In reply to Post #15
very good point
very good point
I've noticed alot of clubs local to me, using outside contractors for a lot of work around the lakes, makes sense reading this.
In reply to Post #13
Do you have any sort of insurance policies in play?
Do you have any sort of insurance policies in play?
maybe get all volunteers sign a disclaimer prior to any work party being done??
One things for sure the price of your ticket is going up.
In reply to Post #19
That's all it needs
That's all it needs
In reply to Post #18
yes we are fully insured and each member signs a work party H&S policy.
I write H&S operating procedures as part of my consultancy business, but im now going to go through them with a fine tooth comb
yes we are fully insured and each member signs a work party H&S policy.
I write H&S operating procedures as part of my consultancy business, but im now going to go through them with a fine tooth comb
In reply to Post #15
Waivers/disclaimers aren't a silver bullet, as they don't absolve someone from their duty of care obligations nor from statutory obligations. For example you could still be sued for negligence or breaching health and safety legislation. So in the case cited earlier, the lake owner would probably have lost whether or not a waiver was signed.
Waivers/disclaimers aren't a silver bullet, as they don't absolve someone from their duty of care obligations nor from statutory obligations. For example you could still be sued for negligence or breaching health and safety legislation. So in the case cited earlier, the lake owner would probably have lost whether or not a waiver was signed.
Just looked on a club close to me, they have a great risk assessment on their website, does not cover working at height though
In reply to Post #5
I read about this the other day and to begin with I thought this, but the more I think about it, sadly, I think the lake owner is responsible. It's his lake and he is responsible for the safety of members. A lake I used to fish in the early 90's chopped off all the lower branches we used to use to climb the trees due to public liability insurance.
Bailiff was really clear that even if we accepted the risks, it didn't absolve the lake owner from the public liability aspect.
I'm sure that no one wanted this outcome, but sometimes unintended consequences can have significant legal implications.
Motto is better to be safe than be sorry, I guess.
I read about this the other day and to begin with I thought this, but the more I think about it, sadly, I think the lake owner is responsible. It's his lake and he is responsible for the safety of members. A lake I used to fish in the early 90's chopped off all the lower branches we used to use to climb the trees due to public liability insurance.
Bailiff was really clear that even if we accepted the risks, it didn't absolve the lake owner from the public liability aspect.
I'm sure that no one wanted this outcome, but sometimes unintended consequences can have significant legal implications.
Motto is better to be safe than be sorry, I guess.
In reply to Post #25
I think blackfield and nickfishermen are correct.
A couple of years ago I bought a small boat (funyak wasp) for syndicate members to use only in emergency situations ie freeing up tethered fish. Via the syndicate leader, I sent out an e-mail to all members outlining the rules and recommendations for using the boat.
A life jacket or buoyancy aid (3 available in various sizes) must be worn at all times, no exceptions. If you are a non swimmer a proper life jacket is essential.
Only one person to be in the boat. This is a ONE man boat
Only to be used in emergency situations, no baiting up, placing rigs or general rowing around looking for clear spots.
It is a small lightweight boat, I would strongly advise not using it in strong winds or big waves.
A scenario I was given as an example of what can go wrong.
A member, Fred , who has hurt himself and broken his arm when he slipped on some mud on the deck of the boat . Fred is self employed and is off work for six months . He tells you – ‘no worries mate , not your fault, I won't claim a penny and I'm insured anyway for being off work'. So he is , and his insurer pays out. But then the insurer is entitled , in Fred's name , and whether he likes it or not , to sue anybody who it thinks caused the accident , and to keep the damages to mitigate its own loss by paying Fred.
I think blackfield and nickfishermen are correct.
A couple of years ago I bought a small boat (funyak wasp) for syndicate members to use only in emergency situations ie freeing up tethered fish. Via the syndicate leader, I sent out an e-mail to all members outlining the rules and recommendations for using the boat.
A life jacket or buoyancy aid (3 available in various sizes) must be worn at all times, no exceptions. If you are a non swimmer a proper life jacket is essential.
Only one person to be in the boat. This is a ONE man boat
Only to be used in emergency situations, no baiting up, placing rigs or general rowing around looking for clear spots.
It is a small lightweight boat, I would strongly advise not using it in strong winds or big waves.
A scenario I was given as an example of what can go wrong.
A member, Fred , who has hurt himself and broken his arm when he slipped on some mud on the deck of the boat . Fred is self employed and is off work for six months . He tells you – ‘no worries mate , not your fault, I won't claim a penny and I'm insured anyway for being off work'. So he is , and his insurer pays out. But then the insurer is entitled , in Fred's name , and whether he likes it or not , to sue anybody who it thinks caused the accident , and to keep the damages to mitigate its own loss by paying Fred.
In reply to Post #26
Two clubs I know, have nominated suitably qualified members as their Health and Safety representatives. Work parties are risked assessed and method statements put in place. Inductions are then carried out. Anyone using certain tools ie chain saws have to have the proper tickets in place and PPE.
Whilst most clubs have no tangible assets to attack, anyone owning lakes could be a target for claims.
With the no win no fee culture its an easy route if you are injured on a work party.
Two clubs I know, have nominated suitably qualified members as their Health and Safety representatives. Work parties are risked assessed and method statements put in place. Inductions are then carried out. Anyone using certain tools ie chain saws have to have the proper tickets in place and PPE.
Whilst most clubs have no tangible assets to attack, anyone owning lakes could be a target for claims.
With the no win no fee culture its an easy route if you are injured on a work party.
Seems like Ricki Sartin is a arse!
I Stopped having “Work Parties” years back. Truth be told – most of the maintenance work can be carried out while fishing (Just set up in the same location) or after a session, like – weed killing, strimming, wood chipping swims, Brick Laying, Pointing, over-flow repairs, swim repairs/rebuilds, Otter Fence repairs/upgrades, servicing Generators & Water Pumps etc.......... stuff that personally I don't mind doing, I just take all the tooling/materials required along with my fishing gear.
I'm not skilled enough to do major tree work, as it's not something I've ever done, If any such work is required – I'd get someone in whose job it is. This guy who got injured, was probably way out of his depth and should have had the common sense to not take such work on.
I'm not skilled enough to do major tree work, as it's not something I've ever done, If any such work is required – I'd get someone in whose job it is. This guy who got injured, was probably way out of his depth and should have had the common sense to not take such work on.
In reply to Post #29
On my syndicate we are asked to help with weed cutting if we are available and some of us will wade out to clear swims. Any expert work has to be approved and done by professional contractors as it is inside a Capability Brown landscaped Park Estate.
On my syndicate we are asked to help with weed cutting if we are available and some of us will wade out to clear swims. Any expert work has to be approved and done by professional contractors as it is inside a Capability Brown landscaped Park Estate.