Rank: New forum user 
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Hi "The British and European safety standard BSEN1176 and the Health and Safety Executive recommend that all play areas have at least one inspection every year from an indepedent suitably qualified body."
Could someone please confirm if this statement is correct? Is this a legal requirement or only guidance? What happens if an organization have isnpections in place completed by competent persons, but not by independent qualified body? Thanks in advance
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Rank: Super forum user
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There is no specific legislation relating to children’s play areas. There is a duty of care based on Sections 3 and 4 of the Health and Safety at Work Act. These describes an employer’s general responsibilities for nonemployees interacting with their business eg a children’s play area. There is nothing as specific as requiring an inspection or when that should be carried out or by whom. The essential of the duty is to ensure people are safe so far as reasonably practicable. Section 40 of the Act makes it clear that is the responsibility of the employer to demonstrate that what ever they do, does ensure people’s safety so far as reasonably practicable. That is where guidance and standards come in. They point to what is reasonably practicable. You can also see this short guidance note from the HSE for an overview.
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Rank: Super forum user
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Hi Vera You have provided a quote which purports to say what a BS and HSE say. I haven't a clue what the BS says but I imagine that it defines the type of play area that falls within scope. So, may be a Council playground, may be a play area in a nursery setting, but very unlikely to include every place used for "play". I also doubt that HSE has said anything like what is asserted in the quote. Did find this on the HSE website (assuming both links will work) Children's play and leisure - HSE
Takes you to a separate word document. Microsoft Word - Document2 As AK indicates it is up to the duty holder to make decisions as to what they think are reasonably practicable precautions and, if it were to come to the crunch in Court, to prove on the balance of probabilities that they have done what met that legal standard. On the assumption that some level of inspection would be appropriate, then identifying who might be competent to do the inspections would depend on the nature of the site and its facilities.
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