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E109:05 22 August 2005
HSE clarifies health and
safety responsibilities for public paddling pools and tidal pools
The Health and Safety Executive (HSE) has issued a
note clarifying guidance for managing health and safety in public paddling
pools, tidal pools and segregated areas of rivers, lakes and the sea. HSE
has issued the note in response to requests from operators of such facilities
to make clear their responsibilities.
The note will accompany HSE’s existing guidance, Managing Health and Safety
in Swimming Pools (HSG179). HSG179 applies primarily to the safe management
and operation of swimming pools. The new note does not replace any of the
guidance contained in HSG179 but is intended to clarify for both operators
and users the legal requirements relating to other sorts of pools and swimming
facilities.
In a question and answer format, the note addresses key questions that managers
have raised, such as “Does HSE guidance apply to paddling pools?” and “Does
HSG179 apply to swimming in open water?” The note emphasises the need for
pool operators to carry out a risk assessment and implement precautions based
on the findings of that assessment.
Justin McCracken, Deputy Director General of HSE, said: “ Sensible health
and safety is about managing risks, not eliminating them. Proper risk assessment
should result in precautions appropriate to the particular circumstances.
“HSE aims to be open and helpful. We recognised that some managers believe
that health and safety law may impose excessive restraints on the way facilities
such as paddling pools are used, so we have issued this note to clarify their
responsibilities.
“ HSE believes that swimming and paddling pools are valuable recreational
facilities and learning to swim is a vital part of children’s education.
It would be a sad day if misplaced risk aversion deprived them of such opportunities.
“If people choose to swim in open water where swimming is not actively encouraged,
it is reasonable to assume that they take greater responsibility for their
own personal safety.”
The clarifying note can be downloaded from the HSE web site at http://www.hse.gov.uk/entertainment/swimpools.htm.
It will also be included with all purchases of HSG179.
Notes to Editors
1. There are no specific health and safety regulations covering swimming
pools, paddling pools or areas of open water. The Health and Safety at Work
etc Act 1974 requires employers to conduct their undertaking in such a way
as to ensure, so far as is reasonably practicable, that the public is not
exposed to risks to their health and safety. This general duty is supplemented
by the Management of Health and Safety at Work Regulations 1999 which require
employers to assess risks to the public and decide what measures should be
taken.
2. HSG179, like other HSE guidance, is intended to help dutyholders meet
the requirements set out in health and safety legislation. Following the
guidance is not compulsory and dutyholders are free to take other action.
If they do follow the guidance, they will normally be doing enough to comply
with the law.
Public Enquiries: HSE InfoLine, tel: 0845 345 0055, visit: www.hse.gov.uk/contact
or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.
Press Enquiries: Journalists only: Karen Eldridge 020 7717 6219
Out of hours 020 7928 8382
