Rank: Forum user 
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Hi Guys. Here is one for your collective brains. My business is office based. So its fairly low risk, apart from our maintenance engineers.
We have a department that arranges events to improve employee engagement. Charity, sports etc As these events are not technically "At Work" would you carry out Risk Assessments I realise that some might suggest that the business is "Causing" them to be involved in the activity then it could be considered "At Work" but is there any support for the fact that they are not at work and are therefore not covered by legislation. Especially with the demise of L21 ACOP.
I look forward to your replies.
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Rank: Super forum user
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I tend to look at these types of issue from a liability standpoint rather than a legislative one. In my view if your staff are representing the company during the events you put on, (eg the XYZ & Co football team), and/or if the events are compulsory (ie no opt out), then the company could be wholly or partly liable for any injuries sustained and the injuries could be regarded as industrial injuries, meaning the company has to pay out. In this case I would expect some degree of risk assessment to be done by the organisers to ensure that appropriate precautions are taken to minimise the risks. If the company is allowing staff time off to undertake an event voluntarily, (eg to run a local marathon as an individual and not representing the company), then the need for a risk assessment is negligible/non existent. I would also look at who is insuring the event, the company or a third party. If it was the company then I am sure the insurers would expect some sort of assessment to be done also. This is just my view, others may differ.
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Rank: Forum user
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Thanks Chas.
I can give a more detailed scenario. We might arrange to do some low level painting and decorating at a local school. When the event is finished we might produce photos of the event. One of these might proudly show a young employee stood on a chair painting a door frame.
What if, she had fallen and received an injury which kept her from work for over 7 days.
I don't think it’s reportable because she is not at work.
Two questions:
Do you think it’s reportable?
Do you think the HSE/LA would investigate and therefore want to see a RA?
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Rank: Super forum user 
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Not sure the enforcing authorities would be chomping at the bit but if you arranged the event and she injured herself in the process you may well be found neglegent and end up getting sued.
The purpose of a risk assessment is to highlight the hazards and put controls in place to bring down the risk to an acceptable level.
I would carry one out;
A) to protect the participants
B) protect the company from liability
I certainly wouldn't let any legal requirement be the driving force.
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Rank: Super forum user
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dbs wrote:Thanks Chas.
I can give a more detailed scenario. We might arrange to do some low level painting and decorating at a local school. When the event is finished we might produce photos of the event. One of these might proudly show a young employee stood on a chair painting a door frame.
What if, she had fallen and received an injury which kept her from work for over 7 days.
I don't think it’s reportable because she is not at work.
Two questions:
Do you think it’s reportable?
Do you think the HSE/LA would investigate and therefore want to see a RA?
The point of risk assessment is not compliance with LA/ HSE requirements but to indentify those risks (under your control) that you can and should manage. As someone said the HSE/ LA wont be that bothered about this sort of incident but the person could sue ( should sue?) and it would be down to you to prove that this was not a work activity. When a boss comes up with a bright idea, it might take a certain amount of self-belief to turn down the opportunity to volunteer. In theory they might be volunteers but there could be the feeling that as work is organising it then work should be responsible for making sure it’s safe.
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Rank: Super forum user
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In terms of your scenario being work related I think much would depend on whether or not your staff could have opted out of the event, whether or not it is compulsory and whether or not it is done in work time. Many factors come in to play. In my opinion the accident could in some circumstances be seen as arising out of, or is in connection with work and therefore it could be potentially reportable. As others have said the liability/civil issues are probably more to worry about. If your company is organising an event Lawyers/loss adjusters and the like would expect you to have provided the correct equipment, instruction and training etc and would probably hold your company liable for any/all damages. The risk assessment process would identify the hazards and enable you to establish suitable control measures. Other opinions may differ.
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Rank: Forum user
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Thanks for taking the time to reply everyone.
I should add that you can all rest easy. The Risk Assessment was carried out and clearly stated that they were not to work at height. The reason for the Risk Assessment is always to prevent or reduce injury rather than the threat (No threat really) of legal action.
I am pleased to say that all our extramural activities are risk assessed but I am getting push back on who is supposed to supervise the activity to ensure the control measures are followed and that any emerging hazards are assessed accordingly. They are not competent and don't want to be trained to be competent.
They think that doing the risk assessment is sufficient.
PS, Still on the look out for answers to my two questions in my earlier post.
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