Regulations

Sections 3 and 4 of the Health and Safety at Work etc Act 1974 establish clear duties on any employer in relation to persons not in their employment and in relation to aspects of the safety of the workplace.

Definitions

Controller of the premises

The controller of the premises is the person who has day to day control of the premises.

They can be the premises owner or his agent or an occupier or a site manager working on the premises.

The workplace

"The workplace" can be defined as any premises that are not domestic premises and are available to any person as a place of work including areas of both access and egress to that place e.g. a depot or workshop and the site of work e.g. parks, schools, open spaces and sports arenas.

Responsibilities

The controller of the premises is responsible for ensuring the safety of the all persons whilst they on the site e.g. employees, other workers and subcontractors and visitors.

In the course of sports groundsmanship, contact with others is an every day event either as a result of direct communication or as a result of the operations being carried out.

Control of the site with regards to members of the public primarily falls to the controller of the premises.

It should be recognised that, in practical terms:- grounds maintenance managers and head grounds men, have a devolved duty of care to ensure that the operations over which they have control do not in any way cause harm to the public and others e.g. spectators, other company's employees, contractors and players.

Within this scenario groundsmen have control within the limits of the site, but are also required to ensure that activities will not endanger the general public or others either during work times or after work has been completed for the day e.g. the leaving of 'traps'.

In this respect this may mean:

  • Ensuring appropriate communication is maintained with all parties concerned with operations.
  • Ensuring that suitable and sufficient risk assessments are carried out.
  • Ensuring that safe systems of work are practised.
  • All work equipment is suitably used parked or stored so as not to cause injury to others e.g. spikers stored near to boundaries.
  • Ensuring that all appropriate emergency procedures are understood by all concerned.

Reference

The Health and Safety at Work etc Act 1974 Sections 3 and 4