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ottercops  
#1 Posted : 13 February 2017 11:06:04(UTC)
Rank: New forum user
ottercops

I am struggling to find any information other that genral health and saftey with regards to water features.

Basically I am having to complete a report with regards to not "filing in" a water feature - sorry I cant attach a photo but basically its a large raised area , water is 60 cm deep and a water fountain the middle, the out side of the water feature people can sit on this, there are warning signs , updated risk assessment , no accidents in the last 5 years.

so the report is for management who want to either put a fence up ( creating differents hazards) or fill in the area .

Coudl any one point me in the correct direction to any leglislation I cant seem to see anything may be I am looking too much?.

My opinion is to leave it as it is , it is looked after correctly ......I woudl be greatful for any opinions.

Thank you

WatsonD  
#2 Posted : 13 February 2017 11:30:32(UTC)
Rank: Super forum user
WatsonD

Hi ottercops,

You wont find specific information on this. The risks are there to be evaluated: drowining, legionnaires, etc. but by the sounds of things you already have warning signs and as you have had no accidents then I see no reason why you would fence it in. Getting rid of it would be a cost aesthetic decision and it looks as though you want to ensure H&S doeasn't become the scapegoat for this.

Are you looking for reasons to leave it?  In which case, gatherng colleagues support for this feature as a nice addition to the workplace - perhaps by a survey -  may be a better way to influence managers opinions.

Roundtuit  
#3 Posted : 13 February 2017 11:32:30(UTC)
Rank: Super forum user
Roundtuit

Can the general public and therefore toddlers access the feature? e.g. adjacent to public footpath

Can the un-invited access the feature? e.g. poor perimeter fencing to keep out local "youths"

Is it an open feature or protected by safety (as opposed to fish protection) netting?

There is likely minimal specific legislation and considerations will be down to your Risk Assessment 

Roundtuit  
#4 Posted : 13 February 2017 11:32:30(UTC)
Rank: Super forum user
Roundtuit

Can the general public and therefore toddlers access the feature? e.g. adjacent to public footpath

Can the un-invited access the feature? e.g. poor perimeter fencing to keep out local "youths"

Is it an open feature or protected by safety (as opposed to fish protection) netting?

There is likely minimal specific legislation and considerations will be down to your Risk Assessment 

peter gotch  
#5 Posted : 13 February 2017 13:18:20(UTC)
Rank: Super forum user
peter gotch

Ottercops

General principle that occupier's liability does not generally extend to a common law duty of care to protect against obvious natural hazards, or to artificial hazards that are akin to a natural hazard.

Unless there's something particularly unusual - Tomlinson v Congleton Borough Council.

....though in practice, where we specifically increase the risk or population at risk, e.g. by creating national cycle routes alongside watercourses, then sometimes a precautionary approach has been adopted. But for example, there are only short stretches of towpath on the Forth and Clyde Canal where guard-railing has been erected between path and canal, particularly in Glasgow City Centre, where former whisky warehousing has been developed as leisure and housing.

gerrysharpe  
#6 Posted : 13 February 2017 19:39:48(UTC)
Rank: Super forum user
gerrysharpe

Something tells me your doing an NCRQ Assignment ??

Saintrob1  
#7 Posted : 14 August 2020 15:51:28(UTC)
Rank: New forum user
Saintrob1

Originally Posted by: ottercops Go to Quoted Post

I am struggling to find any information other that genral health and saftey with regards to water features.

Basically I am having to complete a report with regards to not "filing in" a water feature - sorry I cant attach a photo but basically its a large raised area , water is 60 cm deep and a water fountain the middle, the out side of the water feature people can sit on this, there are warning signs , updated risk assessment , no accidents in the last 5 years.

so the report is for management who want to either put a fence up ( creating differents hazards) or fill in the area .

Coudl any one point me in the correct direction to any leglislation I cant seem to see anything may be I am looking too much?.

My opinion is to leave it as it is , it is looked after correctly ......I woudl be greatful for any opinions.

Thank you

peter gotch  
#8 Posted : 14 August 2020 16:08:01(UTC)
Rank: Super forum user
peter gotch

Saintrob1 - not sure why you have resurrected this post 3 years later, but the case law was discussed very recently at

http://forum.iosh.co.uk/posts/t130346-Terror-after-girl-falls-100ft-down-Llanberis-waterfall

All else being equal, I would also probably leave it as it is.

It's got amenity value and the hazards are obvious. Put in lots of small children with some valid reason why they wouldn't be supervised, then may be a different scenario.

Saintrob1  
#9 Posted : 14 August 2020 16:11:02(UTC)
Rank: New forum user
Saintrob1

did you find an answer for the water feature??

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