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njfeathe85  
#1 Posted : 31 March 2019 08:02:57(UTC)
Rank: New forum user
njfeathe85

Good Morning, this is my first time posting on IOSH so hoping I have chosen the correct forum to post in. I have recently sat my NEBOSH GC exams so I am more aware of H&S than I ever have been before, admittedly this makes me quite keen to do the right thing as there are things I am aware of now!

Alongside my day job in events I am also working on a project as a volunteer for a one off live music event for an organisation.  The organisation is run by three individuals and has a number of contractors and volunteers helping to pull the event together.  The event is expected to attract around 750 people.

So my observations & questions -

1. Due to the fact there are only 3 employees of the organisation, health and safety policy and risk assessments are not required to be recorded and written down.  However, does this change in this scenario where an event with members of the public, contractors, volunteers etc are in attendance?

2. Regardless of the number of employees, I feel it would show due diligence to at the very least have a Safety Plan (following CDM regs and detailing emergency show stop procedures, welfare information and competent person information).  In addition I feel it would be better to record the risk assessments and have them in the file as well.  Would you agree?

3. Within the events industry, specifically when loading in/out and during the setting up of marquees, stages, exhibitions etc the minumum PPE required is usually protective footwear, gloves and hi vis vest. 

For our event, any contractors and their subsequent employees would be wearing PPE provided by their own employers, but I have been researching information regarding PPE for volunteers and have found the information to be very scarce. 

HSE Guidance for PPE (L25) says (in reference to application to non - employees "Although these regulations do not apply to people who are not employees, for example voluntary workers, children while in school, students at university and visitors to worksites; there is provision within section 3 of the HSW Act that requires every employer to ensure, so far as is reasonably practicable, that persons not in their employment but who may be affected by the work are not exposed to risks to their health and safety. If employers are required to provide PPE to comply with a section 3 duty, by following the requirements of these regulations they are likely to do so, for example having a stock of hard hats, hi-vis jackets or disposable overalls for the use of visitors. The regulations do apply to trainees and students on work experience programmes".

The risk assessments will certainly flag up manual handling hazards that can lead to injuries to hands and feet by dropping equipment or falling objects during the unloading of vehicles etc before erection begins.

Therfore, in order to comply with section 3, am I correct in thinking that some PPE provision should be made in this instance?  Or is it ok, to ask the volunteers to provide their own PPE in order to be involved?  Referring to the above quote from L25, the computation between the risk of a volunteer hurting themselves and the cost of providing steel toe cap footwear is relatively low and would therefore be reasonabily practicible, however when you multiply that up and start to have 20/30 volunteers all helping, it would get quite expensive and would not be reasonabily practicible.  What are your thoughts?

Thank you in advance and I look forward to replies.

westonphil  
#2 Posted : 31 March 2019 10:22:54(UTC)
Rank: Super forum user
westonphil

http://www.hse.gov.uk/event-safety/

Regards

njfeathe85  
#3 Posted : 31 March 2019 11:01:33(UTC)
Rank: New forum user
njfeathe85

Thank you @westonphil I have found that site already. It doesn’t particularly shed any light on the volunteer ppe quandary!
Dave5705  
#4 Posted : 01 April 2019 06:27:17(UTC)
Rank: Super forum user
Dave5705

Hi, and welcome. Congrats on your achievement.

I think you need to look at this from a different angle. You should be thinking about liability too. Rather than asking 'what is the minimum I can get away with' ask yourself what kind of an event are you running, what sort of organisational reputation do you wish to demonstrate, and would you want to volunteer for this organisation under those circumstances?

Volunteers have the right to expect a similar level of H&S protection as an employee.

Why would you NOT WANT to write a safety plan and record risk assessments for an event where you have a duty of care to 750 people? That is not a small undertaking!

HSWA does require you to protect everyone who may be affected by your undertaking, and there is occupiers liability to consider. There is no reason why you cannot ask people to provide boots for example, as long as you instruct them on the specification needed, and maybe buy a selection of low cost safety boots in a range of sizes for others to borrow. 

What you can't do is ask people to do things which put them in danger, stage erection is a construction task for example, persons doing it need to be qualified etc. Normal CDM regs would apply there. It's not a job for volunteers.

You should risk assess the whole event, write down all the significant findings, and then meet with your working party, (appoint responsible persons to the main roles) to discuss how you are going to control the risks to everyone involved in whatever role. In those areas where the hazard requires PPE as risk control, everyone should have it.

Having it all written down will demonstrate you are taking it seriously. If you have any more specific questions, come back to us, there will be someone on here knows the answer. This is a large event by the sounds of it. It should generate a considerable sum so it would be reasonable to expect a budget for H&S. Not wishing to offend but your post requires a much more comprehensive answer than the forum is really geared up to so we could only provide pointers. I am worried by the level of questions you are asking. Please make sure you are working within your capabilities (it may be advisable to call in someone with more experience to assist you) and consider in what capacity you are involved (professional indemnity?)

Hope it goes well.

Edited by user 01 April 2019 06:29:35(UTC)  | Reason: addition

njfeathe85  
#5 Posted : 01 April 2019 08:08:54(UTC)
Rank: New forum user
njfeathe85

Good morning Dave Thanks so much for your detailed reply, it is very much appreciated. I won’t be taking on this role, I am nowhere near experienced enough to do something like this, however what you have done is given me the backing to go to the person that needs sort it. While my questions may not have demonstrated it through the media of this forum, everything you have said was in my mind to start with. You have quashed the biggest points and provided me with a counter argument to the obvious things others would come up with. The main thought for me all along has been down the civil route and doing all those things certainly helps on that front, as well as it being the right thing to do. Thanks very much, much appreciated. Also, I’m still a few weeks off of getting my results. A little knowledge is a dangerous thing, that is not something I’m willing to do, I’m still very much learning and will be for some time yet. Thanks again.
Dave5705  
#6 Posted : 01 April 2019 08:31:25(UTC)
Rank: Super forum user
Dave5705

You are very welcome. You have absolutely the right attitude and a humble approach, which will serve you well in my opinion. There are many many contributors to this forum with much more expertise than I, all of whom are happy to help if you need it.

Welcome again, and good luck with your results.

Dave

Messey  
#7 Posted : 01 April 2019 13:30:10(UTC)
Rank: Forum user
Messey

Just to add that the guidance provided to Fire safety Enforcers states- in relation to the definintion of an employee............

Employee’ – “means an individual who works under a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing), and related expressions are to be construed accordingly; see also sections 11(3)(a), 12(2) and 13(3) (which apply for the purposes of section 2);”10 [An express contract is one in which the terms are stated in words. An implied contract is one in which the existence and terms are manifested by conduct.]

A judgement may have to be made about ... “the status of volunteers, as in the case of many charitable organisations who use them to operate their shops and raise funds. Where such persons are involved a reasoned judgement should be made about whether there is a form of employment contract (written, oral or implied). It should be borne in mind that payment is not necessary for a contract to be valid. It is usual for there to be a form of recompense for a service provided but the form of recompense can vary significantly. Some volunteers may therefore need to be considered as employees.”11 In cases of doubt legal advice should be sought.

Where persons are termed an employee, they will be subject to all the relevant articles as they apply to employees.

jacquiburt  
#8 Posted : 04 April 2019 15:31:18(UTC)
Rank: New forum user
jacquiburt

You may also want to check out any licencing requirements with your local authority. From your brief description I think this even will require a public enterntainment licence (however I am not a licencing expert). If so, you are likley to be asked to provide health and safety documentation as part of the licencing process.

If you are erecting stages and marquees then CDM applies but you may also find you require a Section 89 permit from your local authority.

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