A-Z of leisure health and safety terms
Jan 16, 2021INDEX
This index is designed to support safety professionals working in the leisure environment in finding key terms and definitions related to their work.
Use the Ctrl + F function or navigate the alphabetical index to find the term you seek.
Most of the safety terms and definitions contained within this index are taken from the criminal law as it applies to England and Wales. It is advisable to check the source of the definition before using, applying, or taking action based on that definition and to review the context of the legislation and the use for which it was designed.
A
Absolute duty
Requires compliance at all times.
Access (and egress)
“Access” and “egress” include ascent and descent (Regulation 2(1), The Work at Height Regulations 2005).
Activity
An "activity" is any discrete part of a package or programme offered by a provider that comes within the meaning of facilities for adventure activities (HSE. 2007. Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004. L77, second edition).
Activity centre (inc. "facilities for adventure activities" and "educational establishments")
An “activity centre” means an establishment that is, at the time in question, primarily used for, or as a base for, the provision of instruction or leadership in sporting, recreational or outdoor activities.
“Facilities for adventure activities” means any facilities which consist of, or include, some element of instruction or leadership given to one or more young persons in connection with their engagement in an adventure activity (other than instructions given solely in connection with the supply of equipment for use in such an activity).
“Educational establishment” means an educational establishment attended by young persons, except such an establishment engaged primarily in providing sporting, recreational or outdoor activities (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Adventure activity
An “adventure activity” means caving, climbing, trekking or watersports (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Amusement device
An "amusement device" includes rides, transportable structures entered by the public (e.g. haunted houses, arcades, tents and booths) and shooting galleries where hazardous projectiles are fired (HSE. 2017. Fairgrounds and amusement parks: Guidance on safe practice. HSG175, third edition).
B
Biological agent
A “biological agent” means a micro-organism, cell culture, or human endoparasite, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health (Regulation 2, COSHH 2002).
A "biological agent" is any accident or incident that could have resulted in the release or escape of a biological agent likely to cause severe human infection or illness (Schedule 2, Part 1, ss.10, RIDDOR 2013).
C
Caving
“Caving” means the exploration of underground passages (other than those principally used as show-places open to the public) (Regulation 2(1), The Adventure Activities Licensing Regulations 2004):
(a) In parts of mines which are no longer worked; or
(b) In natural caves where the exploration of those passages requires, to be carried out safely, the use of rock climbing or diving equipment or the application of special skills or techniques.
Child
A “child” is (Regulation 1, MHSWR 1999):
(a) In England and Wales, this means a person who is not over compulsory school age, construed by section 8 of the Education Act 1996(2);
(b) In Scotland, means a person who is not over school age, construed by section 31 of the Education (Scotland) Act 1980(3).
Climbing
“Climbing” means climbing, traversing, abseiling or scrambling over natural terrain or outdoor man-made structures (other than structures designed for such activities), which requires, to be carried out safely, the use of equipment for or the application of special skills or techniques in, rock climbing or ice climbing (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Code of Practice
A “code of practice” includes a standard, a specification and any other documentary form of practical guidance. Codes of practice approved under Section 16 shall be admissible into evidence under Section 17(2); the normal rules of evidence apply to those not approved under Section 16 (Section 53(1), HSWA 1974).
Control measure
A “control measure” means a measure taken to reduce exposure to a substance hazardous to health (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment (Regulation 2, COSHH 2002).
Contractor
A “contractor” means any person (including a non-domestic client) who, in the course or furtherance of a business, carries out, manages or controls construction work (Regulation 2(1), The Construction (Design and Management) Regulations 2015).
A "contractor" is anyone you get to work for you who is not an employee (HSE. 2011. Managing contractors. A guide for employers. HSG159, second edition).
Competency
"Competency" can be described as the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform a task safely. Other factors, such as attitude and physical ability, can also affect someone’s competence. Every director, manager and worker can recognise the risks in operational activities and then apply the right measures to control and manage those risks (HSE. 2021. Available at: https://www.hse.gov.uk/competence/what-is-competence.htm accessed 16th January 2021; Paragraph 27. HSE. 2018. Health and safety in swimming pools. HSG179, 4th edition).
"Competence" is the ability to regularly undertake responsibilities and perform activities to a recognised standard. It combines practical and thinking skills, knowledge and experience (HSE. 2013. Managing for health and safety. HSG65, third edition).
Competent person
A "competent person" has the necessary skills, experience and knowledge to manage health and safety (HSE. 2021. Available at: https://www.hse.gov.uk/involvement/competentperson.htm accessed 16th January 2021).
Construction work
“Construction work” means the carrying out of any building, civil engineering or engineering construction work and includes—
(a) The construction, alteration, conversion, fitting-out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), decommissioning, demolition or dismantling of a structure;
(b) The preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion;
(c) The assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure;
(d) The removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure;
(e) The installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure
but does not include the exploration for, or extraction of, mineral resources or preparatory activities carried out at a place where such exploration or extraction is carried out (Regulation 2(1), The Construction (Design and Management) Regulations 2015).
"Danger" may be described as imminent contact with a hazard.
A "danger area" is a work environment where the level of risk is unacceptable, but an employee must enter without taking special precautions. Such areas are not necessarily static, so minor alterations or an emergency may convert a normal working environment into a dangerous area (HSE. 2013. Managing for health and safety. HSG65, third edition).
One of several specific, reportable adverse events, as defined in the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (HSE. (2004). Investigating accidents and incidents. HSG245).
A "duty holder" is any person with duties imposed on them by relevant statutory legislation (HSE. 2017. Fairgrounds and amusement parks: Guidance on safe practice. HSG175, third edition).
An “employee” means an individual who works under a contract of employment or is treated by section 51A as being an employee, and related expressions shall be construed accordingly (Section 53(1), HSWA 1974).
F
Fairground equipment
“Fairground equipment ” means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon. In this definition, the reference to a plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and another plant which is designed to be in motion wholly or partly under the control of or to be put in motion by, a member of the public.
Note: This definition was inserted in the Health and Safety at Work etc Act 1974, section 53, by an amendment enacted by the Consumer Protection Act 1987. The definition is held to include coin-operated children’s rides, but not nonpowered children’s playground equipment (Section 53(1), HSWA 1974; HSE. 2017. Fairgrounds and amusement parks: Guidance on safe practice. HSG175, third edition).
First Aid
“First-aid” means (Regulation 2(1), The Health and Safety (First-Aid) Regulations 1981):
(a) In cases where a person will need help from a medical practitioner or nurse, treatment to preserve life and minimise the consequences of injury and illness until such help is obtained, and
(b) Treatment of minor injuries that would otherwise receive no treatment or do not need treatment by a medical practitioner or nurse.
Fragile surface
“Fragile surface” means a surface that would be liable to fail if any reasonably foreseeable loading were to be applied to it (Regulation 2(1), The Work at Height Regulations 2005).
H
Hazard
A “hazard” about a substance means the intrinsic property of that substance that has the potential to cause harm to the health of a person, and “hazardous” shall be construed accordingly (Regulation 2, COSHH 2002).
A "hazard" is anything that can cause harm (HSE. 2007. Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004. L77, second edition).
"The potential to cause harm, including ill-health and injury, damage to property, plant, products or the environment, production losses or increased liabilities" (HSE. 2013. Managing for health and safety. HSG65, third edition).
I
Ill-health prevalence rate
The prevalence rate is the number of ill-health cases observed over the period divided by the number of people exposed to that agent multiplied by 1,000 (or the appropriate multiplier).
Immediate cause
The most obvious reason(s) for an adverse event (HSE. 2004. Investigating accidents and incidents. HSG245).
Incident
An incident may be a "near miss" or an "undesired circumstance" (HSE. 2004. Investigating accidents and incidents. HSG245):
A "near miss" is an event that, while not causing harm, has the potential to cause injury or ill health.
An undesired circumstance" is a set of conditions or circumstances that have the potential to cause injury or ill-health.
Inspection
An “inspection” is about an inspection under paragraph (1) or (2) of Regulation 6 (Regulation 2(1), The Provision and Use of Work Equipment Regulations 1998).
(a) Means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described in the paragraph;
(b) Where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose.
An "inspection" is an examination of a product design, product, service, process or plant, and determination of their conformity with specific requirements or, on the basis of professional judgement, general requirements (HSE. 2017. Fairgrounds and amusement parks: Guidance on safe practice. HSG175, third edition).
L
Lifting equipment
“Lifting equipment” means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it (Regulation 2(1), The Lifting Operations and Lifting Equipment Regulations 1998).
M
Mistake
Where a person is given a set of rules to follow and applies the wrong rule (rule-based) or where a person makes a judgement in an unfamiliar situation where the rules provided do not apply or are insufficient (knowledge-based) (HSE. 2004. Investigating accidents and incidents. HSG245).
N
New or expectant mother
A “new or expectant mother” means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding (Regulation 1, MHSWR 1999).
P
Personal fall protection system
“Personal fall protection system” means (Regulation 2(1), The Work at Height Regulations 2005):
(a) A fall prevention, work restraint, work positioning, fall arrest or rescue system, other than a system in which the only safeguards are collective safeguards; or
(b) Rope access and positioning techniques.
(Regulation 2(1), The Work at Height Regulations 2005).
Personal protective equipment
“Personal protective equipment” means all equipment (including clothing) that is intended to be worn or held by a person at work and which protects that person against one or more risks to his health and any addition or accessory designed to meet that objective (Regulation 2, COSHH 2002).
Permit to work
A "permit-to-work" specifies the work to be done, precautions to be taken and a clear record that all foreseeable hazards have been considered. They are typically used where normal physical safeguards cannot adequately control the risk of serious injury (HSE. 2011. Managing contractors. A guide for employers. HSG159, second edition).
Pool basin
"Pool basin" is the water tank where water-related activities can occur (Clause 3.7. EN 15288-1:2018. Swimming pools for public use. Part 1 safety requirements for design).
Pool surround
"Pool surround" is defined as the walkable area around a pool basin associated with using the pool basin itself (Clause 3.8. EN 15288-1:2018. Swimming pools for public use. Part 1 safety requirements for design).
Practicable
Where a measure is technically possible, in light of current knowledge and invention, it must be taken within a reasonable period.
Preventative and protective measures
“Preventive and protective measures” are the measures that have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions (Regulation 1, MHSWR 1999).
Public use (pool)
"Public use" is defined as the use of an installation open to everyone or to a defined group of users, not designated solely for the owner's/proprietor's/operator's family and guests independently from paying an entrance fee (Clause 3.5. EN 15288-1:2018. Swimming pools for public use. Part 1 safety requirements for design).
R
(so far as) Reasonably practicable
"So far as is reasonably practicable" means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk (Paragraph 16. HSE. 2018. Health and safety in swimming pools. HSG179, 4th edition).
Risk
“Risk”, about the exposure of an employee to a substance hazardous to health, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure and also the extent of that harm (Regulation 2, COSHH 2002).
"Risk" is the likelihood that a specified undesired event will occur due to the realisation of a hazard by, or during, work activities or by the products and services created by the work activities (HSE. 2013. Managing for health and safety. HSG65, third edition).
A risk profile examines
a. The nature and level of the threats faced by an organisation;
b. The likelihood of adverse effects occurring;
c. The level of disruption and costs associated with each type of risk;
d. The effectiveness of controls in place to manage those risks.
The outcome of risk profiling will be that the right risks have been identified and prioritised for action, and minor risks will not have been given too much priority. It also informs decisions about what risk control measures are needed (HSE. 2013. Managing Health and Safety for Work. HSG65, third edition).
S
Safe
The majority judgment in Baker v Quantum [2011] UKSC 17 provided useful guidance on the meaning of "safe". The majority judgment concluded that any assessment of what is safe involves judgment, and so cannot be assessed objectively. In assessing whether a workplace is safe, the knowledge, circumstances and foreseeability of injury that existed at the time of injury are relevant to assessing whether a workplace is safe. Four reasons were given for that view:
a. Previous legislation has not used the word "safe” to mean “absolutely safe”.
b. The later authority of R v Chargot Limited [2009] 1 WLR about the HSWA 1974 agreed that "safety" was aimed at "material risks" and did not mean "absolutely safe".
c. Kerr and Clarke L.JJ agreed. They dissented on grounds that they believed within the specific wording of the Factories Act 1937, what was "safe" should be assessed by reference to contemporary standards rather than those which existed at the time of the accident. It is important to note that Parliament can define the same word differently by expressly including the definition in the Act or Regulation which applies.
Safety
The freedom from unacceptable risks of personal harm (BS 4778-3.1:1991 Quality vocabulary. Availability, reliability and maintainability terms. Guide to concepts and related definitions; HSE. 2017. Fairgrounds and amusement parks: Guidance on safe practice. HSG175, third edition).
Safety representative
A “safety representative” is appointed under Regulation 3(1) of The Safety Representatives and Safety Committees Regulations 1977 (Regulation 2(1), The Safety Representatives and Safety Committees Regulations 1977).
Self-employed person
A “self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he employs others (Section 53(1), The Health and Safety at Work etc. Act 1974).
Skiing
“Skiing” means sliding over snow or ice on skis, skates, sledges or similar equipment (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Slip or lapse of memory (skill-based errors)
A lapse of memory when carrying out a familiar task automatically without thinking may result in the wrong step being performed (slip) or steps performed out of sequence (lapse) (HSE. 2004. Investigating accidents and incidents. HSG245).
Specified waters
“Specified waters” means (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
(a) the sea;
(b) tidal waters;
(c) inland waters at a location where any part of those waters is more than 50 metres from the nearest land excluding any island; or
(d) inland waters where the water's surface is made turbulent because of weirs, rapids, waterfalls or fast-flowing currents.
"Specified waters" includes any place within the territorial limits of Great Britain on the sea or any other tidal waters, including estuaries, the tidal reaches of rivers, sea lochs and harbours. The term also includes any body of inland water that can be more than 50 m from the nearest perimeter bank; and any inland waters where the surface is turbulent because of weirs, rapids, waterfalls or fast-flowing currents (white water) (HSE. 2007. Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004. L77, second edition).
Substance
A “substance” means any natural or artificial substance, including micro-organisms, whether in solid or liquid form or the form of a gas or vapour (Section 53(1), HSWA 1974; Regulation 2(1), The Control of Substances Hazardous to Health Regulations 2002).
Substances hazardous to health
A “substance hazardous to health” means a substance (including a preparation) (Regulation 2(1), The Control of Substances Hazardous to Health Regulations 2002):
(a) which is listed in Part I of the approved supply list as dangerous for supply within the meaning of the CHIP Regulations and for which an indication of danger specified for the substance is very toxic, toxic, harmful, corrosive or irritant;
(b) For which the Health and Safety Commission has approved a maximum exposure limit or an occupational exposure standard;
(c) Which is a biological agent;
(d) Which is the dust of any kind, except dust which is a substance within paragraph (a) or (b) above, when present at a concentration in air equal to or greater than—
(i) 10 mg/m3, as a time-weighted average over 8 hours, of inhalable dust, or
(ii) 4 mg/m3, as a time-weighted average over 8 hours, of respirable dust;
(e) Which, not being a substance falling within sub-paragraphs (a) to (d), because of its chemical or toxicological properties and the way it is used or is present at the workplace creates a risk to health;
Suitable
"Suitable” means suitable in any respect which it is reasonably foreseeable will affect the safety of any person (Regulation 2(1), The Work at Height Regulations 2005).
Suitable and sufficient (in the context of risk assessment)
A suitable and sufficient risk assessment should be (based on the now withdrawn ACOP for Regulation 3, MHSWR 1999):
- Identify the risks arising from or in connection with work.
- The level of detail should be appropriate to the risk.
- Once risks are assessed, focus on controls for material risks.
- The level of risk arising from the work activity should determine the degree of sophistication of the risk assessment.
- The assessment approach will be appropriate to the nature of the work.
- Identify the period for which it is likely to remain valid.
- Completed by a competent person.
Swimming pool
"Swimming pool" means any facility with one or more water areas intended for swimming, leisure or other water-based physical activities (Clause 3.1. EN 15288-1:2018. Swimming pools for public use. Part 1 safety requirements for design).
T
A "tolerable risk" is a risk that is not acceptable (i.e. does not meet legal requirements).
"Training" means helping people to learn how to do something, telling people what they should or should not do, or simply giving them information. Training isn’t just about formal classroom courses (HSE. 2012. Health and safety training. A brief guide. INDG345, revision 1).
Trekking
“Trekking” means journeying on foot, horse or pedal cycle or ski-ing over terrain—
(a) Which is moorland or more than 600 metres above sea level; and
(b) From which it would take more than 30 minutes travelling time to reach any access road or refuge;
but does not include ski-ing on a prepared and marked-out ski run which is patrolled by persons engaged to assist in cases of injury (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Trekking for the licensing scheme covers walking, pony trekking, mountain biking, off-piste skiing, or similar in remote open country (HSE. 2007. Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004. L77, second edition).
“Use” about work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning (Regulation 2(1), The Provision and Use of Work Equipment Regulations 1998).
V
Violation
Deliberate failure to follow the rules, cutting corners to save time or effort, based on the belief that the rules are too restrictive and are not enforced anyway (HSE. 2004. Investigating accidents and incidents. HSG245).
Voluntary association
A “voluntary association” means an association, club, society, organisation or other body (whether corporate or unincorporated) which provides facilities to its members and is not a business, or part of a business, conducted for profit; and “member” about such an association shall exclude a person who is made a member solely in connection with the sale to him by the association of a course of instruction (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
W
Watersports
“Watersports” means the use of specified waters of (Regulation 2(1), The Adventure Activities Licensing Regulations 2004):
(a) Canoes, kayaks or similar craft propelled or steered by paddles held in hand (but excluding rowing boats propelled or steered by oars);
(b) Rafts (including those which are inflatable or which are improvised from various materials but excluding those propelled using a motor or towed by a motor-boat); or
(c) Sailing boats, windsurfers, sailing dinghies or other craft whose principal means of propulsion is the wind but excluding craft the construction, equipment and use of which is subject to a requirement for a certificate issued under the Merchant Shipping Act 1995 or any regulation or order made thereunder.
Welfare (at work)
“Welfare at work” means those aspects of welfare at work which are the subject of health and safety regulations or any existing statutory provisions within the meaning of section 53(1) of the HSWA 1974 (Regulation 2(1), The Safety Representatives and Safety Committees Regulations 1977).
White water grades
"White water grades" are those defined by the International Canoe Federation (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Winter
Winter means when winter conditions, including snow and ice, prevail or are forecast. This cannot be defined by a portion of the year. Summer means any conditions not covered under ‘winter’ (Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
(At) Work
An employee is at work throughout the time when he is in the course of his employment but not otherwise.
A self-employed person is at work throughout such time as he devotes to work as a self-employed person (Section 52(1), HSWA 1974).
Work at height
“Work at height” means:
(a) Work in any place, including a place at or below ground level;
(b) Obtaining access to or egress from such place while at work, except by a staircase in a permanent workplace,
where, if measures required by these Regulations were not taken, a person could fall a distance liable to cause personal injury (Regulation 2(1), The Work at Height Regulations 2005).
Work equipment
“Work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not) (Regulation 2(1), The Construction (Design and Management) Regulations 2015; Regulation 2(1), The Provision and Use of Work Equipment Regulations 1998; Regulation 2(1), The Lifting Operations and Lifting Equipment Regulations 1998).
Workplace (place of work)
A “workplace” for a safety representative means any place or places where the group or groups of employees he is appointed to represent are likely to work or which they are likely to frequent in the course of their employment or incidentally to it (Regulation 2(1), The Safety Representatives and Safety Committees Regulations 1977).
A “workplace” means a workplace within the meaning of regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 other than a construction site. A “place of work” means any place which any person at work uses for construction work or any activity arising out of or in connection with construction work (Regulation 2(1), The Construction (Design and Management) Regulations 2015).
A “workplace” means any premises or part of premises which are not domestic premises and are made available to any person as a place of work and includes:
(a) Any place within the premises to which such person has access while at work; and;
(b) Any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road;
but shall not include a modification, an extension or a conversion of any of the above until such modification, extension or conversion is completed (Regulation 2(1), The Workplace (Health, Safety and Welfare) Regulations 1992).
A “young person” means any person who has not attained the age of eighteen (Regulation 1, MHSWR 1999; Regulation 2(1), The Adventure Activities Licensing Regulations 2004).
Citation: Jacklin, D. 2021. Index of terms and definitions applicable to the leisure environment. Water Incident Research Hub, 16 January.