The HSE had this to say (September 2004):-
Whilst the HSE have not produced any specific legislation or guidance regarding
ponds in public places, the following legislation will be
applicable:
Section 3 of the Health and Safety at Work etc Act 1974 will place requirements
on employers with regards to members of the public using your facilities.
Section 3 only sets down a general goal, it is not specific:
3.(1) It shall be the duty of every employer to conduct his undertaking in
such a way as to ensure, so far as is reasonably practicable, that persons
not in his employment who may be affected thereby are not thereby exposed
to risks to their health or safety.
(2) It shall be the duty of every self-employed person to conduct his undertaking
in such a way as to ensure, so far as is reasonably practicable, that he and
other persons (not being his employees) who may be affected thereby are not
thereby exposed to risks to their health or safety.
(3) In such cases as may be prescribed, it shall be the duty of every employer
and every self-employed person, in the prescribed circumstances and in the
prescribed manner, to give to persons (not being his employees) who may be
affected by the way in which he conducts his undertaking the prescribed information
about such aspects of the way in which he conducts his undertaking as might
affect their health or safety.
A copy of the Health and Safety at Work etc Act 1974 is available from the
Stationary Office.
Their details are:
Stationery Office Ltd
PO Box 29
Norwich
NR3 1JN
Telephone: 0870 600 5522
Internet: www.hmso.gov.uk
Email: inforoute@hmso.gov.uk
Further to this, an employer or self-employed person has a legal duty to
complete a risk assessment. Risk assessments are a legal requirement
under the Management of Health and Safety at Work Regulations 1999.
Regulation 3 stipulates that:
Every employer shall make a suitable and sufficient assessment of -
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.
The Approved Code of Practice goes on to say:
This regulation requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health and safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities and the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment.
A risk assessment is carried out to identify the risks to health and safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise and how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational and structured manner, and the action taken is proportionate.
A risk assessment should usually involve identifying the hazards present in any working environment or arising out of commercial activities and work activities, and evaluating the extent of the risks involved, taking into account existing precautions and their effectiveness. In this approved code of practice:
(a) a hazard is something with the potential to cause harm (this can include
articles, substances, plant or machines, methods of work, the working environment
and other aspects of work organisation);
(b) a risk is the likelihood of potential harm from that hazard being realised.
The extent of the risk will depend on:
(i) the likelihood of that harm occurring;
(ii) the potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
(iii) the population which might be affected by the hazard, i.e. the number of people who might be exposed.
Reference: L21: The Management of Health and Safety at Work Regulations
1999: Approved Code of Practice and Guidance, ISBN 0717624889, £8.00.
The HSE also produce the following publications on risk assessment:
HSG183, Five Steps to Risk Assessment : Case Studies, ISBN 0717615804, £6.75.
INDG163, Five Steps to risk assessments, single copies are free.
INDG218, A guide to risk assessments requirements, single copies are free.
The following information has been taken from OC 847/10, Reservoirs and HSW
Act: Inspection Policy (Version date 21/1/03, Revisions date 21/1/2013). It
does relate specifically to reservoirs, but the control measures given may
be of use:
Public safety
- risk assessment required to take into account high risk areas and likely
actions of persons using the reservoir
- fencing or natural barrier (eg hedges) may be needed to discourage approaching
deep water
- fishing platforms may be provided to direct anglers away from areas where
they could slip into the water
- the provision of rescue aids should be considered within the risk assessment
e.g. if the reservoir is only visited by water company employees they could
take rescue aids such as throw lines with them to the site.
Where members of the public regularly gain access, rescue aids must be located
at suitable points. Warning signs should also be located at suitable locations
e.g. entry pathways and high risk areas.
In relation to public safety you might find the following organisation
helpful:
Royal Society for the Prevention of Accidents (ROSPA) Edgbaston Park,
353 Bristol Road,
Birmingham,
B5 7ST.
Tel: 0121 248 2000
Fax: 0121 248 2001
Email: help@rospa.co.uk
Internet: http://www.rospa.co.uk
All of the publications referred to are available from HSE Books:
HSE Books
PO Box 1999,
Sudbury,
Suffolk, CO10 2WA.
Tel: 01787 881165
Fax: 01787 313995
Email: hsebooks@prolog.uk.com
http://www.hsebooks.co.uk
Many of the free publications can also be downloaded from the HSE Website:
http://www.hse.gov.uk