Message from our Chairman
/in Manager's Travels, News/by Activities Industry MutualWe thank Andrew Gardiner for all his hard word and dedication to the Mutual and its Members.
AIM On Target Newsletter 2021
/in News/by Activities Industry MutualWe are proud to release the latest On Target Newsletter which features articles from you the Membership and the AIM Team. Thanks go to all the contributors for providing their insight and knowledge as always.
- Staffing crisis in the outdoors
- Diversifying the outdoors – Post Pandemic
- Lessons Learned – Covid Claims
- Financial Review of the Mutual
- Keeping in touch – details of our social media platforms and the AIM Facebook Group
- Supporting Schools and the LOTC
We hope you enjoy reading it and please get in touch if you have any feedback or questions.
Protected: AIM Member Zoom Meeting on PTR
/in News/by Bird MarketingThere is no excerpt because this is a protected post.
Occupiers Liability – Successful defence
/in News/by Activities Industry MutualClyde & Co have shared the following success story with us. In a recent claim involving a survival race, the obstacle to a successful outcome for the Claimant was the finding that accidents do happen, and that there was an inherent risk that could not be prevented by the organiser. https://bit.ly/3zu7PTq
Harrison v Intuitive Business Consultants Ltd & Ors [2021] EWHC 2396 (QB)
The Claimant had submitted that the organiser (as First Defendant) had failed to take reasonable care for her safety after she sustained serious injuries falling on part of an obstacle course at a Bear Grylls Survival race.
It was alleged that the Defendants (the Second Defendant being a subcontractor) had failed to implement intended control measures set out in their risk assessment, including instructing participants to begin the obstacle from a seated position and ensuring an appropriate spread of hay was on the ground to cushion any falls.
The Judge found that instructions were given appropriately, despite the Claimant either not hearing them or failing to follow them. In any event, causation was not established. The Defendants also had a reasonable system in relation to the spread of hay on the ground.
Background
The Claimant voluntarily participated in a Bear Grylls Survival Race. Whilst attempting an elevated monkey ring obstacle (known as ‘the Jungle’) she fell to the ground and sustained serious injuries to her right shoulder and leg. She brought a claim for injury and losses against the event organisers and the subcontractors responsible for the planning and management (‘the Defendants’).
The Claimant brought a claim against the Defendants under s.2 of the Occupiers Liability Act 1957.
Outcome
The Court accepted that there was no duty of care on the Defendants to provide guidance or supervision to participants, but that there was a duty to risk assess. The risk assessment process was followed and the Defendants had put in place a control measure requiring “clear and concise instructions” to be given to participants including a direction to “swing out from a seated position”. Once the need for instruction had been determined, the duty to provide such an instruction had been assumed.
The Claimant had started from a standing position, having stated she did not hear any instructions. She alleged that that this was the cause of her fall.
Taking into account the witness evidence and contemporaneous photographs the Court held that marshals had been trained to provide such instruction and that instructions had been given appropriately. It was not practicable to speak individually to each and every participant, but the marshals gave regular instructions to those about to embark. The Judge found that the Claimant had either not heard the instruction or failed to follow it.
In any event, the Court found that whether the Claimant had started from a seated or standing position made no difference to her fall. By the time she fell, she had been reaching for the second ring.
The use of hay was deemed a reasonable option for providing a suitable landing surface, although the Defendant remained obliged to ensure even-spreading and periodical re-distribution of the hay to avoid bare patches.
No witnesses for the Claimant observed such distribution, however the Judge relied upon the veracity of the Defendants’ witness, a marshal on the Jungle, who submitted that the staff were vigilant in their re-distribution of the hay.
The Claimant’s accident and resultant injuries were not occasioned by any fault of the Defendants and were inherent types of injury associated with obstacle races and risky activities. The Claimant was aware of the risks upon signing up to compete, with such risks being impossible to fully prevent regardless of the amount of care and vigilance demonstrated by the Defendants.
What we can learn
- We are reminded that there is no duty on an activity provider to provide instruction unless the provider assumes that responsibility. If a suitable and sufficient risk assessment deems that instruction is required, then such responsibility is assumed and the instruction must be given.
- The Defendants intended that participants would be instructed to start from a seated rather than standing position. The Defendant had no obligation to ensure that, having been given the instruction, that is how the participants proceeded.
- The Court was satisfied that regular instructions, not involving direct discussions with each participant, met the threshold of reasonableness in all the circumstances of this case.
- Attention to detail surrounding causation is crucial. Whether the Court found a breach of duty or not, it would have held that such breach had not led to the Claimant’s fall.
- It is interesting to note that had there been a breach of duty on the part of the Defendants, the Court did state that there would have been no finding of contributory negligence on the part of the Claimant. It was “both legitimate and reasonably safe for the Claimant to set off from a standing position, following the technique of others who went before her.” Similarly, the vast majority of participants had failed to complete the rings section, so the Claimant could bear no fault for failing to complete that section.Author: Clyde & Co LLP
Outdoor Learning – The Pivot
/in News/by Activities Industry MutualThis article in the Spring issue of Institute for Outdoor Learning Horizons magazine looks at the positives to come out of change. As an outdoor professional the pandemic has brought challenges to many and here this has presented opportunities for some but also much change for others.
Pivot-Article_Horizons-Spring-2021
Top 10 Best Caves – Going Underground
/in News/by Bird MarketingA classic wild camp, a Roman shrine and the ‘real’ Batman’s lair – here’s our pick of Britain’s most enticing underground attractions.
This feature was first published in the March 2019 issue of The Great Outdoors.
Forget ticketed and well-groomed show caves – Britain’s most intriguing underground places are quiet, semi- secret and only accessible by foot. Some have fascinating archaeological or historical backstories. Others have starred as movie locations or featured in famous legends. A few are remarkable simply for their size and splendour. But all repay closer exploring…
1. Priest’s Hole, Lake District
Header image above; © Getty Images
Since it featured on the BBC in 2016, this popular wild camping spot on the side of Dove Crag has lost any last vestige of secrecy. Think of Priest’s Hole as you might a bothy, accept that you may have to share, and you’re less likely to be disappointed. The views of the Far Eastern Fells are great and bad weather is kept at bay by a low stone wall. If you do find remnants of previous visits, do a good turn and take them with you.
2. Thirst House Cave, Peak District
Archaeologists excavating this Deep Dale cave in the 19th Century found pottery, jewellery and burials suggesting it had been used as a Roman shrine. Local people once called it ‘Hob Hurst House’, after a goblin who reputedly lived there. Thirst House Cave makes for fascinating exploring on a walk around Deep Dale or a diversion from the western end of the Monsal Trail – just don’t stray too far inside the system.
3. The Massacre Cave, Eigg
As you might guess, this cave has a pretty gruesome history. The population of Eigg sheltered here during a 16th Century feud with the Macleods of Skye, only to be killed en masse when the Macleods lit a huge bonfire to smoke them out. Tourists visiting the cave recently found a large collection of human bones that have since been linked to the slaughter. Massacre Cave and nearby Cathedral Cave can both be explored with the help of a torch – if you’re brave enough…
4. Alum Pot & Gaping Gill, North Yorkshire
Looking to dip a toe into the murky and mysterious world of caving? Book a guide to take you down Alum Pot, dubbed by those in the know as the finest abseil in Yorkshire. The way out through a labyrinth of tunnels leads through the famously claustrophobic ‘Cheese Press’ – not a route for the faint-hearted. If you don’t fancy venturing below ground, you can still see the open shaft of Alum Pot and the waterfall that cascades into its depths on a walk around Ingleborough that also takes in the entrance to the more famous Gaping Gill (pictured).
5. Henrhyd Falls, Brecon Beacons
To film buffs, the sheltered spot behind thundering Henrhyd Falls might look thrillingly familiar. It was used as one of the filming locations for Batman’s lair in The Dark Knight Rises – the key shot shows Christian Bale disappearing behind a curtain of water to enter his secret hideout. There’s nothing (other than the prospect of a good wetting) to stop visitors following his footsteps through the waterfall to discover the shallow cave beyond. The surrounding walks in National Trust woodland provide an added enticement.
6. Victoria Cave, North Yorkshire
The walk to this isolated cave, set east of Langcliffe in Ribblesdale, takes you through some of the most dramatic limestone scenery in the Yorkshire Dales. The cave itself is an archaeological treasure: since it was first excavated, in the year of Queen Victoria’s coronation, everything from mammoth bones to Roman brooches has been discovered here. Surrounding signs warn that the roof is unstable, so Victoria Cave is best admired from the outside.
7. Millican Dalton’s Cave, Lake District
For nearly 50 years, this sizeable cave on the side of Castle Crag was the summer residence of Lakeland eccentric, lightweight gear pioneer and self-styled ‘Professor of Adventure’ Millican Dalton. Nowadays it’s a site of pilgrimage for outdoorsy folk who admire Dalton’s philosophy and his legendary quest for self-sufficiency. Reach the cave on a short walk from Rosthwaite, taking in the war memorial on the summit of Castle Crag en route. Keep your eyes peeled for the faint inscription: ‘Don’t waste words, jump to conclusions’.
8. King’s Cave, Arran
Legend says this is where Robert the Bruce had his life-changing encounter with a spider. It’s one of a series of sandstone caves that rise above the Arran Coastal Way (nearby Black Cave below Bennan Head is also well worth visiting on a circuit of the island). Aside from the legend, the most fascinating thing about this cavern is the Christian and pre-Christian art adorning the walls, some carvings possibly dating to the Bronze Age.
9. Cathedral Cave, Lake District
Hidden above Little Langdale valley is a disused Lakeland green slate quarry riddled with tunnels and mines. The most spectacular is a 12m-high chamber known as Cathedral Cave. The National Trust sign at the entrance notes that you enter at your own risk, but if you’re intrepid enough to venture in then this man-made cavern with its high roof and clear pond is nothing short of spectacular. Elsewhere in the quarry there are some intriguing tunnels to explore, including one that’s around 400ft in length.
10. Prince Charles’s Cave, Skye
Another Scottish cave with romantic historical association, this narrow tidal cavern played host to Bonnie Prince Charlie during his last night on Skye. Access is restricted to a few hours around low tide, so check tide times before setting forth on the superbly scenic tramp south from Elgol. There are other underground attractions to explore along the way, too – continue around the peninsula to reach the cathedral-like Spar Cave, but plan your walk with care to avoid being stranded by the rising tide.
Article Source: The Great Outdoors Magazine (https://www.tgomagazine.co.uk/inspiration-and-ideas/top-10-best-caves/)
Climbing, Belaying, COVID and Beyond
/in Covid-19, News/by Activities Industry MutualWhat do we know?
In our current COVID world, there has been a concerning sharp spike of ground falls in UK climbing centres post lockdown one.
In one seven-day period, in the latter part of 2020, we had reports of the equivalent number of these incidences that we would usually expect in a ‘normal’ year.
After extensive discussions, the authors of this piece decided that scrutiny of these Incidents and Accidents was prudent to learn lessons for the future. The authors looked at the wearing of masks in climbing centres, and the accident data respectively.
About the Authors: Joby Maw Davis is a Full AMI member and holds the Winter Mountaineering and Climbing Instructor qualification. He is a Technical advisor for a lot of the major climbing walls in the UK. He is also a Technical expert for NICAS and the Association of British Climbing Walls as well as a provider for many of the Mountain Training National Governing Body awards.
Libby Peter is a Full Mountain Guide and a Member of the British Mountain Guides. Between them their technical knowledge of rock climbing both indoors and outdoors is unsurpassed 😊. Neither of them “work” (i.e. are paid) by AMI. This article and research was done independent of AMI but AMI both support it and back it.
Possible explanations could be:
- Climbers who have taken a break from climbing may have rusty skills (Skills fade posh term)
- The past year has been rough; we can all agree on that. More people may be mentally and emotionally exhausted than an average year.
- People are excited to return to their hobbies, but are they prepared?
Observations:
- All the noted accidents and incidents involved lead climbing (belaying).
- They all resulted in ground falls of varying seriousness.
- Climbers and belayers involved were not novices and had climbed at the centre they were in at the time of the occurrence numerous times since the end of lockdown one.
- Accidents and incidents occurred generally in the first half of the route attempted.
What are the variables that have the potential to cause climbers / belayers issues?
Skills fade – quick confidence gains… then complacency. These incidents have not involved novices.
Amplification of previously ‘just off’ good practice. For example, poor belayer positioning and slack management; this is especially important while the climber is around 2nd-4th clips as lead falls from here require very quick reactions by the belayer to prevent a ground fall. There is a likelihood, if climbers and belayers were operating in a slightly sloppy fashion pre COVID (unconscious incompetence or conscious incompetence), that their skills will have slid somewhat.
Face mask issues
Even the neatest fitting facemask restricts lower peripheral vision. In other words, it is harder to see the ground just in-front of your feet. This leads to more frequent trips and falls (mostly in the elderly), but it also makes it harder to glance down and see what’s going on at your belay device, creating a number of potential problems:
1. Blocks the view of how much slack is out immediately in-front of the belay device. It’s possible to have a loop of slack out (i.e. too much slack) and not realise.
2. Less confidence in making quick adjustments to the amount of slack out (slack management). Some belayers need to look down at the belay device when paying out or taking in.
3. Can’t see trip hazards around feet (such as rope) so might result in the belayer moving around less to adjust slack, or an actual trip.
Poor fitting masks
4. Habitual readjustment of mask as it slips down over nose – means two hands not on the rope.
Belay glasses and masks
5. This combination definitely further limits lower peripheral vision leaving only a slim letter box view.
6. Moving belay glasses into place as leader reaches second or third clip could be even slower with mask on – and may knock the mask out of place leading to point 4 above.
Prescription glasses and masks
Glasses steaming up is a big issue for belayers and leads to a few scenarios, all of which have their own potential impact on effective belaying:
7. Leave steamed up glasses in place and have trouble seeing clearly enough to detect climber movements that might suggest an imminent fall, or to preempt clipping.
8. Take glasses off and, depending on quality of vision without glasses, have trouble seeing as above.
9. Alternate between glasses on and off resulting in two hands not on the rope.
10. Leave glasses on and pull mask down to prevent fogging – and reduce Covid safety.
Some real-life suggestions to help makes your first steps ‘back’, as safe as possible for your and your partner.
Climbers
Why not treat the first session back as a refresher of all belaying elements?
Take things more slowly than you would do ‘normally’. How about a top-rope before leading if haven’t climbed in a mask on for example?
Make no assumptions about belaying/climbing skills for you and you partners / s
Never forget the lifesaving PARTNER CHECK
Belay device/rope compatibility check, have you purchased new equipment?
Be extra vigilant; remember other’s actions could also impact on you and your partner’s safety.
Communication – revisit with your partner your communication routine, it may well have been some time since you climbed together!
Instructors and coaches
Expect to give more support than normal to your climbers and belayers, remember the operational changes in your sessions will be well drilled for you, but they will be new to your climbers.
Mask education – help clients to develop a mask system that is Covid safe and climb safe.
Have extra vigilance when backing up belaying, it is probably the case that in your centre / organisation you are dealing with this in a more socially distanced fashion.
Be prepared and equipped to intervene quickly if deemed necessary. Have these drills been well practiced amongst staff?
Frame of Reference
Minor Interactions :- Behaviours and or actions that can contribute to the increased chances of any of the above
Near Miss:- An event not causing harm, but has the potential to cause injury or ill health
Incident:- a set of conditions or circumstances that have the potential to cause injury or ill health and could result in damage to equipment and facilities.
Accident:- An event that results in injury or ill health
Many thanks to the authors Joby Maw Davis (AMI) Climbing and Mountain Training http://www.jobymawdavis.co.uk/and Libby Peter (IFMGA Guide)
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