Wednesday, 08 June 2011 18:43

H&S MANAGEMENT June 2011

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Knock out staff events


You want to organise a fun event for staff in the summer, but you’re concerned about the health and safety implications. Is it really as impossible as it seems to have fun without the risks of being sued?

Over cautious


Read the tabloid press and you’d think that the fun police have put a stop to every type of outdoor event you might have wanted to take part in. Whether it’s cheese rolling, bonfires, quad biking, or a simple barbeque, it all seems to be fraught with difficulty, particularly for the organisers. However, there’s a major drive by the HSE and other safety bodies to shout down these crazy safety decisions. The problem we have is that whilst those in power may take a liberal line, you can’t be sure what a judge might think if someone made an injury claim as a result of one of your events. Or can you?

 

Put to the test


A case heard earlier this year in the High Court gives a good insight into how far you need to go when managing the risks of more adventurous team events. The particular circumstances involved an “It’s-a-knock-out” style tournament organised for the RAF. The game was a type of relay race in which members of each team had to retrieve pieces of plastic fruit floating in a paddling pool. However, the event didn’t go to plan. One of the contestants, Robert Uren – following the lead of others before him – chose to enter the pool by sliding over the side head first. Tragically, he hit his head on the bottom, broke his neck and was left paralysed.

 

Decision


Although the case did get taken to court, the judge concluded that the organisers were not at fault. He said “a balance has to be struck between the level of risk involved and the benefits the activity confers on the participants” He recognised that the fun of the game was down to the physical challenge involved.

 

So you can get stuck in…….

Yes. But you have to make sure that you do it properly.

 

Tip 1. Make participation in any potentially dangerous event voluntary. This is particularly important as doing so changes the legal position of the event, i.e. you’ll be under a greater duty of care if an event is mandatory.

 

Tip 2. To protect yourself, ask staff to sign to say that they understand the risks involved and are taking part voluntarily. The disclaimer should include: (1) details of the event; (2) a brief description of any hazards identified; (3) an agreement that they are fit to take part, understand the risks and accept responsibility for their actions; and (4) an undertaking not to hold you liable.

 

Do it properly


Regardless of the legal position, you need to ensure that the event is managed in a safe manner. After all, you don’t want staff to be injured, regardless of who’s to blame. For this reason, the best option is to use experienced event organisers. They should be well used to minimising risks appropriately, whilst ensuring staff enjoy any event.

Tip Before employing an event organiser, check they hold appropriate Public Liability Insurance.


There’s nothing stopping you from arranging an event which may have risks involved. However, if you  do, make participation voluntary, inform staff of the potential risks involved and ask them to formally agree to take part. Also, use an experienced events firm – they’re best placed to run it in a safe manner.

 

Source and Ref: © 2010 Indicator Limited