working at height pre-june

[misterbassman]

Hi everyone I was just wondering what the current regs were on working at height.

I know they are changing in june.

Im doing a concert next month with quite a lot of riggin to do and I just wanted to make sure we did everything correctly and most importantly safely.

(dont panic we have trained riggers present)

I just wanted an idea

[Brian]

As you can guess this is a huge subject. I'd suggest that if you follow the post-june regulations you'd be on-track.

[gil-galad]

As you are employing trained riggers I should hope this would not be a concern.

The HSE website is a mine of usefull information and event video explanations if you have a fast connection.

[kosma]

Hi I have been following with interest the new working at height regs. Was wondering if anyone could clarify if amdram societies are subject to the same laws. I am presuming that they are. After all safety is safety whether you are paid or not! I just need clarification so the committee stop whinging at me! Thanks

[Brian]

Was wondering if anyone could clarify if amdram societies are subject to the same laws.

Yes, the Health and Safety at Work Act applies to just about everyone. The HSE can, and do, prosecute companies, chairites, school govenors, compnay directors, individuals.... The HSWA, as well as applying to 'employees', applies to the Public as well.

 

HSE Enforcement Guide

 

An Unincorporated Association is an association or a body of persons that is not a corporation. An example is a sports or social club where the members contribute funds out of which the club expenses are paid. An unincorporated association has no legal personality at common law and therefore could not incur criminal liability, though its individual members could. However, the Interpretation Act 1978, SS. 5 and 11 and schedule 1, defines the word "person" in any Act or subordinate legislation to include, unless the contrary intention appears, "a body of persons corporate or incorporate". This provision applies, as far as unincorporated bodies are concerned, to Acts whenever passed and regulations subordinate to such Acts made since 1889. Unincorporated associations are therefore "persons" and liable to be convicted of any offence where the definition uses the word person. This would include section 4, HSWA.

[Ellis]

This would include section 4, HSWA.

For those who have not read the Health and Safety at work, etc, Section 4 is the etc. Its original purpose was to regulate laundrettes and such like, where there may be no employees.

 

The act can be found here.

 

My understanding is that on any premeses other than a domestic home, persons must be able to enter and leave safely, and any equipment and substances provided by the owners of the premeses must be safe to use.

 

This means that access equipment provided by a venue do come under the act, but an individual using equipment taken into a venue would not. However if the owner/operator of the venue has any employees (e.g. caretaker). The full force of the act applies to them and, if they have any sense, will enforce it on a visiting amateur company. I have personal experience of this in an entirely volunteer-run Theatre - The production LX were quite rightly condemned under Section 4

 

Two points to note about section 4:

 

1) If you live in a block of apartments, the communal hallway is non-domestic and therefore falls under this section, so the electrics, carpet, stairs, pathways etc must be safe.

 

2) It is a proven fact that both alcohol and cigarettes cause harm to the health of human beings. Thus soemone providing (i.e. selling) either for use on non domestic premeses is breaking the law. In other words a publican could be prosecuted for selling alcahol under section 4. Lucky for those of us who like the odd tipple, no-one at the HSE has decided to try this in court yet

[kosma]

Hmmm... think I get it. So am I right in thinking that if we take our own ladders into the venue to rig lights 30ft off the ground we wouldnt have to comply with the act? Or if we use our own scaffold tower for follow spots we are ok too?

And it is the venue that is responsible for H&S not us, the visiting am dram company?

[Brian]

And it is the venue that is responsible for H&S not us, the visiting am dram company?

The HSE might take the view that both are responsible. Certainly the venue will be seen as an employer since they almost certainly pay someone to clean. The problem is the am dram company, even though they do not pay anyone, might still be considered as an employer with you being the public and covered by section 4.

 

In fact, the venue should probably stop you from using your own equipment if it is not safe.

 

Like many things H&S it may not be clear cut and is unlikely to be so unless tested in court. The link I posted is the document HSE use to decide if/who/how to prosecute and is the best available advice to decide what would happen in the event of an accident.

 

However, since most H&S regulations are there to prevent accidents, do you really want to expose yourself and others to the possibility of an accident, irrespective of if the HSWA applies to you?

[gareth]

And it is the venue that is responsible for H&S not us, the visiting am dram company?

Everybody is responsible for health and safety.

[Ellis]

...might still be considered as an employer with you being the public and covered by section 4.

The point of section 4 is that is covers everyone in control of non-domestic premeses, not just employers. As far as I am aware it is the only piece of primary H&S legislation that goes that far, but it is enough to cover 99.9% of the situations where an employer is not involved.

 

Even if a village hall, for instance, employs no-one, someone is in control of it!

 

Recent HSE regulations and publications are beginning to cover voluntary organisations specifically.

 

In theatre it is the licensing authority that has responsibility for enforcement of the Health & Safety regulations. The authorities I have come across have made compliance with the Health & Safety regulations a condition of the licence.

[Jivemaster]

In an unincorporated body you are all and singularly responsible and liable. Comply with the act its your life and limbs you are talking about.

[Chris Higgs]

The ABTT have recently produced a comprehensive technical rider which amateur societies would benefit from seeing; to understand the issues that the venue have to consider. If you let the space, there are a lot of things you need to know you are responsible for. The venue has a duty of care over what you do because it is their space and there are obviously licensing requirements as well.

As someone else has said, you are definitely governed by the Act, you do have be able to work safely and it does scream out for early and detailed liason with the venue staff.

NODA also have a safety document that although well intentioned is a little over simplified and matey. It is a serious issue and amateurs would be treated in a similar way to the professionals (whoever they are) if the something ugly happens.

[kosma]

Thanks loads everybody. I have been battling with my amdram committee for ages over this issue. You have given me LOADS of ammunition!

Thanks Chris - I have a copy of ABTT tech rider and have shown it to the chairman who is more amenable than most other members of our commitee.

Rest assured that we will be complying in future! :D