managing health, safety and food hygiene - … ·  · 2016-11-29guidance note 1 for clubs with...

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www.rya.org.uk © Royal Yachting Association Updated: February 2008 Page 1 of 34 MANAGING HEALTH, SAFETY AND FOOD HYGIENE - ASHORE - GUIDANCE NOTES FOR RYA AFFILIATED CLUBS GUIDANCE NOTE 1 FOR CLUBS WITH PAID EMPLOYEES These guidance notes provide a brief introduction to Health and Safety requirements and have been produced to help committees and secretaries of RYA Affiliated Clubs check that their procedures for managing Health and Safety are sufficient to ensure the safety of anyone using their premises and equipment. Clearly some Clubs will need to look at Health and Safety in more detail than others. To help Clubs determine which level of compliance applies to their location we have divided these notes into specific sections which should make it easier to determine just what does and does not apply to your Club. In addition to the Common law duty that applies to each Club officer, committee member, safety boat driver etc. to take reasonable care not to cause damage or injury to others, the Health and Safety at Work Act creates statutory obligations that may apply to certain activities within certain clubs. Clubs with paid employees: These Clubs fall within the main scope of the Act and are required to ensure safe systems of work and a safe working environment for their staff and others using the premises where the work takes place. Therefore, if a Club employs a secretary and a steward the requirements of the Act apply to activities in and around the Clubhouse, but not on the water. The prosecution of a prominent inland Sailing Club in 1998 may serve as an object lesson for all Clubs employing staff for on water activities or giving work experience to young people. An accident occurred in which a RIB driven by an unqualified 15 year old, on work experience, went out of control and injured the passenger (the driver's school friend). After the accident the kill-cord was found to be still in place. In court the Club pleaded guilty to failing to provide adequate supervision and a safe system of work. Although the Club had co-operated actively with the local Environmental Health

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Page 1: MANAGING HEALTH, SAFETY AND FOOD HYGIENE - … ·  · 2016-11-29GUIDANCE NOTE 1 FOR CLUBS WITH PAID ... SEE RYA GUIDANCE NOTE 3 SEE RYA GUIDANCE NOTE 1 . ... Reviewing the risk assessment

www.rya.org.uk © Royal Yachting Association Updated: February 2008 Page 1 of 34

MANAGING HEALTH, SAFETY AND FOOD HYGIENE

- ASHORE -

GUIDANCE NOTES FOR RYA AFFILIATED CLUBS

GUIDANCE NOTE 1

FOR CLUBS WITH PAID EMPLOYEES

These guidance notes provide a brief introduction to Health and Safety requirements and

have been produced to help committees and secretaries of RYA Affiliated Clubs check that

their procedures for managing Health and Safety are sufficient to ensure the safety of

anyone using their premises and equipment.

Clearly some Clubs will need to look at Health and Safety in more detail than others. To help

Clubs determine which level of compliance applies to their location we have divided these

notes into specific sections which should make it easier to determine just what does and

does not apply to your Club.

In addition to the Common law duty that applies to each Club officer, committee member,

safety boat driver etc. to take reasonable care not to cause damage or injury to others, the

Health and Safety at Work Act creates statutory obligations that may apply to certain

activities within certain clubs.

Clubs with paid employees:

These Clubs fall within the main scope of the Act and are required to ensure safe systems

of work and a safe working environment for their staff and others using the premises where

the work takes place. Therefore, if a Club employs a secretary and a steward the

requirements of the Act apply to activities in and around the Clubhouse, but not on the water.

The prosecution of a prominent inland Sailing Club in 1998 may serve as an object lesson

for all Clubs employing staff for on water activities or giving work experience to young

people.

An accident occurred in which a RIB driven by an unqualified 15 year old, on work

experience, went out of control and injured the passenger (the driver's school friend).

After the accident the kill-cord was found to be still in place.

In court the Club pleaded guilty to failing to provide adequate supervision and a safe system

of work. Although the Club had co-operated actively with the local Environmental Health

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Officers throughout the investigation and took prompt measures to prevent a repetition, the

Magistrates imposed the substantial penalty of £2000 and costs of £5500.

Clearly, where any staff or work experience youngsters are employed, clubs should remind

themselves that they have a duty to take reasonable steps to ensure that the working

systems are safe and (in the case of work experience), adequate supervision and discipline

is provided.

It has been argued that the Act applies to the activity, even when a paid employee is not

present, and Clubs with employees are advised to ensure compliance with the Health and

Safety Act at all times.

Clubs providing equipment for members:

Irrespective of whether staff are employed, the provision of cranes, winches, escort boats

or other equipment for use by the members creates a statutory duty to ensure that the

equipment is safe to use and is used safely. This means that it must be properly specified

and suitable for its purpose and that formal arrangements are in place for regular

maintenance to ensure the equipment remains in good safe working order at all times.

Where appropriate, Club members should receive adequate instruction in using the

equipment safely and that any breakdowns or defects are reported and promptly rectified.

Clubs with no employees or equipment:

It is unlikely that the Health and Safety at Work Act will apply at all. But remember, the Act

only lays down statutory duties; A Common Law (i.e. non statutory) duty of care towards

others applies to all those who either visit, work, or are affected by a Clubs activities.

Clubs that sell food:

There are Food Safety requirements whenever a club sells food – including giving it as a

prize or a reward! This applies whether there are employed food handlers or not and

volunteer club members preparing food are equally subject to the legal requirements.

HOW THIS APPLIES TO RYA CLUBS

SAFETY ASHORE

This guide has been specifically produced to help all RYA Affiliated Clubs look afresh at their

shore based procedures. To check that these procedures adequately cover both their

statutory duties and the non-statutory "duty of care" requiring club members to act

responsibly.

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SAFETY AFLOAT

Whilst these guidance notes equally apply to the safety of your members when afloat,

separate specific advice on managing safety during Club sailing and boating activities is

available from the RYA through the RYA website www.rya.org.uk

What should our Club be doing about Health and Safety ashore?

First, let’s start with some questions to help you determine which parts of this guide apply to

your Club

Does your Club have paid employees?

YES

Does your Club have premises or equipment for use by members?

YES

Does your Club provide food or drink for members or visitors?

YES

RYA GUIDANCE NOTE 1

CLUBS WITH PAID EMPLOYEES

All private member Clubs with paid full time or part time employees are obliged to comply

with the Health and Safety at Work Act 1974. This places general duties on the employer to

ensure, "so far as reasonably practical" the health and safety of all their employees and

other persons who may be affected by the club's activities.

Enforcement of the Health and Safety at Work Act 1974 (HSAW) is split between the Health

and Safety Executive (HSE) and Local Authority (LA). The HSE generally enforces the Act

in industrial premises with LA’s having responsibilities in all other areas including

recreational activities such as Yacht and Sailing Clubs. It is normally Environmental Health

Officers (EHO) who are appointed as inspectors to enforce the provisions of this Act. More

often than not these EHOs are also responsible for enforcing Food Safety and Food Hygiene

regulations. For that reason it is useful for Clubs to think about their responsibilities for

HSAW and Food Safety at the same time.

To help you start assessing your own club's compliance with the regulations that are most

likely to apply to your shore based club activities, we include below a list of the Regulations

SEE RYA GUIDANCE NOTE 2

SEE RYA GUIDANCE NOTE 3

SEE RYA GUIDANCE NOTE 1

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and a summary of their requirements. Our aim here is to try and place these formidable

looking requirements into the context of your Club and to provide practical guidance on their

sensible implementation.

HEALTH AND SAFETY REQUIREMENTS APPLICABLE TO CLUBS WITH EMPLOYEES

HEALTH AND SAFETY AT WORK ACT 1974

THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1999

WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998

LIFTING OPERATIONS & LIFTING EQUIPMENT REGULATIONS 1998

MANUAL HANDLING OPERATIONS REGULATIONS 2002

HEALTH AND SAFETY (DISPLAY SCREEN) REGULATIONS 1992

PERSONAL PROTECTIVE EQUIPMENT AT WORK REGULATIONS 1992

HEALTH AND SAFETY (FIRST AID) REGULATIONS 1981

CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGs. 2002

HEALTH & SAFETY INFORMATION FOR EMPLOYEES REGs. 1989

ELECTRICITY AT WORK REGULATION 1989

REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURRENCES REGULATIONS 1995 (RIDDOR)

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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Health and Safety at Work Act 1974

Purpose:

This sets out the general obligations of the employer.

The Club as the employer has duties as far as is reasonably practical to:

1. Ensure the Health, safety and welfare of your employees and contractors carrying

out work or visiting the Club premises.

2. Protect all other persons against risks to health or safety arising out of the

activities of persons at work or having access to the premises.

3. Control the keeping and use of dangerous substances.

4. Provide a safe place to work, and a necessary means of access and egress, with

proper systems of work and safe equipment and plant, supported by information,

training and supervision.

What should the Club do about this?

A club, which at any time has 5 or more employees, must write a Health and Safety policy.

This should be given to employees and displayed on the club premises.

Most regular users of the club are not employees. However, it is good practice to make sure

they also are told about the policy.

A Health and Safety policy should consist of

A policy statement stating the club's intention to provide a safe environment.

An explanation of how safety management is organised.

Details of specific arrangements for health and safety.

A club with fewer than 5 employees is not required by law to write a Health and Safety policy;

however it is a good practice to do so in order to provide continuity when members leave.

Procedures for safe working should be in place. These should relate to employees' specific

activities and to the effect these activities may have on the safety of others.

See Appendix 1

'Model Health and Safety policy for clubs'

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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The Management of Health and Safety at Work Regs.

Purpose:

These Regulations have been designed to encourage, through the use of Risk

Assessments, a systematic and consistent approach to managing health and safety. They

apply to all employers whatever type of work is carried out or the level of risks involved.

What should the Club be doing about this?

The Club must assess both the risks to employees while working and the risks to others

using the club or becoming involved in its activities. This means:

Carrying out an assessment of potential safety hazards and risks. The purpose of this assessment is to identify the preventative and protective measures necessary to adequately control the risks noted: e.g. risk of fire on the Club premises.

Revising the Club's safety policy to incorporate the information found in the risk assessment.

Recording the findings of this assessment where 5 or more people are employed.

Reviewing the risk assessment at regular intervals and informing staff of any changes to procedure that may be necessary.

Ensuring the Club has a procedure for serious and imminent danger, such as fire, and drowning.

Making sure the Club has provided health and safety training and information to employees.

When necessary reminding employees and members that they too, have a responsibility to take care of themselves and others and to co-operate with the Club by complying with safety requirements.

See Appendix 2

Guide notes on “How to carry out a Club Risk Assessment”

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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Workplace (Health, Safety and Welfare) Regulations 1992

Purpose:

These regulations replace a number of old and often excessively detailed laws and aim to

ensure that workplaces meet the health, safety and welfare needs of all members of a work

force, including people with disabilities. The Regulations apply to any work premises,

including an "outdoor place".

What should the Club be doing about this?

The following list shows the requirements that apply to any type of workplace. This is a

general list appropriate to the average factory type environment. Not all these areas will

apply to every club and you will need to extract the requirements that are appropriate to your

employees. These requirements should be seen as "best practice” whose benefits should

extend to all those using the club's premises.

The Club as the employer is required to ensure that:

HEALTH:

Adequate ventilation, working temperature and lighting is provided.

Workplaces, their equipment and work surfaces should be kept clean.

Waste is removed as necessary and stored in suitable receptacles.

Workplaces are suitable for the purpose, have emergency exits, adequate space and facilities, such as appropriate seating.

SAFETY:

The workplace and its equipment are maintained in efficient working order so as not to adversely affect health, safety and welfare.

There are sufficient traffic routes of adequate dimension and construction to allow people and vehicles to circulate safely with ease.

That falls from heights and strikes from falling objects are prevented by providing signage indicating risks or fencing to prevent falls.

Where there is risk that glazing is of safety material or adequately protected against breakage and is capable of being opened and cleaned safely.

Doors and gates are suitably constructed so as not to cause a hazard e.g., push open doors should have a transparent viewing panel.

WELFARE:

That suitable and sufficient sanitary and washing facilities are provided together with a supply of drinking water.

That facilities for rest and to eat meals are provided.

Employees have accommodation for clothing and facilities for changing.

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Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

The Regulatory reform (Fire Safety) Order 2005

Purpose

This new fire safety order came into force on October 1st 2006, its purpose is to ensure that

reasonable fire precautions are put in place “where necessary” and practical in the

circumstances of the case.

What should the club be doing about this?

`The Order replaces previous fire safety legislation and any fire certificate issued under the

Fire Precautions Act 1971 will cease to have any effect.

Your Club’s existing fire safety arrangements may be acceptable, as long as they have been

kept up to date and meet the new Orders equivalent fire safety standards. The new Order

requires you to:

Have a “Responsible Person” – the employer

Appoint a Competent Person (This could be the Responsible Person) to carry out the preventative and protective measures required by the Order

Carry out a Fire Risk Assessment which must be reviewed by the Responsible Person regularly

Provide appropriate fire precaution information, instruction and training to your employees

Fire fighting equipment, emergency routes, exits are maintained by the Competent Person

The Department for Communities provides appropriate guidelines for Club premises. They

are Guide 6 – Small and medium places of assembly.

This link will take you to the relevant Guidance which describes what you have to do to

comply with the new Fire Safety Order

www.communities.gov.uk/index.asp?id=1162110

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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Provision and Use of Work Equipment Regulations

Purpose:

To make sure that any work equipment used is suitable for the job and does not cause a

health and safety hazard. Work equipment is anything provided for use at work. At a Club

this means anything employees may use whilst carrying out their job; this could include;

small hand tools;

office equipment, bar equipment, life jackets, rescue equipment, marker buoys and club

boats.

What should the club be doing about this?

Ensure that the work equipment is suitably constructed, properly selected and only used for the correct tasks.

Maintain the equipment and keep logs for any machinery maintenance, (e.g. boat engines).

Restrict the use of dangerous equipment to “authorised persons having control of the equipment”, who should have been trained in their use and maintenance (e.g. boat yard, workshop equipment).

Provide adequate training and health and safety information to other users (e.g. club members).

Make sure that any second hand or hired equipment is also fit for the purpose and safe for use.

Create a clear system for reporting of defects and prompt repair.

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Lifting Operation and Lifting Equipment Regulations

Purpose:

These Regulations require that all lifting equipment, such as cranes, travel hoists, chains

and boat retrieval winches are:-

Sufficiently strong, stable and suitable for the proposed use and similarly the load and anything attached must be suitable (e.g.The weight and dimension of a boat).

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Positioned or installed to prevent the risk of injury

Visibly marked with any appropriate information to be taken into account for its safe use.

Lifting operations are planned, supervised and carried out by people who are competent.

Annually examined or inspected by a competent person – (Every 6 months for person lifts).

Note: This regulation also applies to Clubs without employees.

What should the club be doing about this?

If your club has any of the above equipment then you must ensure that these items are

regularly tested by a Competent Person. Arthur J. Gallagher Insurance Brokers, who

operate the RYA's Club Insurance Scheme, can provide an inspection service and appoint

a Competent Person.

Although regular testing of equipment will contribute to safety, a properly tested piece of

equipment can, of course, still lead to injury if used carelessly. In addition to ensuring that

regular testing occurs it is important that clubs with such equipment should carry out the

following:-

1. Assess the risk to safety of all equipment.

2. From this assessment create and maintain a safe system of work.

3. Create clear and well published safety rules for the use of lifting equipment.

4. Create a clear system for reporting of defects and prompt repair.

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Manual Handling Operations Regulations

Purpose:

The duties laid down in these Regulations are general and require all concerned to avoid

any manual handling operations that are liable to cause a risk of injury. If this is impractical,

then procedures to minimise manual handling risks should be put in place.

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What should the club be doing about this?

Avoid manual handling where there is a risk of injury.

Look again at the manual handling operations regularly carried out by employees and take appropriate steps to reduce the risk of injury to the lowest level reasonably practical. (e.g. taking in a delivery for the Bar, moving engines, removing batteries from the club launch).

Introduce "safe systems of work" for unavoidable manual tasks. The Health and Safety Executive (HSE) provides very good advice on recommended

ways to lift and carry heavy objects.

See Appendix 3

"Information available from your Local Environmental Health Department or the

Health and Safety Executive”

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Health & Safety (Display Screen Equipment) Regulations

Purpose:

The Regulations are designed to set health and safety standards for users of word

processors, computers or similar equipment where the task involves reading a visual display

screen. "Users" are employees who spend a substantial part of their working day operating

computer equipment.

What should the club be doing about this?

Carry out an assessment of the user's work station by looking at the hardware, the environment and factors specific to the individuals using the equipment. Schedule 1 of the Regulations specifies assessment requirements concerning equipment, types and use of furniture and software in use.

If requested by the user the club should provide eyesight tests and if necessary other corrective appliances where normal glasses are not suitable.

Provide users with adequate safety training and information.

For all users, plan periodic breaks from display screen.

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See Appendix 3

"Information available from your Local Environmental Health Department or the

Health and Safety Executive”

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Personal Protective Equipment at Work Regulations

Purpose:

The duties laid down in these Regulations require employers to provide suitable Personal

Protective Equipment (PPE) to employees where risks to their health and safety cannot be

adequately controlled by other means, i.e. PPE must only be provided as a last resort.

What should the club be doing about this?

Assess which tasks carried out by staff will require PPE. e.g. Duty boatswain required to operate a club launch should have access to suitable protective clothing and a buoyancy aid.

Any PPE must be safely stored and maintained in an efficient state.

Staff provided with PPE must also be provided with appropriate information, instruction and training in its use. It must fit and be suitable for the purpose.

Ensure that staff supplied with PPE report any loss or defect immediately.

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Health and Safety (First Aid) Regulations

Purpose:

To ensure that places of work are adequately equipped with appropriate equipment, facilities

and personnel to enable first aid to be given to employees if they injure themselves.

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What should the Club be doing about this?

What is adequate and appropriate will depend on the circumstances in those areas of the

Club where people work. Remember, here we are referring to Regulations that apply to the

well being of employees, but your Club should also consider how it will provide first aid to its

members and others using the premises - particularly those participating in on-the-water

activities.

The minimum first-aid provision that must be in place for any workplace should include:-

A suitably stocked first aid box which should, in general, contain - A leaflet giving general first-aid guidance (e.g. HSE leaflet)

- 20 individually wrapped sterile adhesive dressings

- Two sterile eye pads

- Four individually wrapped triangular bandages

- Six safety pins

- Six medium sized wound dressings

- Two large wound dressings

- Pair of disposable gloves

- Tablets and medicines must not be in the First Aid box

An appointed person to take charge of first-aid arrangements. For the relatively low risk environment of a Club it is not compulsory to have a qualified First-aider.

As the person in charge of first aid may be a volunteer and not always on the premises

information to employees and members is particularly important. This could be provided in

the form of:

- Notice board information

- Copy of extracts from the Club's Health and Safety Policy

- Health and Safety Executive leaflets

See Appendix 3

"Information available from your Local Environmental Health Department or the

Health and Safety Executive”

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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Control of Substances Hazardous to Health Regulations

Purpose:

In general terms, this Regulation aims to control the exposure of employees to hazardous

substances encountered at work.

What should the Club be doing about this?

Start by making a list of any substances the club uses that may be harmful to health if not properly used. Packaging labels and suppliers data sheets will help you do this.

Carry out a suitable and sufficient Risk Assessment where employees are liable to be exposed to these harmful substances. To maintain standards this assessment should be reviewed from time to time.

Put in place control measures and ensure they are properly used.

Use the supplier’s health and safety data sheets to provide appropriate information and training to all employees.

In the context of a typical Club it is unlikely that employees will use many hazardous

substances. The proper use of cleaning materials should be included on all risk

assessments. Clubs with boat yard staff are also likely to include the safe use of substances

such as antifouling, paints, solvents, engine oils, petrol and diesel. Current proposals to

change existing petroleum storage license arrangements are likely to make it even more

important that clubs with petrol storage have carried out a separate risk assessment.

Current legislation requires suppliers of all hazardous substances to provide, on request,

written information on each product. This information will explain the nature of the hazard,

give advice on its safe use and provide guidance on applying first aid if necessary.

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Health and Safety Information for Employees Regulations

Purpose:

To ensure that all staff are made aware of their role and rights in establishing and

maintaining a safe place of work.

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What should the Club be doing about this?

Provide and display the statutory poster "Health and Safety Law, what you should know". This poster is also available as a leaflet for employees.

Reporting of injuries, diseases and dangerous occurrences regulations 1995

(RIDDOR)

Purpose:

Requires employers to notify certain occupational injuries, diseases and dangerous events

to the Incident Contact Centre

What should the Club be doing about this?

Report as soon as possible to the Incident Contact Centre any incident which includes:

o Deaths and Major injuries o Injuries preventing employees from working for more than 3 days o Dangerous occurrences – where something happens that does not result

in an injury, but could have done.

Incident Contact Centre – Telephone 0845 300 99 23

See Appendix 3

"Information available from your Local Environmental Health Department or the

Health and Safety Executive”

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

Electricity at Work Regulations

Purpose:

The Regulations require employers to assess and minimise the risks associated with

activities using electricity.

What should the Club be doing about this?

Safe use of electricity can be dealt with under 4 headings:

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Assessment of risks of using the club's electrical installations and equipment.

Taking action to bring the installations and equipment up to a safe standard.

Putting in place a system of regular safety checks and maintenance schedules to ensure the club's electrical systems remain safe to use.

Training employees in safe operation, and providing information where necessary for other users of the club's electrical systems.

Who should do this work?

Electrical work requires special skills and should be carried out by persons who are

members of either the National Inspection Council or the Electrical Contractors Association.

See Appendix 4

"Maintaining portable electrical equipment"

Sources of advice on good practice

A number of publications give advice on for example:

design and maintenance of a safe installation

insulation, protection and earthing

basic rules for safe operation

conveying first aid information about electric shock

Some of these are listed in Appendix 3

Overhead Cables

Clubs should bear in mind the special risks associated with moving boats with masts in the

vicinity of overhead power lines.

Note:

Although these regulations apply to employees whilst at work, clubs should try to

ensure that these appropriate standards are applied to the activities of volunteer club

members and other helpers.

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APPENDICES

APPENDIX 1 Model Health and safety policy for Clubs

APPENDIX 2 Guidance notes on completing a Risk Assessment

APPENDIX 3 Information available from your Local Environmental Health

Department or the Health and Safety Executive

APPENDIX 4 Maintaining portable electrical equipment

APPENDIX 5 Health and Safety at Work Act – application to Private Clubs -

Guidance to Local Authorities on enforcement

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APPENDIX 1

Model Health and Safety Policy Statement for Clubs

Guidance notes for completion

This model format has been specially developed for use at RYA Clubs and is based on the

advice contained in the following HSE publications:-

“Writing a Safety Policy Statement – Advice to Employers”.

“Our Health and Safety Policy Statement – Guide to preparing a Safety Policy Statement for a Small Business”.

If you employ 5 or more people you must, by law, have a written statement of your Health

and Safety Policy.

The written statement must:

1. Provide your Club’s general statement of policy on health and safety 2. Describe the organisation - who is responsible? 3. Describe arrangements for carrying out the policy – what are the hazards and the

rules and precautions for avoiding them? 4. Be brought to the notice of your employees. 5. Be revised when ever appropriate, and these revisions brought to the attention of

your employees.

The following forms were designed to save you time and help you to write a Statement

that covers all the important matters at your Club.

This policy statement is in three sections:-

Section A

Makes a general declaration based on your Clubs obligations under the Health and Safety

at Work Act. Then it says who is responsible for what.

Remember, your employees have responsibilities under the law to take care of themselves,

and others, and to co-operate with you in doing so.

Section B

Deals with general arrangements that apply to most of the Clubs premises and activities.

Section C

Deals with specific hazards and refers to your rules to minimise the risk of injury or accidents.

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HEALTH AND SAFETY

POLICY STATEMENT

RYA CLUB ____________________________________ DATE ____________________

ADDRESS ______________________________________________________________

________________________________________________________________________

________________________________________________________________________

CLUB COMMITTEE MEMBERS

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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HEALTH AND SAFETY

POLICY STATEMENT

SECTION A – GENERAL STATEMENT OF POLICY

“Our policy at this Club is to provide and maintain safe and healthy working conditions,

equipment and systems of work for all our employees and to provide such information,

training and supervision as they need for the purpose. We also accept our responsibilities

for the health and safety of other people who may be affected by our activities.

The allocation of duties for safety matters and the particular arrangements that we will make

to implement the policy are set out below.

The policy will be kept up to date, particularly when the Club’s facilities and activities may

change. The policy and the way in which it is operated will be reviewed each year.”

Signed ______________________________________________ Club Commodore

______________________________________________ Club Secretary

Date ________________________________________________

Responsibilities:

1. The Club Committee (Jointly and severally?) have the overall and final responsibility for health and safety at the Club.

2. The Club Secretary is responsible to the Club Committee for the safety arrangements within the Club.

3. Others (if any) responsible for specific areas:-

Safety Training …………………………………………………………

Safety Inspections ……………………………………………………..

Investigating accidents ………………………………………………..

Monitoring maintenance of plant and equipment …………………..

4. All employees have the responsibility to co-operate to achieve a healthy and safe workplace and to take reasonable care of themselves and others. They should also bring to the attention any of the above suspected hazards that they consider are not covered by Club safety procedures.

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HEALTH AND SAFETY

POLICY STATEMENT

SECTION B – GENERAL ARRANGEMENTS

Accidents:

The First Aid box is located in …………………………………………………………………...

Appointed person responsible for the box is …………………………………………….……..

Accident record book is located in ………………………………………………………………

Trained First Aiders (if any) are:

Mr/Mrs/Ms ………………………………………………………………………….....………….

Tel. No. ……………………………………………………………………………………..…….

Mr/Mrs/Ms ………………………………………………………………………………………….

Tel. No. …………………………………………………………………………………..……….

General fire safety at the Club’s premises (if applicable)

Escape routes, fire alarms, extinguishers – to be checked by

……………………………………………………………………………………………………….

Food preparation and food service area (if applicable)

Food safety and cleaning standards – to be checked by

……………………………………………………………………………………………………….

Local advice and consultancy

Health and Safety Inspectors Office Tel. No: ……………………………………………..

Doctor - Tel. No: ………………………………………………………………………………….

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HEALTH AND SAFETY

POLICY STATEMENT

SECTION C – Managing hazard

List or attach your Club rules for:-

Housekeeping and premises – to include:

Cleanliness

Waste disposal

Safe storage and stacking

Checking equipment

Office safety

Kitchen area

Dangerous substances – to include:

Stored petrol and oils

Cleaning materials

Paints and antifouls

Use of protective clothing and equipment

Safety in Club boats – to include:

Clothing and equipment

Outdoor work on boats – using electricity

Accidents and injuries – to include

Investigation and reporting procedures

Summoning medical help

Minor injuries and the use of the first aid box

Working in Club boat storage and work areas (if applicable) – to include:

Manoeuvring craft ashore

Positioning craft in yard

Use of high pressure cleaner

Equipment use – winches, cranes, etc.

Fuel storage and transport

Manual handling of heavy items, masts, engines etc.

Mechanical and electrical appliance awareness and checks

Working on pontoons

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APPENDIX 2

Health and Safety at your Club

Guidance Notes on How to Carry out a Club Risk Assessment

CLUB RISK ASSESSMENT

What is a Risk Assessment?

An assessment of risk is nothing more than a careful examination of what at your Club could

cause harm to people, so that you can weigh up whether you have taken enough precautions

or should do more to prevent harm. The aim is to make sure that no one gets hurt or

becomes ill. Accidents and ill health can ruin lives, and affect your Club too if machinery and

equipment is damaged, insurance costs increase, or you have to go to court.

Does my Club need to carry out a Risk Assessment?

If your Club has, or provides, any of the following, then the answer is “YES”

Clubs with paid employees:

Clubs employing staff are required by law to ensure safe systems of work and a safe

working environment for their staff and others using the premises or equipment where

the work takes place. The assessment must be recorded (written down) if 5 or more

people are employed.

Clubs providing equipment for members:

Irrespective of whether staff are employed, the provision of cranes, winches, escort

boats or other equipment for use by the members creates a statutory duty to ensure

that the equipment is safe. The Club then has a non statutory “duty of care” to ensure,

so far as is reasonably practical, that the equipment is used safely.

Clubs with premises:

It is not compulsory to carry out a Risk Assessment on Club premises where staff are

not employed. However, as your Club has a “duty of care” to its members and visitors

you should view it as a sensible precaution to include Club premises in your overall

Risk Assessment.

Clubs providing food or drink:

If your Club provides any food or drink, or if they are offered as part of the price of an

event, legislation requires your committee to make sure such food is safe to consume.

To comply with current regulations, your Club is required to register with the Local

Authority if food and drink is offered for “five or more days in any five week period”.

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“FIVE STEPS TO RISK ASSESSMENT”

This leaflet is based on current Health and Safety Executive (HSE) guidelines which

have been adapted for use at RYA Affiliated Clubs

1. These guide notes are intended to help committees of RYA Affiliated Clubs make an

assessment of the health and safety risks at their Club.

2. Don’t be put off by some of the words used in this guide.

‘Hazard’ means anything that can cause harm (e.g. boat hoists, slipways, parking areas etc.).

‘Risk’ is the chance, great or small, that someone will be harmed by the hazard.

3. The important things you need to decide are whether a hazard is significant, and

whether you have it covered by satisfactory precautions so that the risk is small. You

need to check this when you assess the risks. For instance, electricity can kill but the

risk of it doing so in an office environment is remote provided that “live” components

are insulated and metal casings properly earthed.

How to assess the risks at your Club

Don’t be overcomplicated. In most Clubs the hazards are few and simple. Checking them is

common sense but necessary. You may have already assessed some of them - for example,

if you have boat handling equipment available to members, you will have worked out a policy

for its safe use and maintenance. If so, you can consider them “checked” and write that

down if you are making a written statement. For other hazards, you probably already know

whether you have equipment that could cause harm, or if there is an awkward slipway or

pontoon where someone could be hurt. If so, check that you have taken what reasonable

precautions you can to avoid injury. The attached work sheets have been designed to help

you take a step by step approach to completing a risk assessment. You don’t need to be an

“expert” in health and safety to carry out this assessment. Our guide notes here are intended

for use by anyone who has a good knowledge of Club activities and how members use the

available equipment and facilities.

STEP 1 – Look for the hazards

If you are doing the assessment yourself, walk around your Club and look afresh at what

could reasonably be expected to cause harm. Ignore the trivial and concentrate only on

significant hazards that could result in serious harm or affect several people. Ask your

members what they think. They may have noticed things that are not immediately obvious.

Manufacturers’ instructions or datasheets can also help you spot hazards and put risks in

their true perspective. So can any accidents or incident records your Club may have.

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STEP 2 – Decide who might be harmed and how

In addition to your own members and visitors, think about people who may not be at your

Club during busy times e.g. cleaners, contractors, maintenance personnel, etc. Include

members of the public, or people who may share your Club facilities or access, is there a

chance they could be hurt by your activities?

STEP 3 – Evaluate the risks and decide whether existing precautions are adequate or

more should be done

Even after all precautions have been taken, usually some risk remains. What you have to

decide for each significant hazard is whether this remaining risk is HIGH, MEDIUM OR

LOW.

First, ask yourself whether you have done all the things the law says you have got to do. If

your Club has any employees then the law requires that they are provided with a safe

working environment with safe systems of work. In addition to ensuring employees safety

there are, for example, legal requirements on prevention of access to dangerous parts of

machinery.

Improving health and safety need not cost a lot. For instance, placing a mirror on a

dangerous blind bend to help prevent vehicle accidents, or putting some non slip material

on slippery steps, are inexpensive precautions considering the risk.

If you find that something needs to be done, ask yourself:-

(a) Can I get rid of the hazard altogether?

(b) If not, how can I control the risks so that harm is unlikely?

If you have employees that may move from one venue to another, e.g. Club visits, select

those hazards which you can reasonably foresee and assess the risks from them. After that

if you spot any unusual hazard when you got to a new venue, get information from others

who know the area and take what action seems necessary.

If you share your premises and equipment, tell all visitors about any risks your Club activities

could cause them, and what precautions you are taking. Also, think about the risks to your

employees and members from those who share your premises or equipment.

STEP 4 – Record your findings

The law provides that if you have fewer than five employees you do not need to write

anything down, but if you have five or more employees you must record the significant

findings of your assessment.

However, Clubs with equipment available to members are also required to carry out a Risk

Assessment and in the interests of safety and continuity at your Club; these findings should

always be written down.

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This requires you to:

Write down the more significant hazards. Record your most important conclusions - for

example:

‘‘Electrical installations’, insulation and earthing checked and found sound”.

“Vapour from outboard petrol cans evident in boat store – approved cans with secure lids now in use, adequate ventilation provided and regularly checked”.

“Tea bar fridge overlooked in cleaning schedule – All out of date “High Risk” foods to be cleared at day end and equipment included on cleaning schedule”.

There is no need to show how you did your assessment, providing you can show that:

a proper check was made;

you asked who might be affected,

you dealt with all the obvious significant hazards, taking into account the number of people who could be involved;

the precautions are reasonable, and the remaining risk is low.

Assessments need to be suitable and sufficient, not perfect. The real points are:

- Are the precautions reasonable, and

- Is there something to show that a proper check was made?

Keep the written document for future reference or use, it can help you if, say, the

Environmental Officer calls and questions your Food Hygiene precautions or if you become

involved in any action for civil liability. It can also remind you to keep an eye on particular

matters. And it helps to show that you have done what the law and good sense requires.

The attached two work sheets should help you complete your Risk Assessment.

To make things simpler, when recording your findings you can refer to other documents,

such as the arrangements in your Club rules, manufacturers’ instructions, and your health

and safety procedures. These may already list hazards and precautions. You don’t need to

repeat all that, and it is up to you whether you combine all the documents, or keep them

separately.

STEP 5 – Review you assessment from time to time and revise it is necessary

Sooner or later you will bring in new equipment, substances and procedures which could

lead to new hazards. If there is any significant change, you should add to the assessment

to take account of the new hazard.

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Don’t amend your assessment for every trivial change, or still more, for each new Club

facility or activity, but if a new job introduces significant new hazards of its own, you will want

to consider them in their own right and do whatever you need to keep the risks down.

In any event it is a good idea to review your assessment from time to time to make sure that

the precautions are still working properly.

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CLUB RISK ASSESSMENT WORK SHEET – PAGE 1 OF 2

Club Name: ___________________________________________Date: ______________

Assessment carried out by: ________________________________________________

Areas of the Club covered: _________________________________________________

HAZARD

Look only for hazards which you could

reasonably expect to result in significant harm

under the normal conditions in your Club.

Use the following examples as a guide:

Food preparation and serving – cleaning rotas

etc

Boat winches – poorly maintained?

Slip ways – surface, winch wires on ground

Slipping, tripping – boat parks, pontoons,

walkways

Fire, explosion – premises, fuel storage

Working at heights – up masts

Boat storage area – chemicals, litter, DIY work

Abandoned boats

Parking Areas

Use of tools and equipment

Lifting, manoeuvring heavy objects

Support boats – equipped and working

Premises – electrical wiring, escape routes

WHO MIGHT BE HARMED

There is no need to list individuals by name –

just think about groups of people carrying out

normal Club activities who may be affected

your identified Hazards:

For example:

The public

Support boat crews

Cleaners

Instructors

Officer of the Day and starting team

Students under instruction

Family Groups

Pay particular attention to:

People with disabilities

Visitors

Absolute beginners

LIST HAZARDS HERE

LIST GROUPS OF PEOPLE WHO ARE

ESPECIALLY AT RISK FROM THE HAZARDS

WHICH YOU HAVE IDENTIFIED

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CLUB RISK ASSESSMENT WORK SHEET – PAGE 2 OF 2

IS THE RISK ADEQUATELY CONTROLLED?

For the hazards listed, do the precautions already

in place at your Club:

Meet the standards set by any legal requirement?

Comply with a recognised safety standard or

code of practice?

Represent good practice?

Reduce risk as far as possible?

Have you provided:

Adequate information, instruction or training to

Club members and visitors?

Adequate systems or procedures?

If so, then the risks are adequately

Controlled, but you may need to indicate the

precautions you have in place.

WHAT FURTHER ACTION IS NECESSARY TO

CONTROL THE RISKS?

What more could you reasonably do for those

risks which you found were not adequately

controlled?

You will need to give priority to those risks which

affect large numbers of people and/or could result

in serious harm.

Apply the principles below when taking further

action. If possible in the following order:-

Remove the risk completely.

Try a less risky option.

Prevent access to the hazard (e.g. by fencing

off).

Organise a club work group to reduce exposure

to the hazard.

Insist that protective clothing or safety equipment

is used where necessary.

Provide adequate facilities (e.g. washing, first

aid).

List Existing Controls Or Note Where The

Information May Be Found

List The Risks Which Are Not Adequately

Controlled And The Action You Will Take

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APPENDIX 3

"Information available from your local Environmental Health Department or the Health

and Safety Executive"

The following HSE publications are a selection of practical guidance to help you with your

Clubs review of their Health and Safety arrangements for your employees and members.

Free publications:- (Available from your local authority)

“An introduction to Health and Safety”

“Getting to grips with manual handling”

“Electrical safety and you”

“Working with VDUs”

“Preventing slips trips and falls at work”

“COSHH – The new brief guide for employers

Approved Codes of Practice (ACOP):

L34 – First Aid at Work

L31 – Management of Health and Safety at Work

L24 – Workplace Health, Safety and Welfare

Advisory literature (Health and Safety – Guidance Booklets) from:

HSE Books

PO Box 1999

Sudbury

CO10 2WA Tel. No: 01787 881165 or www.hsebooks.com

The HSE also have a number of guidance notes available as free down load – These can

be obtained from – www.hse.gov.uk/pubns/index

Or by phoning the HSE information hotline on – 0845 345 0055

Advice from the RYA:

Separate advice on managing the safety of your members and visitors whilst afloat is

available from the RYA website:

www.rya.org.uk/knowledgebase

Or by contacting the RYA Legal Team direct:

Tel: 023 8060 4223 Email: [email protected]

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APPENDIX 4

"Maintaining portable electrical equipment"

The Law requires electrical equipment to be maintained; however, it does not demand a

rigorous system of frequent electrical testing. The principal technique to keep electrical

appliances in safe condition is visual inspection. However, testing is advisable in some

circumstances and the following intervals are recommended by the Health & Safety

Executive in their leaflet "Maintaining Portable Electrical Equipment in Offices and Other

Low Risk Environments".

Equipment/

Environment

User

Checks

Formal Visual

Inspection

Combined

Inspection &

Testing

Battery-operated

(less than 20 volts)

No No No

Extra low voltage:

(less than 50 volts AC)

e.g. telephone

equipment low voltage

desk lights

No No No

Information technology:

e.g. desktop computers

VDU screens

No Yes, 2 - 4 years No, if double

insulated – otherwise

up to 5 years

Photocopiers, fax

machines: NOT hand

held. Rarely moved.

No Yes, 2 – 4 years No, if double

insulated – otherwise

up to 5 years

Double insulated

equipment NOT hand

held. Moved

occasionally, e.g. fans,

table lamps, slide

projectors

No Yes, 2 – 4 years No

Double insulated

equipment: hand held

e.g. some floor

cleaners

Yes Yes, 6 month –

1 year

No

Earthed equipment

(Class 1): e.g. electric

kettles, some floor

cleaners

Yes Yes, 6 months –

1 year

Yes, 1 – 2 years

Cables (leads) and

plugs, connected to the

above.

Extension leads (mains

voltage)

Yes Yes, 6 months – 4 years

depending on the type of

equipment it is connected

to.

Yes, 1– 5 years

depending on the

type of equipment it

is connected to.

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APPENDIX 5

HEALTH & SAFETY AT WORK ACT 1974:

APPLICATION TO PRIVATE CLUBS

Guidance issued by the Health and Safety Commission under s18 of the Health and Safety

at Work Act 1974 to local authorities to act in accordance with this guidance.

Introduction

This guidance gives advice on the application of the Health and Safety at Work etc Act 1974

(HSWA) to private clubs, and sets out the view of the Health and Safety Commission on the

approach which should be taken to enforcement.

There is no statutory definition of a private club. This guidance applies to private clubs, such

as sailing clubs, where there is activity or recreation by subscribing members making regular

use of the facilities.

It will usually be possible to draw a distinction between a private

club and an activity centre for the public, run on commercial lines. This guidance applies

only to the former.

Application of the Act

Many private clubs provide employment, either in connection

with their main activities or as a sideline. Others are run by members, on a voluntary basis.

Where there is employment, Sections 2 and 3 of the HSWA place duties on the employer to

ensure, so far as is reasonably practicable, the health and safety of his employees and other

persons who may be affected by the undertaking.

Section 4 protects those who are not employees in certain

specified circumstances. It places duties on persons in control of non-domestic premises

where those premises are made available to people as a place of work or where people may

use plant or substances provided there for their use. Reasonable measures must be taken

by those in control to ensure, so far as is reasonably practicable, that the premises and any

plant or substance in the premises, or provided for use there, are safe and without risks to

health.

Role of Governing Bodies

Sporting activities recognised as potentially dangerous – e.g diving, sailing. However since

it is the governing bodies which issue the guidance, in some cases it may go beyond what

is required to comply with the law.

Enforcing authorities should take account of any advice and guidance available from the

governing body responsible a sport before deciding on enforcement action in connection

with risks to health and safety which arise from participation in that sport.

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Approach to Enforcement

The Health and Safety at Work etc Act 1974 (HWSA) should not be used to cut across the

freedom of individuals voluntarily to take risks outside their working environment. Where

there is no employment, there should be no intervention by an enforcing authority in the

sporting or other activities of private clubs as described in paragraph 2 above, except in

reaction to serious incidents or follow-up of complaints.

Where there are known to be employed or self-employed persons working in a private club,

plans for any preventive inspection should be based solely on the risks arising from the

employment activities e.g. in the restaurant of a sailing club’s premises or work undertaken

by instructors: and should not take account of other risks club members or their invited

guests choose to take e.g. in racing dinghies on the open sea.

The general principles set out above need to be qualified where members of the public who

are not club members (as described in paragraph 2), or their invited guests, are put at risk

by the club’s activities. For example, some ostensibly private clubs offer their facilities for

use by non-members under short-term membership arrangements. Some have ‘open days’

where large numbers of the public are admitted to view the facilities or as spectators of club

competitions, etc. In considering whether preventive inspection under the HSWA is

appropriate in the circumstances, an enforcing authority should take account of the nature

and extent of the risks and the degree of control which the club can be expected to exercise,

and whether there is any other legislation which offers a more appropriate basis for

enforcement.

Enquiries

Enquiries on this guidance may be raised with:

The Local Authority Unit, HSE (Tel: 020 771 76000).

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LEGAL COPYRIGHT NOTICE

The RYA Legal Department produce information leaflets, standard templates, agreements

and documents for use by members and affiliated clubs. This material is protected by

copyright which is owned by the RYA.

USE:

RYA members may use the material for non-commercial private purposes.

Affiliated clubs may use the material for non-commercial purposes such as attracting and retaining members, regulating the affairs of the club and organising events for members and non-members.

The material produced by the Legal Department is not otherwise to be incorporated or

distributed in any work or in any publication in any form without the permission of the RYA

Legal Department.

MODIFICATION:

The standard documentation produced by the Legal Department is intended to be

reasonably comprehensive but cannot cover all eventualities. It is therefore anticipated that,

in many instances, RYA members / affiliated clubs will need to amend the documentation to

meet specific requirements. Where members / affiliated clubs do amend RYA standard

documentation they should make this clear on the documentation.

If you have any queries, questions or comments on the information contained in this leaflet,

kindly contact the Legal Team on 023 8060 4223 or [email protected].

RYA Responsibility Statement:

The RYA Legal Team provides generic legal advice for RYA members, affiliated clubs, class

associations and Recognised Training Centres. The information contained in this Guidance

represents the RYA’s interpretation of the law as at the date of this edition. The RYA takes

all reasonable care to ensure that the information contained in this Guidance is accurate

and that any opinions, interpretations and guidance expressed have been carefully

considered in the context in which they are expressed. However, before taking any action

based on the contents of this Guidance, readers are advised to confirm the up to date

position and to take appropriate professional advice specific to their individual

circumstances.