Leisure centre safety

The problem

A hotel guest has complained that conditions in the leisure centre are unsafe, adding that the water in the pool has brought her out in a rash and has caused her to suffer sickness and diarrhoea. She's asking for compensation, otherwise she will complain to the environmental health department.

The law

The Health and Safety at Work Act 1974, and all of its subsidiary regulations, will apply to the leisure centre. Generally, the centre must be maintained and operated to such standards that no one is exposed to risks to their health and safety.

Risk assessments of all activities undertaken by employees must be completed, with an assessment of any activity which could affect the safety of persons using the centre.

Control of Substances Hazardous to Health assessments must be completed for all chemical substances used in treating the pool and other water-based facilities. Electrical safety, the safe use of equipment, manual handling, etc, must all be considered.

Emergency procedures must be in place to evacuate the leisure centre, including procedures to cope with fire, chemical release, explosion, etc. Accidents must be investigated and reported, if appropriate.

Pool and spa water must be monitored to ensure that it isn't unsafe for people to swim or sit in - it may be bacteriologically unsafe and pose a health hazard, or chemical concentrations may be too high.

Expert advice

The first step in dealing with a hotel guest such as the one above is to reassure her and inform her that you will investigate her concerns. She may have symptoms which have not been caused by using the pool - the rash may be caused by an allergic reaction, and the sickness and diarrhoea may be the result of earlier food poisoning or a viral infection.

Take a systematic look at the operation of the leisure centre, the state of its cleanliness, and make a visual inspection of the pool water clarity, condition of floors, etc. Is there anything which looks out of the ordinary?

Review all the records kept by the pool staff. What are the daily readings for the pool water tests? Have any microbiological samples of water quality been taken and analysed? Have you up-to-date risk assessments and operating plans for dealing with a variety of situations? Were there more people in the pool than usual, and might the overloading of the pool have caused the chemicals to become ineffective? Have any other guests or users complained about conditions?

If your investigation - which should be written down - shows that all the correct procedures were being followed, then your guest is unlikely to win a compensation claim. But compensation means different things to different people - she may be happy that you have investigated thoroughly, and accept a free visit as a gesture of goodwill.

If she isn't satisfied, you will need to advise your insurance company in case she does pursue a claim. The insurer will want to see copies of all your records and checks, etc.

If the guest reports the matter to the environmental health department, you will receive a visit from an environmental health officer (EHO). But if your procedures, records and risk assessments are up to date and suitable, there will be no formal action.

The EHO might offer words of wisdom or advice. If, however, you do not have all the controls in place that you should have, you had better start developing them.

Beware!

Accidents in leisure centres are more likely than in other parts of the hotel. Breaches of health and safety legislation can carry the risk of unlimited fines, and imprisonment.

Check list

• Make complete risk assessments for all activities undertaken in the leisure centre, including use of gym equipment, exercise areas, saunas, solariums, steam rooms, pools, spas, etc.
• Consider the hazards and risks to both employees and users, and write down risk assessments.
• Ensure that safe systems of work are devised for dosing chemicals in swimming pools and spas.
• Keep daily records of water analysis and chemical concentrations.
• Have trained first aiders available.
• Develop an "operating plan" for the leisure centre which gives guidance to employees on what to do, etc.
• Develop an "emergency action plan" to give guidance on what to do in an emergency, such as: overcrowding; lack of water clarity; outbreak of fire; chemical spillage or release; serious injury; or a bather incident in the water
• Develop a maintenance plan for all areas.

Contacts

Perry Scott Nash Group Tel: 01438 745771
E-mail: p.perry@perryscottnash.co.uk
Web site: www.perryscottnash.co.uk

Chartered Institute for Environmental Health
020 7928 6006