Good Evening All,

I have an unusual query however I'm sure someone on here will have the answer!

Our company are planning on installing a gym for employees free of charge which they can use out of hours or on their lunch break - everyone will receive a key fob to allow access to that part of the building only. The gym isn't operating as a business etc; it is just being installed as a benefit for employees.

My qustion is regarding the H&S responsibilities the company would have for this? My primary concern is health/injury related and the threat of Negligance being persued if anything was to happen to someone when using the gym. However, nobody using the gym will be 'at work' at the time and therefore most H&S legislation may not apply. It doesn't look like the gym will be supervised at any time either.

My initial ideas are carrying out inductions on the safe use of equipment (created by manufacturer's recommendations) and also implimenting a rule where nobody can use the gym alone, a minimum of two people must be present in case of emergencies. On top of this the equipment will be inspected periodically to ensure it is in safe condition.

Any advice you could provide on this would be greatly appreciated.​​​​​​​

Most companies that have an employee gym also invest in having visits from a personal trainer to do the inductions and help the individual to develop a training plan that will increase fitness without risk of injury.  Generally they pay for a couple of hours per week and it seems like a good investment to me.

I think the employee/non-employee at the time of exercise is a bit of a misnomer.  In your employ, not in your employ.  So what?  Operating the gym is now part of the parent business undertaking even if only an employee benefit.

There are risks, they need controls.  Frankly only becomes an issue when considering RIDDOR (and there is specific guidance out there about applying RIDDOR in leisure activities).

Fundamentally it comes down to a risk assessment based on what is in there and level of expected use (and their level of knowledge) and then implementing controls and checking that they're working as intended.  There is no clear HSE guidance in this field although the industry itself has a variety of informal standards.

So yeah, lone workout (double up, alarm call points etc.), equipment maintenance (manufacturer servicing on a regular schedule based upon use of equipment), instruction to users (induction or clear point of use information), monitoring (not necessarily supervision but going to need some level of checks to ensure that things are going the way you want them to - patrols/visits to see area kept tidy, machines in visually good order etc.), legal stuff (record keeping for services, clear disclaimer, liability acceptance for unsupervised exercise - check out the health committment statement for an example of how to proceed).

I actually think that workplace gyms are excellent (especially if made free to employees) and if well run, integrated and not the domain of an elite few, can contribute to significant workplace health improvements.

This has been discussed on the forum in the dim and distant past but it boils down to what is reasonable. The company cannot wash its hands completely of what happens in the gym but it, I don’t think, can be held totally responsible for what goes on in the gym. Firstly any equipment that they install must be suitable for the sort of unsupervised training people will be carrying out. It will need to be maintained and someone will have to ensure that the gym is kept tidy and it is included in fire alarm and evacuation etc procedures. Beyond that how the gym user use the equipment is down to them. There is no compulsion to use it and so they are volunteers. They are also in charge of what they do. If they were to be injured that would be their problem not the employers, unless there was some fault that business was aware of and did nothing to correct. These “rules” need to be made clear to the gym users.

I seem to remember employees suing employers over the use of a volleyball court in the late 1990s.  However, whether they can sue or not isn't really the point.  Consider the real likelihood of someone being injured (just a guess but probably very low) compared to the benfit.  It may be worth checking with gyms, GPs, A&E wards etc for what really goes on.  The fact that it is theorertically possible the business could be held responsible may not be a great reason not to do it in cases like this.  Sometimes it is better that the business just accepts the risk.

I'd like to thank everyone for their responses, it's greatly appreciated! It's great that some posters have had experience of similar scenarios in the past too. Obviously, my main concern is preventing injury and ill health arising from our employees using the gym and the last thing on my mind should be claims etc - but we all know how the world can be nowadays.

The gym itself will be relatively small - containing around 10 pieces of equipment. However, I plan to have a look at all the manufacturer's instructions which come with the equipment in order to compile some sort of easy to follow booklet which contains instructions on the safe use of all equipment in the gym. I am also thinking about processes for cleaning the equipment to reduce infection risks. The gym will form part of the main building so will include fire detection equipment and call points/emergency lighting etc.

The equipment maintenance/inspection part is slightly confusing however, I am unsure if it is sufficient for a competent employee to carry out checks on the equipoment (i.e. bolts are tight, belts are in good condition) and not the manufacturer themself as I can imagine they won't be cheap. I assume that if it was a functioning gym accessible to the public then manufacturer's inspections would by far be the preferred option but this is essentially a private gym inside a commercial property.

Xavier123, thanks for your response and I am currenly having a look into a health commitment statement. I have zero experience of H&S in gyms so this looks like a good place to start.

Thanks again everyone.

Sgallacher

As the proposed gym is apparently a concern of your employer, one of the design factors to include in your planning is compliance with The Equality Act 2010.  That is to say that the available equipment should be of  heights and weights compatible with the tallest male and smallest female users.

Ths relevant guidance is available in 'Ergonomics in Sports and Physical Activity' by T Reilly, Human Kinetics, 2010; it's available from Amazon online 

As you can understand, lack of provision for all users could lead to a bothersome claim which would turn out to be very expensive to redress after the gym has been designed and kitted out.

I would get them to complete an induction on the equipment so that they are aware of how to use it correctly, too many times people say they know but when you watch them use it they dont and likely to injure themselves.

Have worked as a fitness instructor and carried out inductions at a private firms gym (of similar size). They ensured that there was safety information on display and staff were required to complete a Health Questionnaire as well prior to being allowed to use the facility.

Employers still have a responsibility on the basis that they are providing the gym for their staff to use so would (like others have stated) need to check equipment or pay for the manufacturer to send a competent person to check and maintain (as part of rental agreement of equipment perhaps). If buying the equipment I would request the manufacturer/supplier sends someone who could go through the things to look for regarding wear and tear with a number of people that would be prepared to do it (daily, weekly, monthly checks). It will also need cleaning to ensure it works efficiently and correctly (minimises injury and failure of equipment).

As an instructor we would ensure the belts/chains were not damaged, cleaned, bolts tight, casing not cracked/damaged etc and any issues removed the equipement from use and reported to the technicain to come and fix (some things can be easy fix).