Topic 1 - Laws, Regulations and Codes Textbook pages 58–61

Learning outcomes By the end of the topic learners will have: An awareness of how the law applies to the leisure industry and common sources An awareness of the benefits of having safe working and codes of practices An appreciation of how regulations are enforced and by whom Some familiarity with terminology.

Understanding the Law Leisure organisations, like all organisations must work ‘within the law’. They have some specific regulations to follow in certain situations – such as crowd control at an event, or chemical storage at a pool – but in general they are required to comply with the same laws as everyone else

Background Statute LawGiven to us by Parliament Common LawDecided in the courts by Judges as they evaluate each case on its relative merits and make a judgement. Each of these judgements is called a ‘precedent’ and must be taken into account each time a similar case is heard Civil LawConcerned with private rights. These cases must be started by the individual who feels their civil rights have been infringed and are heard in County Courts (or in serious cases High Court) Criminal LawEnforced by the police and relate to what society as whole considers unacceptable – failure to ensure that proper fire precautions had been put in place for example

Duty of Care Occupiers Liability Act 1984 Operators are required to ‘care’ for their visitors, staff and suppliers while on their premises, by making sure they are safe at all times

Benefits of having Safe Working Practices Having safe and secure working practises has benefits for everyone: –The organisation itself –The Facilities –The Events –The Staff –The Customers –The Suppliers and other casual visitors –The Environment

Commercial Benefits Lower Insurance Premiums Staff take less time off work Sales or job applications may go up Inspections are passed easily Healthy, safe and secure environments help put up productivity in staff

EU Directives and Regulations 1992 The “Six Pack” –Health and Safety at Work –Workplace Regulations –Manual Handling Operations –Provision and use of Work Equipment –Personal Protective Equipment (PPE) –Display Screen Equipment

UK Acts of Parliament Health and Safety at Work Act 1974 (HASAWA) The Control of Substances Hazardous to Health (COSHH) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)

The Role and Powers of Enforcement Agencies The Health and Safety Executive (HSE) – a National Government Organisation –HSE Inspectors are usually expert in particular aspects of safety such as Fire or Crowd Control, and provide consultation and advisory services for organisers of big events or companies planning new attractions. They are always involved when an accident has happened and the cause needs to be investigated, such as when a Theme Park Ride has broken Local Authorities –Local councils have their own Officers and enforcement powers too and usually inspect all types of leisure premises to assess how healthily and safely they are being run

Role of Enforcement Agencies To carry out assessments of venues, facilities and buildings. They can make inspections at almost any time. Based on their findings they may decide upon one of four courses of action: 1.Allow operations to continue, because safety measures are adequate or good 2.Issue an ‘improvement notice’ requiring action to remedy a problem (e.g. have faulty plumbing fixed) within a set number of days but allow operations to continue 3.Stop operations by issuing a ‘prohibition notice’ because measures or systems are inadequate – faulty wiring, for example or no safety guards on Machinery 4.Begin a prosecution for ignoring a statutory safety requirement, i.e. a requirement laid down by the law. This might result in a fine or imprisonment

Other Sources of Regulations and Codes Football Association (FA) RoSPA (The Royal Society for the Prevention of Accidents) The Environment Agency ASA (The Amateur Swimming Association) Outdoor Adventure

Essay Question “Many legal practices advertise that they can pursue claims for you when you have been in an accident or injured yourself. Discuss the extent to which this is an ethical way to do things for the case of a sports injury inflicted on one player by another”