1.1 - The Lifeguard and the Law Flashcards
What is the role of the lifeguard?
To maintain a safe and healthy environment for swimmers.
How can a lifeguard fulfil their role? (7 ways)
- Maintaining a positive attitude
- Being professional
- Maintaining observation
- Providing good supervision
- Early intervention
- Accident prevention
- Rescue
What is accountability?
When something goes wrong, the law asks whether or not your actions were effective or ineffective and whether or not you adhered to your training and pool procedures.
How can a lifeguard be held accountable for their actions?
By always adhering to their training.
True or False? : There is not a direct law relating to the management of swimming pools.
True - There is no direct law relating to the management of swimming pools.
What is the main piece of legislation that applies to lifeguarding?
The Health and Safety at Work etc Act 1974
What are the implications of the Health and Safety at Work etc Act 1974 on lifeguards? (7 points)
- To take reasonable care of the health and safety of themselves and others.
- To contribute to safety arrangements and the development of PSOP.
- To immediately report any loss or defect in PPE.
- To cooperate with their employers to enable them to carry out their responsibilities.
- To not interfere with or misuse anything provided in the interests of health and safety.
- To adhere to your training and instruction when carrying out tasks.
- To notify your employer of any serious dangers to health and safety.
What are the implications of the Health and Safety at Work etc Act 1974 on your employer? (5 points)
- To protect the health, safety and welfare of employees and members of the public using the facility.
- To provide good training and supervision.
- To regularly carry out and review risk assessments.
- To develop PSOP and ensure all employees adhere to them.
- To provide and maintain safe and healthy working conditions, equipment and systems of work.
What section of the Health and Safety at Work etc Act 1974 relates to your responsibilities as an employee?
s.2
What section of the Health and Safety at Work etc Act 1974 relates to your employer’s responsibilities?
s.3
What is the overarching source of law in the UK?
Acts of Parliament
What allows for regulations to be made and enacted in law?
The Health and Safety at Work etc Act 1974
What are the 5 types of legal authorities relating to health and safety in the UK?
- Acts
- Regulations
- Guidance on Swimming Pool Management
- British and European Standards
- Industry guidance
What is the HSE document relating to the management of swimming pools?
HSG 179 - Managing Health and Safety in Swimming Pools
Is HSE guidance law?
No - but it can be used in court to consider whether or not operators have complied with acts and regulations.
What are British and European Standards?
Technical standards which buildings and equipment should be designed by.
Are British and European Standards law?
No - but they can assist operators in demonstrating that they have taken the necessary measures to comply with the legislation.
What is industry guidance?
Industry populations that assist operators in deciding what arrangements to have in place.
Is industry guidance law?
No.
Give an example of a British and European Standard that applies to lifeguarding.
BS EN 15288
What Acts of Parliament apply to lifeguarding? (5 Acts)
- Health and Safety at Work etc Act 1974
- Corporate Manslaughter and Homicide Act 2007
- Health and Safety (Offences) Act 2008
- Equality Act 2010
- Safeguarding Vulnerable Groups Act 2006
What are the implications of the Corporate Manslaughter and Homicide Act 2007?
Companies can be found guilty of corporate manslaughter as a result of serious management failures leading to a gross breach of a duty of care resulting in death.
What are the implications of the Health and Safety (Offences) Act 2008?
Courts are given greater sentencing powers for those who break health and safety laws, including greater fines and even prison sentences.
What are the implications of the Equality Act 2010?
Disabled people are given protection against discrimination.
Besides disabled people, who else does the Equality Act 2010 protect?
Carers and those wrongly perceived to have a disability.
What section of the Health and Safety at Work etc Act 1974 requires you as an employee to take reasonable care of yourself and anyone else affected by their actions?
s.7
What are the implications of the Safeguarding Vulnerable Groups Act 2006?
A vetting and barring scheme is put in place for people who work with children and vulnerable adults.
What are the 9 regulations that apply to lifeguarding?
- Management of Health and Safety at Work Regulations 1999
- Control of Substances Hazardous to Health Regulations 2002
- Restriction, Evaluation, Authorisation and Restriction of Chemicals 2008
- First Aid at Work Regulations 1981
- Manual Handling Operations Regulations 1992
- Personal Protective Equipment Regulations 1992
- Health and Safety (Safety Signs and Signals) Regulations 1996
- Electricity at Work Regulations 1989
- Fire Regulations
What are the implications of the Management of Health and Safety at Work Regulations 1999?
Your employer must have adequate risk assessments, health and safety arrangements and provide adequate training. You as an employee must cooperate with them.
Which regulation of the Management of Health and Safety at Work Regulations 1999 relates to risk assessments?
Regulation 3
Which regulation of the Management of Health and Safety at Work Regulations 1999 relates to health and safety arrangements (i.e. NOP)?
Regulation 5
Which regulation of the Management of Health and Safety at Work Regulations 1999 relates to arrangements for serious imminent danger (i.e. EAP)?
Regulation 8
Which regulation of the Management of Health and Safety at Work Regulations 1999 relates to contact with external services (i.e. EAP)?
Regulation 9
Which regulation of the Management of Health and Safety at Work Regulations 1999 relates to training?
Regulation 13
What are the implications of the Control of Substances Hazardous to Health Regulations 2002?
Employers must control substances hazardous to health. They must put in place procedures to reduce the risk of harm.