PUBLIC SAFETY - 16.04.2018

Pool operator finds itself in deep water

A leisure club has been fined after Wigan Council received complaints from members of the public. What was found during its visit and could the prosecution have been avoided?

Ten offences

During the summer of 2016 two complaints were received by Wigan Council (W) from members of the public. In both instances concerns were raised about the level of hygiene and cleanliness at the Escape Zone Leisure Club in the Greyhound Hotel, Wigan. Environmental health officers visited the business and found plenty to occupy themselves beyond the hygiene concerns.

The problems included a lack of risk assessment, weaknesses in staff training and no pool safety operating procedure (PSOP). As a result W brought a prosecution against the club’s owner, Here For You Hospitality Ltd (H), for ten health and safety offences.

Note. A PSOP is an established type of management system for swimming pools. This is described in sector-specific guidance published in HSG179 (see The next step ).

Tip. Although HSG179 is a guidance document, if you operate swimming pools or spa baths you should regard the content as compulsory. Inspectors will expect you to know your way around it and will measure your health and safety performance against it.

In court

H pleaded guilty to all ten charges, but the judge and W both agreed that the company would only be sentenced for three of them. This was due to an element of overlap.

The three charges were brought under the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and the Health and Safety at Work etc. Act 1974 . H was fined £16,000 for each of the three offences, plus costs. In total it was ordered to pay £52,862.

Hazardous substances

Two of the charges concerned the lack of risk assessment for the use of hazardous substances and a lack of management control of the same.

There are various methods available for the treatment of swimming pool water and the more traditional ones involve the use of hazardous substances. Some of these emit dangerous gases if they are mixed together.

Tip 1. All hazardous substances used must be subject to a COSHH assessment. If you’re assessing pool water treatment, make use of the advice in HSG179 . The document includes recommended risk control measures.

Tip 2. Pool plant rooms can end up being a dumping ground. If you oversee this type of facility don’t leave it up to your staff to maintain standards because this could land you in court. Carry out regular inspections.

Training

The third charge concerned a lack of staff training.

Tip. Once you have established a PSOP, relay the information to your staff through training. You’ll need to support in-house instruction with specialist qualifications for staff involved in the management of water treatment and life-saving activities.

For a link to HSG179, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 16.15.02).

During the inspection it was discovered that hazardous substances were not being properly managed and the staff were untrained. Had the company assessed the risks and put in place the safety procedures expected by industry guidance, the problems would not have arisen.


The next step


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