Mountain Leader Training Association
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Developments in Single Pitch and Mountain Leader Awards Reviews are now complete for the Mountain Leader (ML) and Single Pitch Award (SPA) resulting in very few changes to the basic syllabus but a range of developments in the guidance notes.
Introduction
The proposed Work at Height Regulations have generated a lot of concerns across the adventure activity sector and MLTUK has worked with a number of bodies to try to get a sensible result. The latest submission to the Chair of the Health and Safety Commission, Bill Callaghan is set out below, with a number of reference documents available for you to download.
The HSE has recognised that mistakes were made in the way that the Adventure Activities Sector was lumped together with other industries and has since made a concerted effort to to reach a satisfactory agreement. The latest draft recognises the excellent safety record of this sector and also acknowledges that the aims of adventure make it neither practical nor desirable to blend an inappropriate industrial solution into a sporting activity. At present it would appear to be a complete victory for common sense. Watch this space for further developments in this process.
Crisis meeting on January 15th 2004
On 15 January a packed “crisis” meeting hosted by MLTUK was held at Plas y Brenin with 45 representatives from National Governing Bodies (NGB), the Adventure Activities Licensing Authority (AALA), professional associations, advisers and manufacturers. The consensus was approval of the work of the “crisis committee” led by John Cousins, Doug Jones, Simon Waring and Tom Redfern.
In his capacity as Chair of MLTUK, Doug Jones outlined the situation to date and invited questions from the floor. This brought comparison with the process leading to previous legislation over Personal Protective Equipment, but the crucial difference was recognised that the currently proposed HSE regulations prescribe and limit systems and practice rather than ensuring manufacturing standards.
Tom Redfern used the example of caving to describe the dangers that such regulations would bring to cavers trying to operate a two rope system and the problems of forbidding “lone working” (one instructor with group). The economics of two instructors per group would deny access to training and effectively shut down leadership training in modern vertical caving.
The meeting decided to continue the dialogue with HSE to seek exemption (which after two years of discussions has not been granted) together with taking advice on alternative solutions. The group also decided to ask everybody in our organisations to lobby government through their members of parliament and to mount a publicity campaign that highlights the contribution made to the countries health and wealth by adventure activities and the threat that the draft regulations pose. Specific actions were agreed upon and will be steered by the “crisis committee”.
News Update - (3/4/04)
HSE met Dave Turnbull, Chief Officer, British Mountaineering Council, John Cousins, Mountain Leader Training UK, Tom Redfern Association of Caving Instructors, and Marcus Baillie, Adventure Activities Licensing Authority on 31 March to discuss the draft Work at Height Regulations.
It was a productive meeting; we discussed the key areas of concern: ropes, fragile surfaces, danger areas, lone workers, National Governing Bodies guidance and guidance on the regulations and HSE was able to clarify some points and reassure the sector on others.
HSE recognises that the Adventure Activities sector has a very good safety record, and already has exemplary safety standards and guidance, etc. Adherence to those standards should mean that the sector should have no problem with these draft Regulations.
The closing date for comments on the draft Regulations is Friday, 2 April 2004. HSE will continue to discuss with these adventure activities representatives issues from the consultation.
HSE has received some 500 responses to the consultation exercise. Our next step will be to review those comments and take forward any necessary amendments to the draft Regulations. At this stage, HSE envisages having new Work at Height Regulations on the statute book by the end of the year.
Briefing Paper from Adventure Activity Sector for Health & Safety Commission
1. The Health & Safety Commission should be aware that the adventure activity sector has participated fully in every stage of consultation on the implementation of the E.U. Temporary Work at Height Directive. This culminated in a considered response being submitted on 2nd April (‘Response from the Adventure Activity Sector’, produced by J. Cousins of MLTUK and endorsed by 41 organisations). It is understood that more than 50% of all responses to HSE were from the adventure activity sector .
2. MEPs have confirmed that in developing the E.U. Temporary Work at Height Directive they never once considered any aspect of sport and in particular adventure activities.
3. Colleagues in other European countries are confident that the Regulations will have no impact on their activities . They cannot envisage a situation where any enforcement action would be taken against them and by way of an example we understand in the case of the French caving governing body they have been deemed ‘the competent authority’ and assured that they would be deemed the arbiters of good practice.
4. Adventure activity representatives are adamant that the Regulations will do nothing to improve safety and that they pose a threat to existing good practice. This is a fragile industry with a very good reputation for risk management and a highly competent workforce that is trying to contend with an increasingly risk and activity averse public. Any negative effect on this industry has serious implications for the rural economy and for the various health objectives of the government.
5. Of particular concern within the draft Regulations and Guidance are the issues of ‘lone working’, ‘fragile surfaces’, the interpretation of terms such as ‘suitable weather conditions’, the very prescribed two rope system and the presumption that the use of a single rope is the worst possible option. As they stand, the Regulations and Guidance make no adjustment for the competence of the workforce and neither do they differentiate between man made and natural environments: Two crucial elements that have helped adventure activities maintain their excellent safety records.
6. When the HSE disbanded the Adventure Activity Industry Advisory Committee (AAIAC) it shut down the one direct link that existed between the industry and HSE. A lack of public feedback after each round of informal consultation during 2002 and 2003, combined with a rapid turnover of staff within HSE, fuelled considerable anxiety in the sector. The media campaign during the spring of 2004, associated parliamentary support and the overwhelming response from the sector to the consultation appear to have had the desired effect. In the last three months the concentrated efforts of a consistent group of HSE staff have been very welcome in trying to limit the damage that these Regulations could have to adventure activities.
7. The health and safety of adventure activity workers and the young people and adults that participate in climbing, caving, mountaineering and related activities is of paramount concern to the industry. General health and safety at work legislation, allied to the Adventure Activity Licensing regulations provide a satisfactory regulatory framework. The governing bodies of mountaineering, caving and associated adventure activities are the acknowledged arbiters of good practice and the HSC are asked to advise the Secretary of State to exempt the adventure activity sector under regulation 15 from the regulations.
8. As a sector, we see no benefit to these Regulations being applied to adventure activities. Even with the development of sector specific guidance (drafted by G. Howat of HSE) there will remain, in many employer’s minds, the spectre of prosecution. Best practice will be distorted by misguided attempts to blend an inappropriate industrial solution into a sporting activity. The ensuing confusion will only increase incidents and accidents and so threaten an industry with so much to offer.
John Cousins, (Mountain Leader Training UK)
On behalf of Crisis Committee, Adventure Activities Sector
8 July 2004
The Adventure Activities Sector represents 45 organisations working in this industry including:
