by the parties. One charge alleges that the company failed to discharge a duty under The Health and Safety Act to ensure, as far as reasonably practicable, that people not in its employment were not exposed to the risk of drowning or other injury. The second charge alleges that the company failed to make sufficient assessment of the health and safety risks associated with the management and operation of the swimming pool. hope this helps in your dilema

i would say that common sense to most people would say that a swimming pool needs supervision, sounds like he is just trying to save pennies, what would he lose if someone died in the pool. an article in my local paper today (flintshire evening leader) there is a story about girl of 8 drowns after getting into difficulties, the owners plas coch holiday homes formally known as talacre beach caravan sales ltd are being charged with:- one charge alleges the company failed to discharge a duty of care under the H&S act to ensure, as far as reasonably practicable, that people not in its employment including the girl, were not exposed to the risk of drowning or other injury. the second charge alleges the company failed to make sufficient assessments of the h&s risks associated with the management and operation of the swimming pool. i am new to the health and safety game but i would have thought that drowing would come up on the risk assessment and the safest choice would be permanent lifeguards. even if one person is in the pool, they could have a heart attack. i take 3-4 kids to the pool sometimes, who can all swim but you cant always watch them all, i would not go to a pool where there was no lifeguard.

Hi, Section 193 of Managing Health and Safety in Swimming Pools (HSG179) states: ‘Whenever the pool is in use, a member of staff will need to be designated as ‘on call’ to respond immediately to the alarm and deal with any emergency. It is essential that such staff are trained in pool rescue, CPR techniques and first aid. The Swimming Teachers Association (www.sta.co.uk) have a 14 hour ‘Pool Attendant’ course that is designed to train pool rescuers in these techniques. It is extensively used throughout the leisure industry by a variety of private leisure clubs, Hotels etc. Regards Dave