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How does HSWA affect sport?

if you have not done BTEC sport then you probably wont know what i mean but i am doing some course work and the question is how does the Health and Safety Work Act 1974 relate to sport?

There are a number of ways the HSWA affects sport:

A professional (employed) sportsperson:
This person (for example a professional footballer) is being paid a wage by his employer. His employer has a ‘duty of care’ over his employees the same as any other employer.

A leisure, amateur or sponsored sportsperson:
This person uses facilities (for example swimming pools and gyms) which are maintained by people whose job it is to service and maintain these facilities. If the sportsperson is injured as a result of (proven) negligence of service or maintenance staff, then he/she may have a case against the provider of the facility. Examples of this are: (1) failure to test lifting equipment in gyms and (2) slippery floors.
Similarly, leisure, amateur or sponsored sportspersons use the services of treatment providers such as physiotherapists etc. The treatment room is a workplace and must be maintained as such. The treatment provider has a ‘duty of care’ over the sportsperson. If the sportsperson is injured, for example by equipment that has not been properly maintained, then the treatment provider may be shown to be negligent. HOWEVER, if the sportsperson alleges that the treatment itself caused an injury as a result of incompetence, I am not sure if this is covered by the HSWA. I just don’t know. It is up to the sportsperson to check the ‘code of practice’ of the treatment provider which will say how disputes are dealt with. The treatment provider will have insurance.

Children:
Schools and school grounds are workplaces – people work there. Those working there have a ‘duty of care’ over the children. If, as part of their job, they fail to provide this care, they may be found negligent. The ‘duty of care’ extends to sports facilities which must be properly maintained.

This is a brief answer. If I have missed the point, please send me an e-mail or post another question.

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