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Don't Get Caught Out by Health & Safety Muppetry!

 

  • What is reasonably practicable?
  • Health and Safety Expenditure- How do we know when enough is enough?
  • How can we successfully defend insurance claims and criminal prosecution?

 

The consultants at QLM are regularly contracted as expert witnesses for the Enforcement authority, claimants and defendants. A few examples below provide a guide to putting suitable and sufficient health and safety arrangements in place.

Defending Criminal Prosecutions

 

  1. An 8 year boy drowned in a public swimming pool in summer 2010. Our report supported by the Health and Safety Executive confirmed that the arrangements in place were more than suitable and sufficient, including staffing, training, risk assessments and normal and emergency operating procedures. The HSE agreed with our conclusions and whilst this was a tragic event, no further action was taken.
  2. Public swimming pool drowning of an 18 year old man in 2007. We were engaged as expert witness for the Enforcing Authority and our report identified shortcomings in the arrangements, including lifeguard positions and management of glare and lifeguard duty manager performance. The organisation was prosecuted and fined a six figure sum.
  3. Holiday Park drowning. QLM consultants are engaged on this case on behalf of the Holiday Park regarding the drowning of a 7 year old child in a swimming pool in 2010. The matter is ongoing. Further information will be released to QLM support service clients in due course. Click here for information on how to subscribe to the QLM Health and safety Support Service.
  4. Holiday Park near drowning 2006. The Holiday Park was prosecuted under the Health and Safety at Work etc Act for failing to ensure the safety of a 6 year old boy who suffered severe brain damage. Our Consultant worked for the HSE who brought a successful prosecution. The organisation was fined a six figure sum.

 

Civil Action

An organisation is far more likely to face civil action than criminal prosecution. Here are a few examples of QLM assisting organisations as an expert witness.

 

  1. Carol v Center Parcs. Slipping injury at the top of a waterslide led to the claimant pursuing damages which went to Court in 2005. Our report on behalf of Center Parcs identified that reasonable arrangements were in place in accordance with industry guidance. We recommended that the claim should be denied. The claim was successfully defended in Court.
  2. Hotel Spa -Gymnasium case. A shoulder injury to a user in the Gym led to the user seeking damages through the Courts. This claim was successfully defended in Court in 2009 after our report identified that the supervision and management arrangements of the gym were in line with industry guidance.
  3. Holiday Park Pool spinal injury. QLM are currently engaged on this case following a serious injury to an adult user in a diving accident in a Holiday Park pool.
  4. Ice rink injury. Currently engaged on a number of cases regarding the management of ice rinks where the key issues are adequate supervision and ice management.

 


So how can we successfully defend insurance claims?..

And criminal prosecution?

Whilst there are many elements involved in developing a due diligent approach to health and safety, it is important for an organisation to identify its current status including strengths and areas for improvement.

Two QLM services can assist an organisation to appraise its current position:

 

  • QLM LeisuresafeTM Certification

 

QLM LeisuresafeTM is a unique independent leisure and hospitality management award led by QLM and supported by Endsleigh Insurance services Ltd to recognise those sport, leisure or hospitality facilities that plan and implement a structured approach to health and safety management in accordance with legislative requirements and industry good practice.
For more information click here

 

  • Sport and Leisure Management Health and Safety Master Class

 

A one day workshop for managers run at your organisation covering best practice in health and safety sport and leisure management. Practical and reasonable operating standard in key activities are discussed and areas for improvement are identified through self assessment exercises.

  • Lessons from criminal and civil cases
  • Health and safety planned approach
  • Activity Safety
  • Risk reduction planning

 

This one day workshop for up to 16 persons is available for £750+vat and agreed expenses.

Want to know more?

Contact QLM Managing Director Peter Mills on 01451 861084 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

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