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Posted By Mir-cat
I am trying to ascertain what (if any) specific legislation and regulations apply to areas used as a 'club'. I have 'googled' myself silly with every variation I can think of but all that seems to come up is the licensing laws (which is not applicable).
I am trying to establish what regulations should be in place and enforced for heatlh & safety - as it is a club it does not have 'employees' but surely there must be some specific regulations as it holds club members who would need to be safeguarded. As it is a rifle club (air and small bore) they have all the relevant gun safety rules in place but they seem to be totally unaware of all other possibilities. As it is a hired not owned range what is their duty of care and what the owners? etc etc.
Please help as it is now driving me mad trying to find out!!
Thanks in advance
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Posted By Brian Hagyard
Mir-cat.
Are there definitely no employees - no cleaners or bar staff etc?
If you can clearly state no then health and safety AT WORK legislation will not apply. The controlling body (committee/trustees etc) will still have a civil duty to the members so things like electrical safety, slip and trip prevention etc, will still be important.
I know this may sound confusing but to try and illustrate what I mean In the past I have been both the Diving Officer for a SCUBA club with know employees and a Professional Diving Instructor with a school. While I undertook diving activities in the same way it was only as a professional instructor that I needed written risk assessments etc. Some years after I left the club they decided to employee a cleaner and a bar person and not just ask the members to do these tasks voluntarily. s such they immediately became employers and all the requirements of health and safety legislation applied.
Brian
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Posted By Kevin Coghill
Do you need to hold any specific insurance certs - such as PL? If so then you can work on the basis that from a civil perspective you would be as well to apply the H&S law as if you were an "undertaking" and therefore subject to the criminal legal system that makes up our H&S laws. This is because IF you had a claim via your insurance then the documentation would/could be requested, such as risk assessments etc. It is therefore better to be prepared as they say!
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Posted By Mir-cat
Thanks guys,
There are definitely no staff, all voluntary, but I think they do have PL insurance - I think it would be a must in a gun club with the potential for fatality should there be a mistake, so yes there should be an "undertaking" I guess.
I wonder what happens in other places like British Legion clubs, working mens clubs, Conservative/Labour clubs etc.
Any one out there belong to any of these who could shed some light?
Thanks again
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Posted By Brian Hagyard
Mir-cat.
In my experience all the examples you have just given employ staff, usually cleaners, a steward bar staff etc, so they are places of employment, and the work activity's of the employees can affect the members safety, so in these cases the H&S legislation applies. The requirement for documented policies etc is based on number of employees just like any workplace - but I would always recommend to any such club that they have policies so that the committee appreciate they are employers with specific duties - unless these are clearly set out in the clubs constitution.
Brian
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Posted By Andrea Porter Have you tried the website of the British Association for Shooting and Conservation (BASC)? In their codes of practice section they have advice for clubs and syndicates on risk assessments and H&S policies: www.basc.org.uk
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Posted By Stupendous Man
The way I read Mir-cat's posting is that the range is rented by the club in the same way that a badmington club may rent the hall of a sports centre.
If this assumption is true then it is likely that the club will have no employees as any reception staff or cleaners will be employed by the ranges' owner.
The owner of the range will be responsible for risk assessments for his (or her) employees and the premises.
It would be good practice for the club to carry out their own risk assessment too, particularly if they intend to invite guests or hold competitions etc.
If the club is a member of a recognised association, PL insurance is often automatically available as part of the membership.
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Posted By Kevin Coghill
My point regarding the PL insurance was as a process of highlighting that the club should carry out risk assessments etc. as if they were an undertaking.
This is because in the event of a PL claim, all of this associated documentation will be asked for by the claimants solicitor. No risk assessments (especially for a gun/rifle club) could seriously prejudice the case against the club.
Think of it not as H&S but as good risk management if it helps. How do we demonstrate to "the outside" that we are minimising risk, well we carry out risk assessments.
Its the duty of care principle that is being applied.
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Posted By Mir-cat
Thanks to all for your suggestions. I did realise, after I posted, that the examples I used would employ staff but hoped that there may be some other options - so thanks for those too.
I will try the BASC and also the NRA (National Rifle Association).
I was about the welfare provisions etc as well as the RA and insurances, and I won't even mention the DDA (I don't think they have considered that one!!).
Thanks again to all - hopefully this will assist them
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