Auto Belay Update
It appears that there has been a notable increase of near miss reports involving auto belays over the past few weeks. There has also been a small and concentrated number of serious (lifechanging) accidents, involving unattached climbers hitting the floor because of not being attached to an auto belay unit – when the climber’s intention was to be connected.
We wanted to remind our AIM Members who have Climbing Walls of the current ABC auto belay guidance notes, along with the potential implications of not being aware of them, and the dangers of failing to follow these as much as is practically possible. From a claims defensibility aspect, if the industry is aware of the issue of climbers climbing unclipped, it is imperative that they take action to prevent this issue and any risk of accidents.
PHYSICAL BARRIER (E.G. FLAG)
Joby Maw Davis, Technical Advisor advises the following:-
“It’s a fundamental fact that we all should be aware of, that if climbers are able to easily get onto the climbing surface and its holds without disruption, there is a higher likelihood of them being able to climb without attaching to the auto belay connector. We have a duty of care two-fold here. Firstly, to ensure that the belay gates are sufficiently large to reduce this variable as much as is possible. Secondly, for the route setters – to ensure that starting holds are as much as practically possible, masked behind the gates. There should also be consideration of how the setting is quality checked in your facility too.
If there is a very busy period of use on your auto belays, when multiple lines are in use at the same time – consideration should be given to how this is monitored to manage unattached climbers where belay gates are all down.”
Credit: Joby Maw Davis, Technical Advisor
STAFF TRAINING
Staff training is key. The use of auto belays and dealing with issues that may arise whilst using them is not covered in detail in any NGB Climbing award. Therefore, it falls to the walls to ensure that they are acting responsibily in seeking to stamp out any instances of unclipped climbing, and if this is seen, that immediate action is taken to avoid an accident. As well as operations and rescue plans, floor walking is a key control measure when identifying undesirable practices. It is recommended that staff observe users making repeated use of the units and actively engage customers with a friendly reminder of the consequences of a lapse in attention. The more likely profile of users getting into difficulty is the more experienced user category, often climbing alone. All staff, especially those on reception, have a key role to play in reminding users to clip in.
Outdoor Learning Survey Report – Summer 2022
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Open Water Swimming –
Message to Members regarding open water swimming facilities.
AIM has been supporting one of the members in a health and safety investigation and inquest into the tragic death of Cory Nicholson. The inquest hearing took place on 26 and 27 July 2022. Mr Nicholson, aged 21, sadly died on 23 July 2019 due to drowning in a lake which was in part managed by the member. Mr Nicholson was an unauthorised swimmer who entered the water at an area of the lake designated for dog swimming. He was in the water for some minutes before showing signs of being in trouble. Others attempted to rescue him but without success. His body was recovered by rescue services later the same evening.
Responsibility for the water at that particular area of the lake rested with our member but the land from which Mr Nicholson entered was under the responsibility of another company.
Cotswold District Council investigated the incident and invited the member to attend an interview under caution. Legal representations were made and expert evidence obtained. Ultimately, the Council decided that no health and safety charges would be brought against the member.
Sadly, hot weather drownings feature in news reports year after year. There are inherent risks in swimming in open water, more so when such swimming is unsupervised or unauthorised (as in this case).
The leading legal case in this area is called Tomlinson v Congleton Borough Council (2003) in which an 18 year old man dived into water at a beach area of a disused quarry-turned-country park. He executed his dive badly, the result of which was that he hit his head on the bottom of the quarry and suffered a spinal cord injury. Swimming was prohibited at the Country Park by the use of signs but they were ignored and the Council knew that unauthorised swimming took place. Rangers tried to enforce the rules without success.
In that case, Lord Hoffman ruled:
“I think it will be extremely rare for an occupier of land to be under a duty to prevent people from taking risks which are inherent in the activities they freely choose to undertake upon the land. If people want to climb mountains, go hang gliding or swim or dive in ponds or lakes, that is their affair. Of course the landowner may for his own reasons wish to prohibit such activities. He may think that they are a danger or inconvenience to himself or others. Or he may take a paternalistic view and prefer people not to undertake risky activities on his land. He is entitled to impose such conditions, as the Council did by prohibiting swimming. But the law does not require him to do so”.
The HSE has also produced guidance to its investigators relating to open water which suggests that where swimming and/or water access is neither encouraged or is actively discouraged, or where the nature of water or underwater hazards are made clear through unambiguous signage, then enforcement action may be less likely.
Those responsible for open water should continue to risk assess the premises and act appropriately, including consideration of signage and blocking access where needed. However, in cases where members of the public take the risk of entering water when not permitted or not encouraged to do so, there is a strong case to argue that they did so at their own risk.
The Member was assisted by Leanne Conisbee of Ince & Co, legal advisor, appointed by AIM. [email protected]
Protected: Global Butterflies LGBTQI+ Session
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AIM Message from our Chairman – AIM has new Management Company
Dear Member
You may recall that I wrote to you all in July to advise that AIM would be moving from Regis Mutual Management Ltd to a new home with Thomas Miller. I am delighted to confirm that this move has now taken place, and I wanted to reassure you all that as far as Members are concerned, you should not notice any difference at all in the service you receive from the AIM Team, nor any changes to the way your renewals are handled.
All covers and the great level of service the AIM team provides will remain the same and we are still firmly backed by QBE as the Mutual’s Supporting Insurer.
The core team remain the same, headed up by Sophia and assisted by Ralph; Cathy continues in Marketing, with Liz, Brad, Amy and Mark handling your renewals and cover enquiries. Ben remains in Claims and can be contacted should that need arise.
Email addresses for the team have changed to “first name.last [email protected]” but the team will be contacting you as usual when it comes to time to renew your covers. This is an exciting new chapter for the Mutual and the team. Rest assured that AIM remains strong and firmly committed to its Members.
You can still email [email protected] if you have any general queries.
Thank you
Bob Edwards
Chairman of AIM
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