SAPCA: How is the new CDM legislation going to affect sports operators?
Tim Freeman, vice chair of SAPCA’s tennis division, explains how recent changes in health and safety legislation will impact sports and play facility owners and operators
If you are planning to carry out construction works, or have asked contractors to quote for an upcoming project, you need to be aware of your responsibilities under the new Construction, (Design and Management) Regulations 2015 (CDM 2015).
The CDM 2015 places legal obligations on you (the client), as well as on the designers and contractors involved in a construction project, to ensure the Health and Safety (H&S) of anyone who may be affected as a consequence of the works.
What kind of a client are you?
A “domestic client” is defined as an individual having work done at their own home, provided it is not for a business purpose – such as coaching or for let. Domestic clients can transfer their duties to others. Guidance on CDM 2015 refers to other clients as “commercial clients” being an individual or organisation having work done for a business purpose.
The regulations themselves, however, only make reference to clients and domestic clients. So while it might be argued by some sports clubs and others that they are not operating as a business, it would be prudent to accept that the client’s duties will have to be fulfilled in these cases too.
CDM 2015 duties associated with the client role cannot be transferred to other duty holders. You can obtain guidance from those with the necessary knowledge and experience, but the legal duty remains with you.
How does this affect sports and play facilities?
If your sports club, school, parish council or any other form of client body is planning to carry out construction work to provide new or improved sports facilities at premises under your ownership or control, you have statutory duties as the client for that project. You’re not expected to manage or supervise the works, but you are best placed to ensure that only suitably qualified designers and contractors are appointed and that adequate time, finance and resources are allocated to the project to allow it to be completed safely.
What are these duties?
You must appoint a principal designer and a principal contractor – where more than one contractor is being employed – or a contractor for single contractor projects.
The appointments must be of a person or company with the necessary skills and knowledge to carry out the duties that go with these roles. Appointments should be made as early as possible, so health and safety considerations are part of the pre-construction, as well as construction phase.
You must also ensure the project team is adequately resourced, with access to competent health and safety advice and is fully briefed about the project. The team must be provided with all relevant pre-construction information about the site.
How might this work in practice?
It’s a good idea, having found suitably qualified designers and contractors, to formalise their appointment in a way that details the role they are to fulfill as far as CDM 2015 is concerned. In this way you can be seen to have carried out your first duty under the regulations.
Resources proportionate to the work being undertaken must be allocated to the project, including specialist advice if there is a need for it, for example if the site poses challenges that are beyond the everyday experience of the construction team.
You must provide information about the hazards present on the land to your contractor. This is very important, especially in the area where construction will take place or on the access route to it. In particular tell the contractor about underground cables, underground voids (septic tank, old wells, swallow holes etc.), contaminated ground or asbestos, unstable structures or trees – anything that may be dangerous to those surveying the site, carrying out the construction or undertaking subsequent maintenance.
Sufficient time must be allocated for the works to be properly planned and then safely executed. Do not impose contract terms that require the construction team to work to an unrealistic deadline to start and/or complete the works or without provision for progress to be delayed if conditions are unsafe for them to continue.
Your contractor should provide you with a copy of the job-specific health and safety plan, which shows that the risks associated with the works that are going to be done have been assessed and a safe method of working established in advance of that work starting. It’ll also detail how suitable welfare facilities are going to be provided. Until the plan is sufficiently advanced and the welfare facilities have been set up on site, the client mustn’t allow work to begin.
The health and safety file must contain information for those undertaking future projects at your premises. Having agreed the format before work started you should ensure it is handed to you by the time the works are complete.
Strictly speaking, projects where only one contractor is appointed do not have to provide a health and safety file, but it’s a good idea to have a record of what was done, what materials were used and outline any hidden hazards that could catch someone out in the future.
Still unsure about what to do?
It’s understood that for many small projects clients will not be experienced, so one of the legal duties of your contractor under CDM 2015 is to check that you are aware of your duties as the client.
So if you have appointed a competent contractor, the company should be able to assist you. If they don’t raise the subject with you or are unclear on what’s required when asked, you need to remember your first duty is to appoint a contractor who does have the necessary skills and knowledge of these health and safety matters.
For further information on the new CDM guidance, visit the HSE website: http://www.hse.gov.uk/construction/cdm/2015/responsibilities.htm
New online guidance published for outdoor sport and play
New benchmark guidelines for the design of spaces for outdoor sport and play have been published.
The document, Guidance for Outdoor Sport and Play: Beyond the Six Acre Standard, will be a crucial tool for all local planning authorities, developers, planners, urban designers and landscape architects, when designing sport, play and informal open spaces.
This guidance has been produced by SAPCA member Fields in Trust (FIT), the only independent, UK-wide organisation dedicated to protecting and improving outdoor sports and play spaces and facilities. It reflects a new planning policy landscape, including changes to the National Planning Policy Framework (2012), the introduction of The Localism Act (2011) and the phased introduction of the Community Infrastructure.
This updated guidance, which no longer differentiates between urban and rural areas, identifies benchmarks within the current policy framework for informal open space – places for recreation, not involving organised sport and play – and includes parks and gardens, and natural and semi-natural habitats. The guidelines are provided as an interactive PDF on the Fields in Trust website www.fieldsintrust.org/guidance
Playing fields can save the nation millions
A report commissioned by SAPCA member The London Playing Fields Foundation shows how playing fields make a major contribution to cost savings for both local and central government.
The Fields of Dreams impact report demonstrates the social, health and educational impact and cost savings attributed to the clubs and organisations based at just one of its playing fields in Walthamstow, north east London.
The research focuses on 16-25 year old users of the Douglas Eyre Sports Centre in Walthamstow and considers the playing field’s positive impacts on community safety, health and wellbeing, educational attainment and economic regeneration. It shows that savings of nearly £5m could be achieved through proactively engaging with the local community.
At a time of increasing pressure to build new homes on green space it has been very difficult to resist the loss of playing fields. Over the past 25 years, the number of grass cricket wickets in London has fallen by 41 per cent and grass football pitches by 20 per cent. Previously, it has been difficult to prove their wider community value, but the report makes a compelling case for the protection and full use of playing field sites.
The full report: www.lpff.org.uk/About/Reports/Fields-of-Dreams
Success at Salford Sports Facility Show
The recent Sports Facility Show offered a series of informative seminars at Salford’s AJ Bell Stadium. Attended by architects and delegates from sports clubs, local authorities, schools and sports governing bodies, the event featured a keynote speech by funding advisor Karen Wolland on the current sources of financial support available – and how the funding landscape is likely to change in the future.
The day consisted of seminars on a range of subjects including; the maintenance of synthetic surfaces, effective marketing for sports facilities, understanding the construction of bases for outdoor sports, maximising the benefits of play and raising the standards of natural turf pitches. Presentations can be found online in the events section at www.sapca.org.uk
Spotlight on SAPCA
Sports Management speaks exclusively to SAPCA chief executive Chris Trickey about the association’s priorities for 2016.
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SAPCA
Facility owners are increasingly asking how they can be more environmentally friendly. How is SAPCA guiding the industry to a greener future?
We recently produced important guidance for the industry on the handling and disposal of old synthetic sports surfaces. This is something we’ll build on by examining alternative methods of re-using and recycling surfaces in our Technical Programme in 2016.
Upcoming projects include the completion of a number of new and updated Codes of Practices, for bases for sports surfaces, MUGAs, synthetic pitches, athletics tracks, natural sports turf and sports equipment.
In 2016 we’ll also strengthen the programme of technical inspections in our Quality System, which ensures SAPCA members deliver high standards of workmanship and service.
What plans are in place to streamline the export process for UK businesses?
We work closely with UK Trade & Investment to promote export opportunities for British businesses within the sports sector, and SAPCA is now officially recognised as a Trade Challenge Partner. Having created a new Export Group, in 2016 SAPCA will launch its new export strategy with UKTI to help sports companies increase their international trade. There will be a dedicated export promotion workshop at the SAPCA Conference on 8 February 2016.
How do you plan to expand the membership base moving forward?
SAPCA’s membership has grown steadily since its formation in 1997, to more than 230 companies across the sports and play sector. In 2016 we’ll launch a new Individual Membership section to improve professional standards. The initiative will include a new programme of educational and training opportunities, and will provide a new range of membership benefits and opportunities for individual members.
How are you rewarding innovation and the success of your members?
Our members work hard to design new products, introduce new innovations, embrace new technology, and ultimately deliver great sports and play projects. In order to recognise these achievements and to illustrate the best that the industry has to offer, SAPCA is introducing a new annual awards programme, which will be presented to the winners at the SAPCA Annual Dinner.
Members are invited to share their success stories from 2015 at the SAPCA Conference on 8 February 2016 and delegates will be able to vote for their favourite entries.
What does the next year have in store for SAPCA?
There will be some exciting changes in 2016! The annual programme of one-day Sports Facility Shows will be replaced with a series of new themed events, to target different sections of the marketplace.
Delivered jointly with one of SAPCA’s media partners, Wildfire Communications, this will include a new conference and exhibition specifically for the UK’s education sector.
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