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Sports equipment: action to avoid negligence claims
Tags: Child Protection Coordinator | Classroom Teacher | Legal liability | PE and Sport | Subject Leader | Teaching and Learning
Setting out and packing away heavy equipment can be dangerous. Kris Lines sets out safety precautions that will minimise the risks to pupils and staff Sports equipment is integral to physical education, but there are many hazards associated with its use. Every year hundreds of pupils are injured setting out gymnastics apparatus, judo mats, games and athletics equipment. This article will discuss how the introduction of simple safety rules, risk assessments and the provision of increased training for pupils and staff can prevent negligence liability arising from use of sports equipment. GENERAL PRINCIPLES
The place to start this discussion is the equipment cupboard. Any equipment stored should be stable, accessible and secure. Too often these spaces become repositories for junk, with equipment being used on a last-in, first-out basis. Whether the equipment area is an alcove, lockable cupboard, or simply a designated wall of a gym, it is vital that it be kept clean and tidy, and regularly inspected. It is not enough for schools to rely on an annual spring clean — every user of the gym, at every session, must take responsibility for keeping these areas tidy and secure. Dangerous items In particular, rebound equipment (such as trampolines, trampettes and springboards) must be securely stored when not in use. These objects are dangerous in the wrong hands and the school will be liable for injury caused even where an unauthorised person uses them (without permission) and suffers an injury. The governing body British Gymnastics recommends that the frames of all trampolines be secured with padlocks to prevent unauthorised use. This type of equipment should not be left out unsupervised (and unlocked) in an empty gym between lessons or overnight.
It is also important to keep equipment maintenance records Where there is a foreseeable risk of vandalism, rust or damage to the equipment, inspections should be more frequent and thorough.
Under the Manual Handling (Operations) Regulations 1992, and the amendments in regulation 4(3) 2002, all manual handling operations at work should take account of:
Although the general principle that every child learns how to handle apparatus and position it for use is laudable, it is not enough for teachers to be passive onlookers during this process. What is needed is a wider framework of assessment, training and supervision. This process must start with a risk assessment of the dangers associated with use of the equipment. (See Five steps to risk assessment, www.hse.gov.uk/pubns/indg163.pdf). Footwear Often, though, school PE lessons have pupils lifting and arranging apparatus in socks. Inadequate footwear is a hazard that the risk assessment must deal with. Size, weight and strength It is not appropriate to assume that all pupils are equally able to lift, fold and unfold apparatus used. Specialist equipment If so, consider using additional staff or older pupils to help set up the trampolines, and the newer, younger pupils to position mats. Or consider timetabling younger age groups between older classes, so that smaller pupils will not need to set equipment out. Supervision Pupils should be prevented from putting out equipment without the direct supervision of a member of staff. Schools should train pupils to a level that is appropriate for helping staff. What is ‘appropriate’ will vary from school to school, and depend on the risk profile of the institution. BAALPE guidance
Before the pupils use equipment in a lesson, it is vital that a member of staff check that the apparatus is appropriate for the skills being taught, and positioned correctly. Schools should therefore assess what matting (if any) is required for each apparatus used — and this decision should form part of the earlier risk assessment for the activity. The choice of matting should not be left to the pupil, or depend on what mats are available for that session. Guidance on equipment for each activity can be obtained from the respective professional body. The final part of any equipment The direction of movement on and around the activity will also be important, especially in multi-apparatus arrangements or where projectiles are used. YOU CAN AVOID ACCIDENTS Schools should have policies in place that cover how and where equipment should be stored, handled and maintained (and by whom). Pupils may require additional training. The nature and length of this training will depend on the activities being pursued and on the pupils and staff taking part. Dangerous items In particular, rebound equipment (such as trampolines, trampettes and springboards) must be securely stored when not in use. These objects are dangerous in the wrong hands and the school will be liable for injury caused even where an unauthorised person uses them Fowles v Bedfordshire County Council (1995) Although the case concerns a youth hostel rather than a school, the judge commented that in schools, gymnastics equipment should be made secure outside lesson-times. This has implications for the use of school sports equipment. Schools must consider what equipment is to be used, in which lessons, and by whom:
Good practice would also recommend that all children be taught from an early age:
Suggestions for training pupils More cautious schools could take a register of the pupils who have attended this class — and give internal school certificates. This will provide the school with a legal record of having trained the pupils in equipment handling, and the pupils will get a certificate for their record of achievement portfolio. As with any form of training, it is important that this not be treated as Inappropriate apparatus The judge held that the tumbling mat used as a landing area beneath the rings was inappropriate and did not provide sufficient protection against injury caused during a fall. Kris Lines is a gymnastics and trampolining coach. He also teaches at Birmingham University, where his research area is sport negligence law. This article first appeared in Education Law Update - May 2007 What is this? What is this? These icons allow you to do one of the following: You can 'socially bookmark' this page. If you like this article and think others will be interested in it, you can add it to one of the sites on which web users share links. These are Digg, del.icio.us, Reddit, ma.gnolia, Newsvine or Furl. Add a link to your Google homepage or 'My Yahoo!' page. Search Technorati, Ice Rocket or PubSub to see if any bloggers have linked to this article. | | | | | | | | | |
Member Comments
Trampette questionSubmitted by Miss L Harris (not verified) on Thu, 2008-05-08 07:11.
I've heard that you have to have a special qualification in order to teach with trampettes in schools, does anyone know if this is true? and if so what do i need to do? Linds » reply
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