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#1 Posted : 14 February 2006 16:38:00(UTC)
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Posted By Sally
A group of our employees have asked if they can use one of the meeting rooms to workout to an exercise DVD at lunchtimes. Could we be held liable if one of these employees injures themselves during the workout?
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#2 Posted : 14 February 2006 19:23:00(UTC)
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Posted By RP
Is the risk less or more than that which they are normally exposed to??

What exersize do they intend to do?

What equip[ment will they use?

Will it become a spectator sport??

Please enlarge on your post
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#3 Posted : 14 February 2006 19:42:00(UTC)
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Posted By S P Walsh
HASAWA 74 states an employer should ensure the health and safety of their employees whilst at work. If this exercise is taking place during a lunch break they are not 'at work'.

But leaving that point aside if staff want to exercise to keep fit why can't they do it after work in their own time, why take on a risk which will have no direct benefit to the organisation?

May be a controversial view but its my view.
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#4 Posted : 14 February 2006 20:25:00(UTC)
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Posted By Bill Fisher
Sally

Given the urge to create a healthier workforce and taking recognition of the fact that exercise may actually create a more positive afternoon I would suggest you don't automatically say no.

As has been suggested, what is the DVD all about? Why not get the person who approached you to bring it in and you both have a go.

In doing so consider the surroundings, the people etc. - in other words do the risk assessment.

Where are you based? For example in Scotland there is a group, SHAW (http://www.shaw.uk.com/) who could offer advice) indeed they may be able to help you with a contact in England or ?

Regards
Bill
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#5 Posted : 15 February 2006 11:16:00(UTC)
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Posted By Sally
To enlarge, as requested, it would be a standard exercise dvd of the type many 'celebrities' are now producing with no equipment used. It would be displayed on a large screen and the furniture cleared out of the room to provide a suitable large space. as to whether it would be a spectator sport the answer is I hope not especially if I'm taking part!

It is, in fact, as part of our working towards SHAW awards that I'm hoping to be able to encourage this rather than just say no. I will contact them for advice.

I'm happy with the Risk Assessment of the room etc but my concern is whether we could be held liable if someone say pulled a muscle or fell and broke a wrist. My own opinion is no because this is not a work-activity nor in work time. we are just providing the room - but I want to sense check this with fellow professionals.
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#6 Posted : 15 February 2006 11:31:00(UTC)
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Posted By Robert.
How long is their lunchbreak? Will it allow time for changing and showering facilities, or is it light excercise? Will the room be fit (sorry) for use afterwards and not full of body odours
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#7 Posted : 15 February 2006 15:24:00(UTC)
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Posted By Roger Uncles
When is an employee at work??? What the HASAW does say is an employee is at work throughout the time when he is in the course of his employment. My view is that starts when he/she enters the site.
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#8 Posted : 15 February 2006 15:55:00(UTC)
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Posted By Bill Elliott
you should also consider contacting your insurers as this may be an issue under public liability.
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#9 Posted : 15 February 2006 18:07:00(UTC)
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Posted By Merv Newman
A number of multinationals, ie american companies, encourage employees to adopt a healthy lifestyle : running, jumping, over eighties nude leapfrog (sorry, old joke)and install fitness rooms in offices and factories or even running tracks.

Employees normally require medical approval and advice/training/supervision from a professional. Participating is totally voluntary and it is emphasised that the activity has nothing to do with work or their employment.

Should an injury occur, and I'm sure they do, then it could not be considered as arising from or related to work. In my humble opinion.

Merv
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#10 Posted : 17 February 2006 12:25:00(UTC)
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Posted By Fornhelper
The phrase 'volenti non fit injuria' springs to mind !!!

I would tend to have a quick look over the 'facilities'...make sure no obvious trip / slip hazards and let them get on with it !! Oh yes....and make sure the TV & DVD have been PAT tested :)

FH
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#11 Posted : 17 February 2006 13:20:00(UTC)
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Posted By Ron Hunter
I note that furniture etc is to be removed (and presumably put back again) to accomodate this exercise club. This is probably the area of most significant risk and liability for the employer! (also considering consequential impact of this furniture causing temporary obstructions, etc. Other than that, is the floor covering suitable for this activity. And yes, over time there will be a possible build up of stale sweat odour!
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