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Posted By Robert S Woods
In the case of an organisation, being run by a committee (golf club for instance), who would be prosecuted in the event of a breach of H&S legislation?
I’m sure there’s quite a well-known case where this happened can anyone recall it?
Thanks in advance.
Bob
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Posted By J M Punter
I'm not currently in a position to check it out - but in a past Local Authority job we always used to harp on to elected members about their duties under Section 37 of HASWA. I would imagine that the 'Golf Committee' etc would have the same duties (unless there is an 'owner' of the facility or such like). The law affords no defence to duty holders just because they are undertaking activities without financial gain.
The case of Armor v Skeen has a connection to Section 37, but as above, forgive my failing memory as I'm not in a position to fully research at present.
Hope this helps...
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Posted By Raymond Rapp
Robert,
I have looked into this area of H&S, indeed, I have contacted the HSE with a similar query. It appears there is not a simple unequivocal answer but here goes..
If the organisation (golf club) is an employer, then in principle it would be covered by HASWA. Who would be prosecuted for a breach of H&S partly depends on whether the the organisation is a company (defined under the companies act) or an institution etc.
In most, if not all cases, the Directors of the club would be liable as it is their duty to ensure legal compliance. These duties would be contained in HASWA and other sub-ordinate legislation.
I think the principle that should be adopted is to ensure that best practice H&S management is maintained at all times. Thereby insulating the organisation form any legal or civil liabilities. Incidentally, I am still researching golf course H&S management, so if you would like any more information please contact me direct. Also, I have a number of publications and articles at my disposal on the subject.
Regards
Ray
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Posted By Russ Peacey
Does anyone know who would be liable for prosecution in a Non-employing, volunteer run, comittee led organistion?
As the chairman of a cricket club, would I as chairman be ultimately liable, or would it be the comittee or club itself?
With the HASWA and PUWER etc not being applicable, what elements of Statute law, Civil Law and Case law cover this?
In particular, the problems we face are use of Self Powered work equipment (Tractor, Ride on Mower) and trespassing by kids.
Any help would be greatly appreciated.
Russ
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Posted By Raymond Rapp
Russ
Once again the principles relating to a cricket club are much the same as a golf club (non-profit) as opposed to a limited company. However, even if you only employ a barman or greenkeeper it is most probable that any liability would bethe same as any other employer i.e. HASWA would apply.
In effect the institution (club) would have to comply with statutory H&S law and provide such things as risk assessments etc. The law does not appear to make a clear distinction between those who are doing it for profit and those who are not.
To make matters more complicated many of the concepts are enshrined in case law, which is not 'set in stone' either. And assuming you have covered yourself there is still a liability in civil law. A solicitors dream!
Furthermore as a cricket club you are no doubt affiliated to a National Governing Body (NGB) who should be able to provide some basic H&S advice. There is also a a very good document entitled Safety in Sport - Guidance for UK NGBs written bt Dr C.W.Fuller (my university tutor) which explains many of the concepts you seek.
Regards
Ray
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Posted By Dave Daniel
Hi Robert - as a H&S Consultant and Vintage Car owner my Club had serious concerns about such matters.
You should note that apart from prosecutions, all club members bear an absolute liability for the civil negligence of the Club, so if you are faced with a claim which is not covered by or more than any insurance you may have, the Bailiffs will turn up to sieze money and goods from whatever members they can lay their hands on until the liability is covered. This is not done on an "equal share" basis! In your case the claimant might for example get ownership of the Golf Club or force you to sell it. If that wasn't enough, individual members might be at risk.
As a result we organised our club to become a company limited by guarantee, limiting the individual member's liability to £1 each. The Committee members then become Directors and share the responsibility of any other Director, although without any employees or premises the HASAWA has very little application to us.
Regards
Dave Daniel
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