3rd Parties and Contractors
The Club should recognise that they have a legal duty to protect people who are not employed by them but could be affected by their work activities. This is particularly important for Golf Clubs due to the possibility of contractor's (both short term and long term) working on site in any of the areas of the club. It is important to note that whilst the contractor is responsible for the staff that they employ, the club will still retain responsibility for the area that the persons are in and also for the fitness of any club owned equipment being used by any 3rd parties or contractors.
Section 3 of the Health and Safety at Work, etc Act 1974 protects visitors to the site, the employees of other companies and members of the public.
People who suffer an injury that arises from a club's work activities can take civil action against the owner or the club. The responsible person may also be prosecuted by the relevant Enforcing Agency and fined/jailed where there has been a breach of statutory duty.
Where the club is using a contractor to carry out a working function it is important that the following is in place:
- The club have a system of vetting contractors and retain evidence of this vetting process along with relevant copies of insurance and competence held by contractors
- An agreement is in place between the club and the contractor that explicitly mentions the health and safety responsibilities of each party
- Information on hazards that are present in the club are given to the contractors so that they understand any procedures that they need to follow
- The contractors that operate onsite are supervised/monitored on a regular basis to ensure that they are working safely and competently
- Any equipment that is owned by the club that is used by contractors is maintained and tested to ensure that it is safe to use at all times
- Risk assessments on the activities carried out by the contractors whilst onsite at the golf club have been carried out and any control measures that the club have to carry out have been communicated
- There is regular communication between the club committee and the contractor to indicate any problems, accidents that have occurred or any assistance that is needed
Questions to Consider
- Have the contractors that are operating within the club been sufficiently vetted via a tender process or a contractor's questionnaire?
- Is there an agreement in place that divides the health and safety responsibilities between the club and the contractor?
- Have risk assessments been completed by the contractor to identify and assess the risks of their work whilst at the club?
- Does the contractor have all relevant insurances in place to insure their activities and the persons that may be harmed as a result of them?
- Has the equipment that is used by the contractor been sufficiently inspected and maintained?
- Where this equipment is owned by the club has this maintenance, testing and inspection been carried out on a timely basis?
- Are contractors monitored/supervised on a regular basis by club representatives to ensure that they are working safely?
- Is communication between the committee and the contractors regular?
The above guidance provides an introduction on the main requirements needed to adequately manage this health and safety topic. If you require further guidance, risk assessments or template documentation on this subject please consult your relevant full guidance health and safety website (BIGGA, England Golf, Scottish Golf, Wales Golf). If you do not hold the log in details for this website, for your club, please speak to your golf club management team to identify who the account administrator is and request the details.