Frequently asked questions (FAQs)

A project includes construction work and involves all planning, design, management or other work undertaken up until the end of the construction phase. In the context of an event/production, you have the flexibility to treat the whole event/production as one project eg the build and takedown phases combined. Alternatively, you can treat construction activity as separate projects within an event/production.

Construction work is defined in CDM 2015, Regulation 2(1)^[1]. The definition is broad and covers work of any scale and complexity. However, you should always take a proportionate approach to managing the risks involved. 

No. If an investor just provides money, a loan/grant for an event/production and is not someone for whom a construction project is carried out, then they are unlikely to be a CDM client. For guidance about what to do if it isn't clear who a CDM client is, see HSE's sector specific CDM 2015 guidance^[2].

Foreign clients under CDM 2015 are treated the same as UK clients for work which they undertake in the UK.

CDM 2015 defines a client as anyone for whom a construction project is carried out. This definition includes both non-domestic (commercial) and domestic clients ie anyone for whom a construction project is carried out, which is not done in connection with a business.

For domestic clients, their duties are transferred onto other duty holders. So, depending on the arrangements, CDM client duties will be transferred to the wedding venue/planner and/or construction contractor. Compliance with their own duties as a CDM contractor will be taken as compliance with the relevant CDM client duties. In practice, this should involve little more than what they normally do in managing health and safety risks.

If the happy couple carry out the work themselves, CDM 2015 does not apply.

As the organiser, co-operate with and co-ordinate your contractors work by asking them what information they need about the event and what resources they need to help them do their work safely. Provide what information is needed and the resources they require.

CDM 2015 applies to construction projects, including those undertaken at creative arts training establishments. In practice, this should involve little more than what they normally do in managing health and safety risks.

The venue appointing organisations/individuals must take reasonable steps to satisfy themselves that those appointed have the necessary skills, knowledge and experience to undertake the relevant CDM roles and functions. An organiser would be expected to take reasonable steps to ensure this had been done by the venue.

Organisations and individuals appointed must not carry out work in relation to the project unless satisfied that the venue is aware of their duties under CDM 2015.

The venue would normally hold the role of a CDM designer and/or contractor, providing services into the production as required. For example, the venue may need to provide a producing company with information like permissible floor loadings to assist with design and build work. Also, venue staff often take an active role in helping a producing company/event organiser with their management of the 'get in' and 'get out' phases of a show. So, proper cooperation and coordination between those involved is essential.

CDM 2015 doesn't change the venue's duties in relation to licensing.      

If you have input to the physical design of the structure, then you will have CDM designer duties. You will also have CDM contractor duties during the assembly of the structure on your site. In practice, this should involve little more than what you normally done to manage health and safety risks.

CDM doesn't apply to the task of manufacturing individual components.

Fairground rides are pieces of work equipment. The Provision and Use of Work Equipment Regulations 1998 require all work equipment to be regularly inspected. Fairground rides must therefore be checked to ensure they are safe in all aspects for carrying members of the public and this should be done at least once per year. 

No. It's up to you to ensure you book your ride inspector in good time and make sure there is no gap in your tests. You should not run your machine when it has not undergone its proper, regular test by a competent person.

No. There are rules about what has to be reported, and when and how this is done. These rules are different, depending upon whether the accident happens to yourself, one of your employees or a member of the public. If you're not sure about what should be reported, see: RIDDOR – Who must report an incident?^[3]

Only certain types of accident should be reported to HSE and only an employer, the self-employed or the person in control of premises can do this. For details on what should be reported, see: RIDDOR – Who must report an incident?^[4]

If you are a member of the public and concerned about whether your accident has been reported, you should first try to find out whether the ride owner has done this. If they haven't, or you can't find out from them, you should make a complaint to HSE. To do this, see: Complaints about workplace health and safety^[5].

Under the Health and Safety (Enforcing Authority) Regulations 1998, the local authority is generally the enforcing authority for leisure activities. However, where the local authority owns, occupies or controls activities or equipment – such as local authority swimming pools or leisure centres – the enforcing authority is HSE. Leisure facilities in educational establishments and at Ministry of Defence premises are also regulated by HSE.

Yes, but the relevance of the guidance depends on individual circumstances. For example, the guidance will be relevant to any paddling pool which forms part of a larger swimming facility (and is therefore included in the pool safety operating procedure for the entire complex).

Where a paddling pool is free standing (eg in a park), the general guidance will be less relevant. However, you should still read the following sections carefully:

• General management of health and safety
• The practicalities of managing health and safety

You should also read the specific advice in paragraph 264 relating to paddling pools.

Given the wide range of pool facilities and the ways pools are used, it is not possible to make specific recommendations for lifeguard numbers. Pool operators need to consider how many lifeguards are required or whether constant poolside supervision is required. This is done through a risk assessment, and aided by the guidelines set down in HSE's Managing health and safety in swimming pools.

A risk assessment may find that constant supervision is not required. In these circumstances, a member of staff will need to be 'on call' and able to respond immediately to emergencies whenever the pool is in use. It is essential that these staff are trained in pool rescue, CPR techniques and first aid.

No, HSE do not approve any lifeguard training courses.

The requirement for lifeguards at swimming pools will be determined by a risk assessment. Health and safety law does not prescribe any particular training course or qualifications for lifeguards but they must be competent to carry out their duties.  This means they must have the necessary knowledge, skills and experience to do the job properly.

Possession of a current qualification issued by an appropriate national body, is a recognised way of demonstrating an appropriate level of competence. If pool operators can find an alternative and equally effective means to ensure the competence of their lifeguards then they are free to do so.

Appendix 7 of HSG179 – Managing Health and Safety in Swimming Pools, provides addresses of relevant organisations, including addresses of organisations providing lifeguard training. This list is not exhaustive and inclusion in this list does not confer any endorsement by HSE. HSG179 is currently being revised in consultation with swimming pool industry stakeholders. HSE do not intend to include the detail of Appendix 7 in the revised draft.

The law imposes no specific restrictions. However, as part of their risk assessment, pool operators need to consider the number of young children (under the age of 8) who can safely be allowed into the pool during unprogrammed sessions, when under the supervision of one adult.

When making this decision, pool operators need to look at factors such as the physical attributes of the pool tank (eg size, gradient of depth), the pool environment (eg access routes), staffing levels and, where possible, the swimming capabilities of the children.

Disinfection of swimming pools is essential for ensuring that bathers are not exposed to risks from harmful micro-organisms. In properly managed swimming pools, the risk of bathers or employees being exposed to harmful levels of these chemicals or their by-products will be low.

The Pool Water Treatment Advisory Group (PWTAG)^[6] produce detailed guidance on swimming pool water quality and treatment. This is considered by regulators (HSE and local authorities) as the standard to be achieved in an effectively managed swimming pool.

Chemicals used in swimming pools come under the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH). As a pool operator, you must carry out a COSHH assessment to protect your workers and visitors against health risks from any hazardous substances used in the course of your work.

After assessing the risks, you should decide what precautions are necessary to prevent or control exposure. You will need to record and monitor these control measures to ensure they are used and maintained. You must also ensure that your employees are properly informed, trained and supervised.

For further information, see:

• Managing health and safety in swimming pools^[7]
• Pool Water Treatment Advisory Group (PWTAG)^[8]
• The Control of Substances Hazardous to Health Regulations 2002 (as amended). Approved code of practice and guidance^[9]

In pools with only one sump outlet, there may be the risk of a pool user  covering the outlet with part of their body and being held by the suction effect of the pump. In such cases, pool operators should make suitable safety modifications to their swimming pools.

A number of alternative improvements are possible, such as:

• the installation of a second outlet sump, located a sufficient distance away so that any lone swimmer could not cover both outlets
• provision of a pressure-operated interlock switch on the pump, which will isolate the pump if a significant change in suction pressure is detected
• provision of a second outlet line from a spillway or drain, which is permanently open to the suction line

In all pools, grille covers should be securely fixed across the sump outlet.

Risk assessment is simply a careful examination of what could cause harm to people, so that you can decide whether you are doing enough to prevent that harm.

 A risk assessment is not about creating huge amounts of paperwork, but rather about identifying sensible measures to control the risks in your club. The law does not expect you to remove all risks, but to protect people by putting in place measures to control those risks. You are probably already taking steps to protect your employees and others who may be affected by your club activities, but your risk assessment will tell you whether you should be doing more.

You only need to do a risk assessment if you are an employer or a self-employed person. If you have fewer than five employees you don't have to write anything down but it is a good idea to keep a record. For further guidance, see health and safety basics for your business^[10].

If you are hiring a facility to play sport and/or hold an event, then as users you may have a duty to manage risks, so far as reasonably practicable, arising from your own activities. The extent of your duty will depend on the degree of control you have over of the premises and any substances and plant (sports equipment) provided for use there.

Owners and/or those responsible for managing a hired facility will also have a duty to make sure the facility provides a healthy and safe place for people to use. We have developed a simple checklist (PDF) ^[11], which summarises the areas you may need to consider if your organisation owns or has responsibilities for managing premises like a changing room or clubhouse.

There is no need to duplicate work and/or create unnecessary paperwork. As a user, all you need to do is familiarise yourself with the owner/manager's facility checklist and, if necessary, supplement it with your own assessment of any significant risks.

Generally, you need to do everything 'reasonably practicable' to protect people from harm

This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk.

You only need to do a risk assessment if you are an employer or a self-employed person. However, this shouldn't be necessary before every session unless something significant has changed which could lead to a new hazard, in which case it would make sense to stop and review what you are doing.

A voluntary organisation will be an employer if it has at least one employee. An employee means an individual who works under a contract of employment or apprenticeship, whether express or implied and, if express, whether oral or in writing.

The courts have shown a willingness to accept that a person could be considered an employee even if they pay their own tax and national insurance. If they are at work and under the day-to-day control of an employer with regard to what to do and where to do it, then that may be enough.

For the purposes of health and safety law, volunteers cannot be regarded as employees because there is no 'mutuality of obligation', which is necessary to form part of the required 'master-servant' relationship. For an explanation of specific categories of workers^[12].

Volunteer staff will not have duties under the Health and Safety at Work etc Act 1974, other than a duty not to misuse or interfere with items provided by an employer for health and safety reasons. Note that a duty of care under the common (civil) law^[13] may apply.

Disclosure and Barring Service (DBS) checks are not a requirement under workplace health and safety law. For details about the relevant legislation and who needs them, contact the Disclosure and Barring Service^[14]. In Scotland, this service is dealt with by Disclosure Scotland^[15].

There are many NGBs for sports and other activities such as rugby, football, swimming, mountaineering, caving and canoeing.

It is not compulsory to follow NGB health and safety guidance and you are free to take other action. However, competitors/players taking part in competitions and/or training are generally subject to the rules set down by NGBs. These rules will include topics like supervision (coaching staff to player ratios) and training, plus 'in play' emergency procedures and medical provision. Some of these rules and procedures may go beyond the requirements of workplace health and safety legislation.

Most sporting bodies and networks are member of the Sport and Recreation Alliance (SRA). Their contact details can be found by going to the SRA website^[16].

Both HSE and Local authorities are responsible for enforcing the Health and Safety at Work Act 1974 and its subsidiary regulations. Together we ensure that employers / self-employed and those in control of premises like a clubhouse and changing rooms manage the risks to their staff and those affected by club activities. For the most part, local authorities will be responsible for enforcing the law in respect of club activities.

As land and property owners, local authorities will also be employers in their own right with legal responsibilities. Where this is the case HSE is responsible for enforcing the law.

The phrase 'health and safety' is commonly used to refer to a number of topics that aren't covered by the Health and Safety at Work Act 1974 and its regulations. Local authorities are responsible for many of these broader public health, safety and environmental topics eg food safety/hygiene, pollution/recycling and entertainment and sports grounds licensing.

The aim of adventure activities licensing^[17] is to provide assurances to the public about the safety of those providers who offer licensable activities to young people.

There are four categories of activities that are covered by licensing – caving, climbing, trekking and water sports. Generally, members clubs do not require a licence, but if they have any doubt they can contact the licensing service for advice.

Depending on the risks involved, a club may require public liability insurance^[18]. If the club is an employer, it will require employers' liability insurance^[19].

Some clubs may require licenses from local authorities for matters that are not covered by the Health and Safety at Work Act 1974 and its regulations. You can get advice on licensing from your local council for England and Wales^[20] and for Scotland^[21].

Licensing of an event is not covered by the Health and Safety at Work Act 1974 and its regulations.

 If you are organising a temporary event for 500 people or more and want to serve or sell alcohol, provide late-night refreshment, or put on regulated entertainment, you may need to complete a temporary event notice. For further guidance on licensing an event, speak to your local council. Additional guidance is also available for England and Wales^[22] and in Scotland^[23].

COSHH will be relevant to voluntary organisations that:

are employers (who have duties under COSHH -  in addition to those towards employees – towards people who are affected by the work done by the employer); 

or

who are not employers but who use substances or products in non-domestic premises that are hazardous to health eg cleaning products. For further guidance on what to do, see the cleaning^[24] sections of HSE website.

Public safety at a sports ground is primarily covered by the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987. The local authority administer this primary legislation and any associated safety certification. More information can be obtained by contacting the relevant local authority for the ground in question.

There may be circumstances in which moving an occupied Tallescope may be justifiable but these should be very rare, and even then only in accordance with a system of work. There is a hierarchy of methods for working at height, which expects you to use the safest method if reasonably practicable, and there are safer ways of working at height than using a Tallescope. Advice on training and the use of Tallescopes can be obtained from the manufacturer or from the Association of British Theatre Technicians (ABTT)^[25]

No. If you need to have people working at height then you must have a system in place to get them safely to the ground yourself, if the need arises. Bear in mind that the person may be unconscious, there may be no electricity, there could be a fire, etc. If the fire brigade are available they will certainly assist but you must assume they may not be and plan accordingly.

Yes. Whether or not the self-employed artists use hearing protection is a matter for their own risk assessment but, as an employer, you are responsible for ensuring that your employees are not exposed to levels of noise that may damage their hearing. You must conduct an assessment of the noise levels and decide on methods to control the risk. If you decide that personal protective equipment, such as hearing protection, should be one of those methods then you must provide and pay for it. Further advice can be found in: Sound advice^[26].

No. These Regulations apply only to people working in the venue so they will not apply to members of the audience.

The Work at Height Regulations 2005 require employers to take steps to ensure that people can't be hurt by falling objects. This involves assessing the risks and taking action to control them. If the theatre's risk assessment suggests this is best managed with steel wire rather than chain then they have a duty to implement that control. As an employee, you have legal duties to co-operate with your employer to ensure they can comply with their duties.

No. Neither the power cable nor the connector have been designed or tested to ensure they can take the weight of the lamp as a shock load. This is particularly important in the case of the cable as it may suffer internal damage, not visible within the insulation, that could lead to a dangerous condition.