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Legislation's, legal factors and regulatory bodies

This presentation discusses Legislation's, Legal factors and Regulatory bodies in relation to Outdoor and Adventurous activities/Assessing risk in sport
by

junaid khaliq

on 9 December 2014

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Transcript of Legislation's, legal factors and regulatory bodies

Health and Safety (First-aid) regulations (1981)
Requires that employers must have appropriate and adequate
equipment, facilities and personnel
to
provide first aid
to those who are injured (employees)
Manual Handling Operations Regulations (1992)
Apply to any situations where employees are
lifting, carrying
or
moving loads

Management of Health and Safety Regulations (1999)
Regulation came about to emphasise what employers were required to do to manage health and safety under the H and S at W act
Health and safety in sport
Health and Safety at Work Act (1974)
The most important piece of legislation is the
The Health and Safety at Work Act (1974)
Reasonably practicable
duty of employers to safeguard health, safety and welfare of workers and non workers
SIDE A
SIDE B
Know the
key factors
that
influence

health
and
safety
in
sport
Outdoor and Adventurous activities
THANK YOU!
Assessing risk in sport
Fire Safety and Safety of places of Sport Act (1987)
Brought into effect after the Popplewell inquiry
What is a legislation?
Law which has been produced by a governing body in order to regulate, to
authorise
, to
sanction
, to
grant
, to
declare
or to
restrict
Legal factors
Law -
the system of rules
which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the
imposition of penalties
Control of Substances Hazardous to health (COSHH, 2002)
Hazardous substances = all substances and mixtures of substances classified as
dangerous to health
.. i.e asthma, explosions, fire
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR, 1995)
RIDDOR
places a legal duty on employers, self employed people and people in control of premises to report ...
Legislative factors
Legal factors
Regulatory bodies
P1
P2
M1

1. It is illegal to die in the Houses of Parliament

2. It is an act of treason to place a postage stamp bearing the British monarch upside-down

3. In Liverpool, it is illegal for a woman to be topless except as a clerk in a tropical fish store

4. Mince pies cannot be eaten on Christmas Day

5. In Scotland, if someone knocks on your door and requires the use of your toilet, you must let them enter

6. In the UK a pregnant woman can legally relieve herself anywhere she wants, including in a policeman's helmet

7. The head of any dead whale found on the British coast automatically becomes the property of the King, and the tail of the Queen

8. It is illegal not to tell the tax man anything you do not want him to know, but legal not to tell him information you do not mind him knowing

9. It is illegal to enter the Houses of Parliament in a suit of armour

10. In the city of York it is legal to murder a Scotsman within the ancient city walls, but only if he is carrying a bow and arrow

Dumb laws
1. In Ohio, it is illegal to get a fish drunk

2. In Indonesia, the penalty for masturbation is decapitation

3. In Bahrain, a male doctor can only examine the genitals of a woman in the reflection of a mirror

4. In Switzerland, a man may not relieve himself standing up after 10pm

5. In Alabama, it is illegal to be blindfolded while driving a vehicle

6. In Florida, unmarried women who parachute on a Sunday could be jailed

7. In Vermont, women must obtain written permission from their husbands to wear false teeth

8. In Milan, it is a legal requirement to smile at all times, except funerals or hospital visits

9. In Japan, there is no age of consent

10. In France, it is illegal to name a pig Napoleon
A Bill is a proposed law which is introduced into Parliament. Once a Bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an ....
A Bill is a proposed law which is introduced into Parliament. Once a Bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an
A Bill is a proposed law which is introduced into Parliament. Once a Bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an
Secure health, safety and welfare of people at work
Duty towards employees to ensure their health and safety
Main principles:
The
general duties
that employers, self employed and those who control premises have towards their employees and others (customers/clients)
Protect people against risks to H & S from activities at work
Control handling and storage of dangerous substances
Control emission of noxious/offensive substances from premises
R and P = what can be expected to ensure safeguarding ...i.e using your
judgement
before taking course of action ..
consequences
Taking care of their own health and safety
Employees are responsible for:
Taking care of the health and safety of others who may be affected by their actions
Cooperating with the employer to ensure the requirements of the act are met
Not misusing equipment provided to maintain H and S
EXAMPLES???
Personal Protective Equipment (PPE, 2002)
Work related deaths
Major injuries or over three day injuries
Work related diseases
Dangerous occurences
Allows HSE to....
Follow up, report and check safety practices and operational procedures
Ensure a
standardised report form
is used
Allow officers from the HSE to advise organisations on prevention of further accident and illness
Allow investigation to
prosecute, prohibit
and make
improvements
where necessary
http://www.hse.gov.uk/riddor/report.htm
Covers all aspects concerned with the use of personal protective equipment (PPE)
Regulations require PPE (such as??) to be supplied and used at work wherever there are risks to workers health and safety that cannot be controlled in other ways
PPE has to be ..
Properly assessed
before use to ensure
suitability
for the work being done
Maintained and stored correctly
Supplied with
adequate instruction
as so users know how to use it safely
Worn
correctly
by the user
Substances
used directly
in work activities (adhesive, paints and cleaning agents .. sporting example?)
Substances
generated
during work activities (fumes from soldering and welding)
Natural occurring substances (grain dust)
Biological agents (bacteria and microorganisms found in
swimming pools
or
spas
)
Sports industry
.. cleaning fluids or chlorine .. swimming pools .. bacteriological testing is carried out regularly
Pool operator must carry out a COSHH assessment in order to
protect your workforce and visitors against health risks from hazardous substances used at work
. Once you have assessed the risks you will need to decide what
precautions
are necessary to prevent or control exposure. You will need to
record
or
monitor
the procedures and ensure that employees are
properly informed, trained and supervised
(Code of practice, Barnet council)
Regulations also state that an organisation must provide:
First aiders
and necessary training programmes
A first aid room
(detail on size, design and location)
First aid equipment
(first aid box) .. a list of controls and their locations and supplementary equipment (spine board and resuscitation kit)
List a people who have
received a certificate
to
perform
first aid
Sporting examples

?
Employers are required to
avoid
hazardous manual handling operations as far as
reasonably practicable

Major change =
risk assessments
States that employers should make suitable and sufficient assessment of risks to health and safety of employees whilst at work
Employers should:
Also major changes to employment of under 18's
Assess the risk of the young person before they begin employment
Introduce
control
measures to
eliminate/minimise
risk (reasonably practicable)
Consider
psychological and physical immaturity
,
inexperience
and
lack of awareness
of existing and potential risks
The act is in
5 main parts
Bradford city fire
Fire safety
The safety of stands at sports grounds
The safety of sports grounds
Indoor sports licenses
Miscellaneous and general section relating to fees and exemptions
http://www.rfu.com/managingrugby/clubdevelopment/legalandadmin/~/media/files/2009/clubdevelopment/risk_assessment_template.ashx
In Loco Parentis
When parents send a child to school or college they
delegate
their authority to the tutor (as far as necessary for the child's welfare and as far as reasonable to
maintain discipline
) .. both in the
interest
of the school and (most importantly) the individual
Negligence
When breaches of health and safety have occured and have resulted in injury of harm to another person or property
Adventurous activities licensing authority regulations (2004)
Regulations arose from tragedy at Lyme Bay (1993) where four teenagers died whilst kayaking
Duty of care
Everybody involved in sport has a 'duty of care' for the health and safety of others who may be
affected
by
their actions
Statutory
- Laws passed by the process of running a bill through the House and Senate, getting the required votes to pass it, and then having it signed into law by the Governor or President. For example, the right against self-incrimination is statutory law because it was written into the Fifth Amendment to the U.S. Constitution
Civil
- A large body of law that affects private citizens directly but does not include criminal law. It includes family law (divorce), tort law (negligence or wrongful act/omission causing death, personal injury, or property damage), probate law (handling the estate of someone who has died), labor law (anything having to do with the workplace), etc.
Case
- Rules or procedures that come about as the result of a court case that requires interpretation of statutory law. For example, the Miranda warning ("You have the right to remain silent, anything you say can be used against you in a court of law") came about as the result of Miranda v. Arizona, where the Supreme Court had to interpret the Fifth Amendment to the U.S. Constitution and ruled that anyone who is placed under arrest must be advised of their Constitutional rights against self-incrimination. So the right against self-incrimination is statutory, but the Miranda warning is the result of case law
Tutor supervising or accompanying a student on a school trip has
responsibility
for students health and safety and told to
act in loco parentis
Standard of care may vary on .. the type of activity, the age and maturity of the students and changing conditions
Event accelerated governmental discussions until the Activity Centres Act (1995)
Legal requirement for providers of certain adventure activities to undergo inspection of their safety management systems and become licensed
Licensing scheme only applies to those who offer activities to young people under the age of 18 and who operate these activities commercially
Expected to apply the standard of care as a 'reasonable parent'
Tutor taking a group away remians 'in loco parentis' for the
whole trip
!
If student suffers
injury
from
carelessness
or
lack of reasonable response
=
Negligence
http://www.bbc.co.uk/news/uk-england-19717837
Includes owners, event organisers, staff, agents, contractors, officials, coaches, administrators and participants
They need to have understanding of the law of negligence and how it applies to them
Have duty of care when it is reasonably forseeable (predictable) that your actions may cause harm
Based on
common sense, reason and foresight
Donoghue vs Stevenson case 1932
Duty of care is breached when standard of care falls
short of accepted standard
All those involved in sport
need to comply
with legislation as a minimum standard and be aware of codes of practice, regulations and issue of foreseeability
To win negligence you need to be owed duty of care by the person who caused harm or damage.. show DOC was breached and that the injury was a result of breaching DOC
Closely related to duty of care
To win negligence you need to be owed duty of care by the person who caused harm or damage.. show DOC was breached and that the injury was a result of breaching DOC
Common defenses - injury or damage was caused by unforeseen accident or that the injury or damage occured when the claimant volunteered to take the risk .. or when claimant was also responsbile for the damage
Increased negligence in sport where players have been injured and made claims against others
Anything that occurs outside the rules of the governing body but within the accepted playing culture of sport cannot be classed as negligent
Anything that occurs outside the rules of the sport and outside the accepted playing culture = negligent
Higher duty of care
Higher duty of care owed to children and young people and this is something that those working in sport with young people/children must reflect
Occupiers Liability Act (1957)
'Occupier' must be prepared for children to be less careful than adults would be in the same situation
Consideration should be greater if child has learning difficulties or a medical condition that makes them more vulnerable then the average child to risk of harm
http://www.bowlschildprotect.co.uk/Duty_of_Care.html
Regulatory bodies
A regulatory body is like a professional body but it is not a membership organisation and its primary activity is to protect the public. Unlike professional bodies, it is established on the basis of legal mandate.
Regulatory bodies exercise a regulatory function, that is: imposing requirements, restrictions and conditions, setting standards in relation to any activity, and securing compliance, or enforcement.
Their are regulatory bodies that are appropiate to all activities and some that are appropiate to specific activities
Important for everybody working in sport to have knowledge of the different regulatory bodies
Appropriate to all activities
Regulatory body or competent authority is an organisation recognised by a national government as being the body responsible for regulation and approval of processes in a specific area
Many regulatory bodies appropriate to sport and safety .. and some work together to ensure safety in sporting activities
The HSE looks at peoples health and safety at work .. they visit properties and facilities owned by local authorities (sports arenas and swimming pools) ...and work with local authorities to enforce health and safety legislation
Other regulatory bodies
Local autorities
A typical local authority will have a role in the health and safety in sports facilities such as leisure centres
Local education authorities
150 LEA's in England
Other regulatory bodies
Police
Main purpose of the police force is to...
Appropriate to specific activities or specific types of activities
The adventurous activities licensing authority (AALA)
Independent cross-departmental public authority.. independent watchdog for delivery of OA to young people
Aim is to provide assurances to public about safety of those activity providers who have been granted a license
Part of a local council or authority and responsible for education within that council area
LEA's have responsibility for all state schools in their area... organise funding for the schools, allocate number of places available and employ all teachers
3 roles:
To gurantee infrastructure of a universal school system
- every child has a school place
- children with special needs recieve appropriate education and support
- changes in the school population are planned for
- Children entitled to free school travel receive it
- large school building projects can be managed and funded
To lead the local education community, to set a vision for education and to bring different partners together to achieve change and improvement
To offer support to heads, governors and teachers and to monitor and challenge performance in schools
Uphold the law
Prevent crime
Pursue and bring to justice those who break the law
Having a good working relationship with the police is essential for those working in the spoprting community
ex.. voluntary sports club wanting to host a charity run .. contact police for advice and cooperation regarding roads
http://www.hse.gov.uk/foi/internalops/og/ogprocedures/majorincident/roleshsehsc.htm
What are the roles of Local authority?
What are the roles of Local authority?
http://www.educationscotland.gov.uk/learningteachingandassessment/approaches/outdoorlearning/healthandsafety/localauthority.asp
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/235925/8638.pdf
Need for police at events is based on general police roles ..
Protect life and property
Prevent and detect crime
Prevent breaches of peace
Regulate traffic
Contingency plan if their is a threat to life
By doing this ... young people can continue enjoying outdoor activities without being exposed to risks of death and disabling injuries
A license ensures that that provider has been inspected by the organisation .. with particular attention paid to safety management systems and compliance to nationally accepted standards of delivering adventurous activities to young people
http://www.hse.gov.uk/aala/
http://www.mendipoutdoorpursuits.co.uk/public/documents/aala-licence-guidence.pdf
Full transcript