Find below a selection of Frequently Asked Questions related to the following topics:
Activities
Why do only caving, climbing, trekking and water sports activities come
within scope of the regulations? What about, for example, motor sports,
rope courses, archery and water skiing
The licensing regulations encompass a broad range of activities but
concentrate on those which are done in the most hazardous of
environments. Licensing with compulsory inspection is a very severe form
of regulation. At present the HSC licenses only nuclear installations,
off-shore oil installations, asbestos stripping and the manufacturing of
explosives. The list of activities covered by the regulations arises
from Health and Safety Commission criteria which includes accident
records and reflects their general approach to hazards. The list of
activities currently falling within scope of the legislation will be
kept under review.
The Scope Of The Regulations
The risks in the voluntary sector, or on teacher-led trips, may be as
great or greater. Why aren't they included?
The licensing scheme arises from the tragedy at Lyme Bay in 1993, which
involved a commercial organisation assuming responsibility for
children's safety and then discharging it negligently. When children
undertake trips as part of the normal school curriculum under the
continuing guidance of the teacher that is different from handing over
responsibility to another party of whom certain skills, knowledge and
qualifications are expected.
Both the Department for Education and Skills (DfES) and the Adventure
Licensing Service have published guidance documents for schools. 'Health
and Safety of Pupils on Educational Visits' (HASPEV) gives guidance to
schools on the health and safety aspects of arranging off-site visits
and, under separate cover, a document which specifically deals with
school-led adventure activities. You can get copies of the guidance by
contacting DfES publications on Tel: 0845 6022260 or log onto the
website www.teachernet.gov.uk/visits
The Adventure Activities Licensing Service documents may be useful to
schools and members of the public. Please refer to the relevant location
on this web site.
What are the requirements on schools and teachers
then?
Teachers leading their own pupils in adventure activities, and assuming
the responsibility for their safety, will not have to be licensed. The
school should however, ensure that they are competent in the activity
which they are leading. The fact that they do not fall within scope of
the Regulations does not exempt them from their existing legal duty of
care, as a teacher.
Also, if the activity is one organised by the school, the Local
Authority or board of governors will, as employers, be subject to the
provisions of the Health and Safety at Work Act and the Management of
Health and Safety at Work Regulations 1992. They require employers to
assess the risks to teachers and pupils of any of their activities, and
to have in place measures ensure that their employees are sufficiently
competent to control these risks.
The guidance documents previously mentioned will also assist teachers to
carry out their duties in the correct manner.
Why not licence the entire range of activities on offer at a particular
centre, rather than just certain activities carried out there? Surely
this will be confusing for the public?
It is not the wish of government to increase the statutory remit of the
licensing scheme. However, the Licensing Service inspectors have always
acted as the eyes and ears of the health and safety inspectorate. They
are expected to bring any issues of which they become aware, to the
attention of the provider, and to the appropriate relevant authority, if
appropriate.
Possible Voluntary Schemes
Are any voluntary schemes envisaged?
A non-statutory approval scheme may be introduced at some stage to cover
all providers who wish to have accreditation for their safety systems
but who currently do not require licensing. Those who wish to become
involved in an approval scheme may include those who offer adventure
activities only to adults, those in the education sectors and maybe some
of the voluntary sector, as well as low hazard activities.
It is currently possible however, for providers of adventure activities
not falling within scope of the regulations, to assess their own
standards against nationally accepted standards of good practice. This
can be done by means of a Self-Assessment and Guidance Manual which can
be accessed via the following link:
http://www.aala.org/info_schools.html Other non-statutory inspection
schemes include the Wales Tourist Board's accreditation scheme for
activity providers, the Scottish Tourist Board's visitors attraction
scheme the Lake District Tourist Board Scheme, and various National
Governing Body accreditation/approval schemes.
General Information
Is the licensing scheme set in concrete, or will
it be reviewed?
The scheme will be kept under review. Before revisions are made the
government will consult with licence holders, other representative
organisations, and the public.
Will the regulations apply to centres overseas
which are operated by British Companies?
No, statutory regulations cannot apply outside of Great Britain for
legal reasons. I.e. British legislation does not apply outside the
boundaries of Great Britain and no remit exists for inspecting providers
of adventure activities operating in foreign countries.
|
