Posts

Sunguarding Outdoors – Raising awareness

Being active outdoors is important for our health and wellness, as is being adequately sun protected. Sunguarding Outdoors is a NEW campaign for people either working or enjoying the outdoors, groups, and clubs, to help keep everyone sun safe.

Sunguarding-Outdoors – Melanoma Fund UK (affinitydns.uk)

Some really useful information can be found here which gives details of a free online course for protecting people working in the outdoors and it’s also accredited by Institute for Outdoor Learning.

For those working with primary school children this site also offers people the chance to sign up to the Outdoor Kids Sun Safety Code.  This is a free accreditation campaign for all groups and individuals working with children outdoors.

Make sure your risk assessments are updated to reflect changes in temperature when taking customers out on activities.

Slips and Trips – Icy conditions and winter weather

The HSE produce these guidelines to assist you when it comes to avoiding accidents at your site.  By following these guidelines you may also prevent a  liability claim being made. AIM provides an excellent claims management service for its Members and does all it can to defend claims where it is considered you are not at fault and where Members can demonstrate they have followed risk management process.

Slip and trip accidents increase during the Autumn and Winter season for a number of reasons: there is less daylight, leaves fall onto paths and become wet and slippery and cold weather spells cause ice and snow to build up on paths. There are effective actions that you can take to reduce the risk of a slip or trip. Regardless of the size of your site, always ensure that regularly used walkways are promptly tackled.

Lighting

Is there is enough lighting around your workplace for you and your workers to be able to see and avoid hazards that might be on the ground? The easiest way to find out is to ask your staff. Another way is to shadow your employees for a couple of days, walk the main internal and external routes that they use throughout their working day. It is important to do this both inside and outside of the workplace, as the effect of light changes during the day. If you can’t see hazards on the ground you will need to improve the lighting (eg new lights or changing the type of bulb).

Wet and decaying leaves

Fallen leaves that become wet or have started to decay can create slip risks in two ways, they hide any hazard that may be on the path or they themselves create a slip risk.

Put in place a procedure for removing leaves at regular intervals; you might even consider removing the offending bushes or trees altogether.

Rain water

In dealing with rainwater:

  • When fitting external paved areas ensure that the material used will be slip resistant when wet.
  • Discourage people from taking shortcuts over grass or dirt which are likely to become slippery when wet. Consider converting existing shortcuts into proper paths.
  • On new sites, before laying paths, think about how pedestrians are likely to move around the site. Putting the path in the right place from the start may save you money in the long term.
  • Many slip accidents happen at building entrances as people entering the building walk in rainwater. Fitting canopies of a good size over building entrances and in the right position can help to prevent this.
  • If a canopy is not a possibility, consider installing large, absorbent mats or even changing the entrance flooring to one which is non-slip.

Ice, frost and snow

  • To reduce the risk of slips on ice, frost or snow, you need to assess the risk and put in a system to manage it.
  • Identify the outdoor areas used by pedestrians most likely to be affected by ice, for example: – building entrances, car parks, pedestrian walkways, shortcuts, sloped areas and areas constantly in the shade or wet.
  • Monitor the temperature, as prevention is key.
  • You need to take action whenever freezing temperatures are forecast. Keep up to date by visiting a weather service site such as the Met Office or the Highways England.
  • There are also smart signs on the market, available to buy at low cost, which display warning messages at £50 and below.
  • Put a procedure in place to prevent an icy surface forming and/or keep pedestrians off the slippery surface;
    • Use grit or similar, on areas prone to be slippery in frosty, icy conditions;
    • Consider covering walkways eg by an arbour high enough for people to walk through, or use an insulating material on smaller areas overnight;
    • Divert pedestrians to less slippery walkways and barrier off existing ones.
    • If warning cones are used, remember to remove them once the hazard has passed or they will eventually be ignored.

Gritting

The most common method used to de-ice floors is gritting as it is relatively cheap, quick to apply and easy to spread. Rock salt (plain and treated) is the most commonly used ‘grit’. It is the substance used on public roads by the highways authority.

Salt can stop ice forming and cause existing ice or snow to melt. It is most effective when it is ground down, but this will take far longer on pedestrian areas than on roads.

Gritting should be carried out when frost, ice or snow is forecast or when walkways are likely to be damp or wet and the floor temperatures are at, or below freezing. The best times are early in evening before the frost settles and/or early in the morning before employees arrive. Salt doesn’t work instantly; it needs sufficient time to dissolve into the moisture on the floor.

If you grit when it is raining heavily the salt will be washed away, causing a problem if the rain then turns to snow. Compacted snow, which turns to ice, is difficult to treat effectively with grit. Be aware that ‘dawn frost’ can occur on dry surfaces, when early morning dew forms and freezes on impact with the cold surface. It can be difficult to predict when or where this condition will occur.

Author Credit:- https://bit.ly/AIM_HSEslipsandtrips

 

HSE Bulletin – Key points to consider when reopening

Please find attached the latest HSE bulletin which details some points to consider when reopening as lockdown measures ease.

https://content.govdelivery.com/accounts/UKHSE/bulletins/2cb9964

Public Liability Claims – Defence success for Member

We think it is important to publish details of judgement’s in Public Liability trial cases so that the Mutual and Members can use this valuable lessons learned information.  It also demonstrates that the Mutual will try to defend liability claims where it feels appropriate.  The details below have been provided by our legal colleagues at Clyde & Co who successfully defended this case.

Overview

The claimant, aged 14, suffered from Laurence Moon Beidl Syndrome which affected his eyesight. He was registered partially blind. The claimant often attended Sheffield Royal Society for the Blind  (“SRSB” – 1st defendant) for after school club and activities. SRSB took the claimant for a bouldering session at the premises of (“the Centre” – 2nd defendant).

Circumstances of Claim

Once at the Centre the claimant participated in warm up activities and then climbed one of the junior boulders. He did so with minimal assistance though he needed some help to get over the top of the wall. The wall had an enclosed chute/slide, which was popular with children, and which offered a means of descent. The chute was known to be fast. The claimant was instructed to slide down the chute and upon reaching the ground, he injured his ankle.

It was the claimant’s case that the enclosed chute was not safe for him, as his condition meant that his eyesight significantly worsened in dim conditions and that in going down the chute he had become disorientated.

Outcomes

It was accepted by all parties that the specifics of the claimant’s condition were not made known to the Centre staff, though the Centre knew he had a visual impairment. Visually impaired clients had used the chute in the past with no incidents, though the number was small.

The claimant alleged that the SRSB – 1st Defendant’s risk assessment in relation to the activity was inadequate and that a suitable assessment would have shown that the chute was not safe for this particular claimant. The Court agreed. Furthermore, the judge held that had the Centre instructors known that the chute was likely to disorientate the claimant, an alternative method of descent from the boulder wall could have been offered. The Court held that the Centre was not obliged by law to proactively enquire about the claimant’s condition and that it was entitled to rely on SRSB – 1st Defendant to draw any specific matters to the Centre’s attention.

The claimant was therefore successful in his claim against SRSB – 1st Defendant but unsuccessful against the Centre.

If you have any questions or queries about Public Liability cover and or the way the Mutual handles claims please get in touch.

Details of Clyde & Co : [email protected]

 

 

COVID 19 – Latest Update

Supporting our Members through COVID 19 – UPDATE 7

We hope that you are all keeping safe and well and managing to resume businesses and activities or looking to the future with plans to restart.

Just a gentle reminder to ensure you have the correct Public Liability cover in place before you resume activities, email the team on [email protected] if you have any queries.

Keeping everyone safe

We wanted to remind all AIM Members that whilst we have eased from the initial lockdown there are still some restrictions in place and everyone must ensure that they are adhering to current Government guidelines to keep staff, visitors, and participants safe.  Notably to maintain the social distancing required and the hygiene and sanitisation of equipment.  We believe that this will significantly reduce the spread of the infection and any possible suggestion that a person has caught the infection whilst on your site or doing your activity.  Unfortunately, we have all come across instances where people have breached the rules whilst out and about, whether that be in public spaces or whilst shopping.  The team here are available if you have any concerns or queries about Risk Assessments related to COVID 19.

Business Interruption

The FCA test case has concluded and we await the Court’s ruling.  This is expected in September and we will update Members as soon as we have any further news.

Zoom meetings

Thank you to all of you who have attended the Zoom calls.  These have proved popular and there are planned meetings for the following dates.

Wednesday 9th September 17.30 – Co-hosted with Sam Sutton of New Forest Activities

Wednesday 16th September 17.30 – General catch up

Please let Cath Watson know if you would like to attend on [email protected].  If you have any suggestions for other topics, then please do let us know.  The Mutual is here for its Members so please tell us what you would like!

Claims

We know that many of our Members have resumed activities either fully or partially, therefore, please ensure that you notify us promptly if any accidents or incidents occur.  Even where there does not appear to be any failure or negligence on your part, it is important that we can work with you to investigate and if possible head off any potential formal claim.  With the financial difficulties faced by so many, unfortunately this can give rise to spurious accidents and claims as a way of seeking money.  We want to protect you all against such issues, so please ask if you have any concerns or need any pointers for risk management.  Our Mutual Manager, Sophia, and Account Executive, Ralph would be happy to assist with this so please contact them at [email protected] or [email protected].

If you are adhering to Government guidelines then it is unlikely that you will receive a claim that a person contracted the infection whilst on your premises, or whilst taking part in your activity. For a claim to succeed, the person would need to demonstrate that they did not contract it anywhere else.  With pubs, shops and restaurants now open, we envisage that this will be more difficult to prove.  Please be aware that if you do receive a claim, specifically for COVID 19 related issues, the Mutual’s supporting insurers have excluded any cover from the Public Liability section of your cover.  This means that we would not deal with any claim under the Public Liability cover and you would need to defend or settle the claim yourself; the cover would not respond to provide payment of any fees or claim.  We have seen this being excluded throughout the insurance industry as a result of the pandemic.  Unfortunately we have been unable to change this exclusion for AIM Members.

If you do receive a complaint or allegation concerning COVID 19 related issues, please inform us in the usual way, using the contact information below.  Wherever possible, we will assist you with developing a suitable response, including providing you with a template response letter.

For all incidents and claims, please contact the Claims team as follows:

Phone: 01892 888 475

Email: [email protected]   

We hope that you are all keeping well and if you have any queries or concerns do get in touch.  Thank you for your support of AIM.

Please join our closed Facebook group https://www.facebook.com/groups/798451153625523/

Or follow us on LinkedIn https://www.linkedin.com/company/activitiesindustrymutual/

The AIM Team

 

COVID 19 – Latest Update

Supporting our Members through COVID 19 – UPDATE 6

We hope that you had an enjoyable bank holiday.  We all waited on Sunday evening for guidance from the Government on the next phase and hoped to have some clear messages for you all regarding next steps.

It is clear that as the current lockdown situation has not been eased, we think it is too premature to offer opinion or more detailed plans at this stage, needless to say that any business looking at reopening would need to adhere to Government guidelines to ensure they are complying for staff and implementing required measures regarding social distancing and hygiene.

As mentioned in the previous update it is sensible to review all risk assessments for each of your activities now and consider if these need to be revised or rewritten to allow for ongoing social distancing.  

Sport England

We have found the following link from Sport England which may be of interest to you regarding their Community Emergency Fund.  Please note the deadline of Thursday 15th May 2020 for new applications.

https://www.sportengland.org/how-we-can-help/coronavirus/coronavirus-funding-and-flexibility

Countryfile

Andy Robinson at Institute of Outdoor Learning appeared on BBC’s Countryfile at the weekend.  In case you missed it please view the link below which talked about the current impact on outdoor learning (8min 04 sec onwards).

https://www.bbc.co.uk/iplayer/episode/m000j4wr/countryfile-helens-home-patch

The North Face

North Face have launched an initiative called Explore Fund which aims to assist companies that fall into the following criteria.

  • Conservation groups and organisations​
  • Outdoor charities​
  • Outdoor industry associations​
  • Organizations or companies involved in the following sports/ activities:​ camping, environmental education, hiking, kayaking, rock climbing, indoor rock climbing, skiing, snowboarding, snowshoeing, trail running, alpinism​

Applications can be made until 22nd May 2020

https://www.thenorthface.co.uk/about-us/explore-fund.html

Please join our closed Facebook group https://www.facebook.com/groups/798451153625523/

Or follow us on LinkedIn https://www.linkedin.com/company/activitiesindustrymutual/

 

 

COVID 19 – Latest Update

Supporting our Members through COVID 19 – UPDATE 5

We hope that you are keeping safe and well and that we may soon be at the end of the current lockdown.  We await the further information from the Government regarding any easings they consider can be brought in, and we will update you as soon as we have this.  We thought might be useful to consider how the future might look, and what you can be doing in anticipation of reopening, as we all start to plan for getting back to normal (or whatever the new normal might look like!)

  • Reopening: this will of course depend on any easing of the lockdown, but you could start to plan now for how you might be able to carry out some or all of your activities taking into account the potential need for social distancing
  • Risk assessments: it is sensible to review all your risk assessments for each of your activities now, as well as any pertaining to your staff, and consider if these need to be revised or rewritten to allow for ongoing social distancing. Consider specific Covid-19 measures and if separate specific risk assessments are required.
  • PPE: will we need to wear it? We do not as yet know, but would you be able to carry out your activities if this is a requirement?
  • Economics: can you afford to operate and provide the activities even with social distancing requirements? Or is it better to wait until you can resume fully?

We appreciate that we do not have the answers to these questions now, and much will depend on the Government advice and next steps on emerging from lockdown which we hope we will obtain this weekend.  AIM is here to support you, and we will keep you updated and suggest ways on how best you can seek to resume your normal business activities.

Please join our closed Facebook group https://www.facebook.com/groups/798451153625523/

Or follow us on LinkedIn https://www.linkedin.com/company/activitiesindustrymutual/

 

 

Play it safe: health and safety fines in the activities industry

Leanne Conisbee of Clyde & Co discusses these changes

With the activities sector continuing to grow, as part of wider trend of increased societal health and wellness awareness, businesses should take note of the Health and Safety Executive’s (HSE) enforcement statistics[1]. These evidence the high level of fines companies now ‘routinely’ receive for health and safety breaches, together with confirmation of the upward trend in the level of health and safety fines, imposed by both the Magistrates and Crown Courts.

Small to medium sized businesses have been impacted most, with the level of fines routinely being a significantly greater percentage of turnover than the fines imposed on large and very large organisations, despite the same harm categories and levels of culpability.

Not every accident can be avoided, but to avoid prosecution and potentially hefty fines, companies do now need to have health and safety at the top of their agendas.

High value fines now commonplace

An analysis of HSE data shows a total of 45 cases in 2017/18 where a fine of over £500,000 was imposed.

There were 19 cases with fines exceeding £1m imposed by the UK’s criminal courts for the 12 month period to 31 October 2018 – with less than half of the cases involving very large organisations, dispelling the notion that only those companies with turnovers in the hundreds of millions or billions receive £1 million plus fines.

Whilst HSE prosecutions were down by 16% in 17/18 to a total of 517, the HSE still revealed an impressive conviction rate of 95%.

Although Local Authority (LA) prosecutions are not included in the 517 prosecutions referred to, the data does reveal a significant increase in the enforcement activity of LA’s, showing an annual increase of 7% to 2,580 in the total number of enforcement notices issued by LA’s in 17/18.

Emphatic and rapid change in sentencing landscape

Stark evidence of increased fines for all sizes of business as a result of the introduction in February 2016 of the Sentencing Guideline for Health and Safety Offences[2] is revealed in the average level of fine rising by over 400% from £29,000 in 2014/15 to £147,000 in 2017/18.

Reported cases affecting the activities industry are few and far between. But that does not by any means indicate any sort of immunity.

Center Parcs was recently fined £250,000 when a young girl fell nearly 10 feet from a tree and broke her wrist during an organised activity. Luton Crown Court heard that whilst the company had systems in place to ensure the safety of guests these were not sufficiently adhered to or implemented in respect of this incident.

A leading leisure centre was also fined £330,000 when a five-year-old boy almost drowned in a swimming pool. Despite being a non-swimmer and staff being informed that he could not swim, the boy was allowed to enter the pool without armbands and without proper supervision. The fine imposed was the largest in any investigation brought by Hounslow Council.

Prevention, prevention, prevention

Whilst the above statistics make for sobering reading, organisations can put themselves in the best possible position to avoid or defend prosecutions, or mitigate any fines imposed, by ensuring that:

  1. Any equipment complies with the relevant British Standards, is inspected regularly and is in good working order;
  2. Robust policies and procedures are in place and followed, and this is checked via adequate supervision and monitoring;
  3. Suitable and sufficient risk assessments are carried out, with control measures implemented;
  4. Training arrangements are reviewed to ensure that staff are properly trained in the policies and procedures; and
  5. Customers are appropriately warned of the risks associated with an activity and they acknowledge receipt of such warnings.

[1] http://www.hse.gov.uk/statistics/enforcement.pdf

[2] https://www.sentencingcouncil.org.uk/wp-content/uploads/HS-offences-definitive-guideline-FINAL-web.pdf

Institute for Outdoor Learning

Accident Prevention and Claims Defensibility

We had an article published in the IOL‘s Summer edition of Horizons about accident prevention and claims defensibility we thought you’d like to see it.

Horizons-Accident-Prevention-Article-July-19

Other articles on our website that look at this area to check out

https://www.activitiesindustrymutual.co.uk/aim-pharos-be-prepared/

 

 

Thrills and Unfortunate Spills – Clyde & Co

Our colleagues at Clyde & Co have put together a round up of recent personal injury cases affecting the activities industry. This article demonstrates that recent case law is positive for the activities industry but that businesses can always protect themselves further.

Thrills-and-unfortunate-spills-