Leisure safety myths from the HSE Myth Busters Challenge Panel

ARTICLE

A selection of leisure and related myths from the HSE myth-buster challenge panel and a 2014 analysis by the University of Exeter into lessons learnt. 

 

Gym ceases 24/7 opening hours due to health and safety reasons

A gym reduced its 24/7 opening hours, closing overnight, citing health and safety as the reason for the closure.

Panel opinion

Whilst there may be some additional health and safety considerations in operating the gym 24/7, they are all easily manageable, as thousands of businesses demonstrate by providing an around-the-clock opening. This facility chose to trump all of the other reasons behind their decision to curtail their opening hours with the health and safety card when they should have had the courage to reveal their full hand.

HSE391. (2016). Gym ceases 24/7 opening hours due to health and safety reasons. Available at: https://www.hse.gov.uk/myth/myth-busting/2016/case391-gym-reduced-24hr-opening-closing-overnight-for-hs.htm?eban=govdel-myths&cr=24-Mar-2016 accessed 1st September 2021. 

 

Library tells children to burst balloons before leaving, citing health and safety reasons

Enquirer was told that they could not give out air-filled balloons to children after a library book event due to unspecified health and safety reasons. Instead, they had to burst them and throw them away.

Panel opinion

What a lot of hot air! There are no health and safety regulations that stand in the way of children having fun with balloons.

HSE348. (2015). Library tells children to burst balloons before leaving, citing health and safety reasons. Available at: https://www.hse.gov.uk/myth/myth-busting/2015/case348-children-not-allowed-to-have-balloons.htm?eban=govdel-myths&cr=24-Feb-2015 accessed 1st September 2021. 

 

Customer cites hygiene concerns about the use of personal water bottles instead of disposable cups at the water cooler and complaints to the gym manager

A customer made a complaint about other gym users filling up personal water bottles from a water cooler instead of using the disposable cone cups provided. The customer stated that this was against health and safety regulations as germs could be spread this way.

Panel opinion

Well done to the gym manager for raising this and bringing it to our attention. It is important for gym users to keep hydrated, and there are no health and safety reasons why they cannot do so using their own bottles rather than the paper cups provided. Other establishments which do ban gym users from using their own bottles are likely to have other motives for doing so – but it is not a health and safety issue.

HSE387. (2015). Gym manager queried customer’s complaint on gym users topping up personal water bottles from cooler. Available at: https://www.hse.gov.uk/myth/myth-busting/2015/case387-gym-manager-queried-complaint-on-topping-up-water-bottles.htm?eban=govdel-myths&cr=15-Dec-2015 accessed 1st September 2021. 

 

Leisure centre stops judo club from laying their own mats

A leisure centre has refused to allow a martial arts club permission to lay out judo mats for classes on the grounds of health and safety.

Panel decision

The centre is right to state that they need to ensure that the people who put out the equipment do so knowing how to handle mats which are quite heavy - but there is no logical reason and certainly no health and safety requirement for this to be done by leisure centre staff exclusively.

The matter at the heart of this case is cost, with the centre charging for putting the mats out and the club members preferring to do it themselves on a voluntary basis. The panel recommends a constructive dialogue about the real reasons for the centre's reluctance to agree to the club's request/proposal recognising that any health and safety concerns can be easily resolved and should not be used as an excuse.

HSE 250. (2014). A leisure centre disallows a martial arts club from laying its own mats. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case250-leisure-centre-martial-arts-mats.htm?eban=govdel-myths&cr=30-Jan-2014 accessed 24th August 2021. 

 

Café refused to top up tea in the same cup due to health and safety

The enquirer was having a cup of tea in a café and was told he could not have a second cup poured into the same cup but must be supplied in a new one.

Panel decision

This is not a health and safety matter, and there is no legislation that would prevent the customer from being served the second cup of tea in the same mug. The café may have other reasons for its policy, but the panel applauds the person who raised this example of excessive risk aversion and his well-meaning attempt to save on their washing up!

HSE 285. (2014). Café refused to top up tea in the same cup due to health and safety. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case285-cafe-refused-top-up-tea-in-same-cup.htm?eban=govdel-myths&cr=29-May-2014 accessed 24th August 2021. 

 

Free weights removed in gyms

Many gyms, especially commercial, only have resistance machines instead of free weights. Health and safety is always the explanation for this as it is said that free weights are unsafe.

Panel decision

There are no Health and safety regulations that would prevent someone from lifting free weights in a gym. The gym has a right to set its own policy on the provision and use of fixed weights, which may be linked to levels of supervision and the need to ensure people know how to use the equipment properly. However, it should state its reasons clearly.

This is a clear case of "health and safety" being used as an easy catch-all excuse rather than explaining the reasons for their policy.

HSE 311. (2014). Free weights not allowed in gyms. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case311-free-weights-not-allowed-in-gyms.htm?eban=govdel-myths&cr=02-Sep-2014 accessed 24th August 2021. 

 

Swimming pool cites health and safety reasons for refusing to lend floats, goggles, or woggles

A poster at a public swimming pool says: "Due to health and safety regulations, we are unable to lend floats, goggles or woggles."

Panel decision

There is no health and safety regulation that prevents the loan of goggles and flotation devices at public swimming pools. Many swimming pools continue to provide these aids to swimmers without a problem. The notice itself is confusing in that it is unclear whether their use is banned or if it's ok to use them if customers provide their own.

The pool operators should own up to the real reason why they no longer provide this service to their customers.

HSE 308. (2014). Swimming pool unable to lend floats, goggles, or woggles. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case308-swimming-pool-unable-to-lend-floats-goggles-woggles.htm?eban=govdel-myths&cr=21-Aug-2014 accessed 24th August 2021. 

 

Swimming pool bans tumble turns citing health and safety reasons

Freestyle lane tumble turns banned from Council run swimming pool for health and safety reasons

Panel opinion

Whilst there can be risks to the swimmer and others from tumble turns, incidents are not common. The decision as to whether or not to allow the practice should be based on a number of factors, including pool depth and configuration; number, abilities and demographic of swimmers involved; and other pool activities and supervision issues. In this instance, it appears the operator has considered these factors, though it may have been helpful if they had explained more fully the rationale for banning their use during the public sessions in question.

HSE 394. (2016). Tumble turns banned from council-run swimming pool for health and safety reasons. Available at: https://www.hse.gov.uk/myth/myth-busting/2016/case394-tumble-turns-banned-in-swimming-pool.htm?eban=govdel-myths&cr=13-Apr-2016 accessed 24th August 2021. 

 

Baby labelled “trip hazard” by leisure centre

Enquirer attended a leisure centre with her 3-year-old and 11-month-old (who was sleeping in a portable car seat) to enable her 3-year-old to partake in an activity session. The enquirer was stopped from bringing the 11-month-old into the event for "health and safety" reasons. The leisure centre had completed a risk assessment that was only done for 1-5-year-olds and therefore, under 1's could not be in that room due to them being a trip hazard. They ended up having to leave and get their money back (along with two other mums for the same reason).

Panel decision

Although the centre does need to consider the safety of children participating in a fun event, they appear to have extended their assessment to include those who are merely watching under their parents' supervision. If they have real concerns about the presence of a sleeping baby - either because of lack of space or causing an obstruction - they should make this clear. It is entirely predictable that parents bringing 1-5-year-olds to such an event would be likely to bring even younger siblings along, so it is difficult to understand why this was not considered in advance and a means found to accommodate them. At best, this is a case of poor communication, and at worst, it is simply using health and safety as an excuse. The leisure centre management should have offered a better solution than this.

HSE 284. (2014). Babies banned from toddler activity at local leisure centre. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case284-babies-banned-from-toddler-activity.htm?eban=govdel-myths&cr=27-May-2014 accessed 24th August 2021. 

 

No filling of working dog’s water bowl using workplace tap or sink

Enquirer is deaf and has a Hearing Dog who accompanies her into the workplace. First thing in the morning, she empties the dog's water bowl and refills it with fresh water using the sink in the kitchen/chill-out area, which is located nearest to her. She has been told that she can not do this as it's against health and safety and will upset the other employees. She is expected to take the bowl of water into the toilet, which is through three doors, two of which are operated by a pass system, to dispose of the water and then collect cups of water from the kitchen to fill the bowl at her desk.

Panel decision

There are no health and safety regulations that could conceivably stop the filling or emptying of a working dog's water bowl in a kitchen area. The employer should be challenged to reconsider their decision and to explain why they felt it necessary to implement the ban – they cannot hide this one behind health and safety.

The employer also needs to consider whether this imposed restriction is consistent with making reasonable adjustments to enable disabled people to work.

HSE 267. (2014). Not allowed to fill and empty a working dog’s water bowl in the workplace sink. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case267-dog-water-bowl-workplace-sink.htm?ebul=hsegen&cr=6/31-mar-14 accessed 24th August 2021. 

 

Visitor asked not to use a mobile phone and to hold the handrail when ascending the staircase

Enquirer was visiting a Head Office of a large company and was approached on two separate occasions by two different members of staff within the hour and was politely told off on the grounds of Health and Safety for:

• not holding the handrail when ascending the stairs
• talking on his mobile phone whilst descending the stairs

The building is very modern, and the staircase is large, not steep and is open plan.

Panel decision

Whilst it is true that slips and trips on stairs are a common cause of injuries at work, there is no mandatory requirement to "hold the handrails" Research actually suggests that the key requirement is for handrails to be available, visible, and at the right height so that they can be grasped in the event of a slip or trip rather than be continuously held. Given that people need to be able to recover themselves in the event of a trip on the stairs, it is probably not a good idea to be using a mobile phone.

There are no specific legal requirements on either of these matters, so it would have been preferable to point out that it is company policy rather than the catch-all "health and safety".

HSE 271. (2014). Visitor asked not to use mobile phone and to hold handrail when ascending stairs. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case271-visitor-handrail-mobile-phone-stairs.htm?eban=govdel-myths&cr=01-Apr-2014 accessed 24th August 2021. 

 

Gym users must pay a fee for induction with the new gym operator

Enquirer lives in an apartment block that has its own gym. A new fitness firm has taken over the running of the gym and has sent a legal document to all owners and residents stating that it is a requirement under health and safety regulations that all users of the facility have to undertake the firm's fee-paying induction programme or they are not allowed to use the gym. When the enquirer challenged the "requirements", he was told it was designed to protect them from being sued.

Panel opinion

"Health and safety regulations" do not require users to undertake induction training on gym equipment. While it is useful for new users, insisting that existing customers pay for induction training on the equipment they are already familiar with is excessive. This appears to be about a fear of being sued rather than a decision based on real health and safety risks. The company should be honest about the reasons for insisting on the training rather than using "health and safety regulations" as an excuse.

HSE 359. (2015). Current users of a gym need to undertake a fee-paying induction programme. Available at: https://www.hse.gov.uk/myth/myth-busting/2015/case359-curret-gym-users-need-to-take-fee-paying-induction-course.htm?eban=govdel-myths&cr=15-May-2015 accessed 24th August 2021. 

 

Leisure centre bans fruit in the sauna rest area

A leisure centre banned eating fruit in the rest area of a sauna for health and safety reasons.

Panel decision

There are no health and safety regulations that would ban the consumption of fruit in sauna areas. Whatever the management's reasons are for imposing this ban, they need to provide a proper explanation not use the convenient health and safety catch-all excuse.

HSE 274. (2014). Ban on eating fruit in a sauna rest area. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case274-ban-eating-fruit-sauna-rest-area.htm?eban=govdel-myths&cr=10-Apr-2014 accessed 24th August 2021. 

 

Nappies are not to be disposed of in sanitary bins due to health and safety law

At a local party venue, the enquirer saw a poster in the ladies' toilet stating, "Due to Health and Safety Law, please do not put nappies in the sanitary bins. Please use the nappy bins provided".

Panel opinion

This is not a health and safety issue at all. The notice should simply ask people to use the correct bins provided and possibly explain that this is because nappies take up too much capacity in the restricted sanitary bins. There is no reason at all to call on good old "elf n safety" to strengthen their case.

HSE 354. (2015). Nappies not to be disposed of in sanitary bins. Available at: https://www.hse.gov.uk/myth/myth-busting/2015/case354-nappies-not-to-be-disposed-of-in-sanitary-bins.htm?eban=govdel-myths&cr=27-Mar-2015 accessed 1st September 2021. 

 

Swimming pool user told he cannot use hand paddles

A swimming pool user, who is a keen triathlete, has been advised that he cannot use hand paddle swimming aids in any public or adult swimming session due to the risk of other swimmers being hurt. The only time they are allowed to be used is in a structured session such as swimming club or sub aqua

Panel decision

Health and safety law does apply to the management of public swimming pools, and the owner/operator is required to do a risk assessment. The operators have chosen to ban the use of all swimming aids during general sessions to avoid the risk of injury. Making an exception for one person would create a precedent for other possibly less responsible pool users. We understand that the pool operator is considering providing dedicated sessions for triathlete training. This seems a sensible way forward.

HSE 53. (2012). Swimming pool user told he cannot use hand paddle swimming aids due to risk of other swimmers being hurt. Available at: https://www.hse.gov.uk/myth/myth-busting/2012/case053-swimmingpool.htm accessed 24th August 2021. 

 

Sports centre insists users wear plastic over-shoes

A sports centre provides and insists that patrons visiting that wish to swim or take children to lessons place plastic shoe covers over outside footwear before entering the changing room area.

Panel decision

There is no health and safety regulation that requires shoe covers to be worn into swimming pool changing areas. Given that other swimming pools do not impose this restriction, it is clear that this is a company policy, not a health and safety rule. The swimming pool management should clearly state their reason rather than hide behind the health and safety excuse.

HSE 143. (2013). A sports centre with a swimming pool is insisting on plastic outer shoes being worn before customers enter the changing rooms. Available at: https://www.hse.gov.uk/myth/myth-busting/2013/case143-swimming-pools.htm accessed 24th August 2021. 

 

Shaving inot permitted in swimming pool changing rooms due to health and safety

A public swimming pool locker room displayed a customer notice "in the interests of health & safety, shaving is not permitted in any public areas".

Panel decision

There is no health and safety legislation which bans shaving in changing rooms of public leisure facilities. If the concerns are about the disposal of razors or other hygiene issues, then the notice should state this and not simply use "health and safety" as a catch-all.

HSE 45. (2012). Swimming pool displayed notice that stated “in the interests of health and safety, shaving is not permitted in any public areas.” Available at: https://www.hse.gov.uk/myth/myth-busting/2012/case045-swimmingpool.htm accessed 24th August 2021. 

 

Swimming pool removes pins from locker keys due to health and safety reasons

A swimming pool operator has removed safety pins from their locker keys on H&S grounds

Panel opinion

Other than the general duties under the HSWA 1974, there is no specific H&S legislation or guidance applying to this. Safety pins have been widely used as a means to secure locker keys and should not present significant risks. However, the use of safety pins is outdated and has gradually been replaced by either clips or wrist bands. This appears to be a specific policy at this leisure centre, so a fuller explanation would be helpful, beyond the simple 'health and safety line.

HSE 411. (2017). Safety pins on swimming pool locker keys. Available at: https://www.hse.gov.uk/myth/myth-busting/2017/case411-safety-pins-swimming-pool-locker-keys.htm accessed 24th August 2021. 

 

Swimming pool bans inflatables, balls, snorkels, and masks due to health and safety

A local swimming pool has banned inflatables, balls, snorkels and masks in public swimming sessions on the grounds of Health and Safety. Two posters are displayed in the Changing rooms stating the reason for the ban is "Health & Safety".

Panel decision

Health and safety law does apply to the management of public swimming pools, and the owner/operator is required to do a risk assessment. The ban on inflatables and snorkels etc may be because they hamper the lifeguards' ability to have a clear sight of the pool or because they are regarded as a nuisance by other pool users. It would have been better if the pool management had given a clear explanation of the real reasons rather than simply stating "due to health and safety"

HSE 99. (2012). Local swimming pool bans inflatables, balls, snorkels and masks on the grounds of health and safety. Available at: https://www.hse.gov.uk/myth/myth-busting/2012/case099-swimming.htm accessed 24th August 2021. 

 

Lifeguard stops parent from taking their 8-year-old child into the deep end, citing health and safety reasons

A swimming pool lifeguard prevented a parent from taking their 8-year-old child into the deep end of the pool during a private swimming club session. The child was a confident swimmer, able to swim 2 pool lengths and accompanied by his father and other strong club swimmers. The pool's policy was for swimmers to be able to swim 3 lengths before being able to be in the deep end.

Panel decision

The strict application of a set of rules which may be necessary for general swimming but to a well-supervised club situation seems overcautious. We can understand the need for rules to apply during general swimming but would urge the council to consider a more flexible approach for controlled club activities.

HSE 13. (2012). Swimming pool lifeguard prevented parent from taking their 8-year-old child into the deep end of the pool. Available at: https://www.hse.gov.uk/myth/myth-busting/2012/case013-swimmingpool.htm accessed 24th August 2021. 

 

Table tennis table removed from the workplace due to health and safety

A table tennis table has been available for staff to use in the workplace. Last week a manager informed staff that it had to be removed as it was a health and safety risk. It is kept in a spare bay in the garage and is used during its leisure/standby time.

Panel decision

There are no health and safety rules which prevent employees from playing table tennis in their leisure/standby time. All that is required is to identify a suitable location.

HSE 189. (2013). Table tennis table banned at work due to health and safety. Available at: https://www.hse.gov.uk/myth/myth-busting/2013/case189-table-tennis.htm accessed 24th August 2021. 

 

Child refused entry to the swimming pool due to incorrect swimwear, citing health and safety reasons

A child was refused entry to a swimming pool for health and safety reasons because of unacceptable swimwear. 

Panel opinion

There is no health and safety legislation that specifies that particular swimwear must be worn. The pool management is right to exercise judgment about what is/is not suitable for swimming, but it would be helpful to explain this properly, perhaps by displaying a clear policy statement rather than simply falling back on the catch-all health and safety excuse when something is deemed unsuitable.

HSE 380. (2015). Child refused entry to swimming pool for wearing incorrect swimwear. Available at: https://www.hse.gov.uk/myth/myth-busting/2015/case380-child-refused-entry-to-swimming-pool.htm accessed 24th August 2021. 

 

Children prevented from jumping into water less than 0.9 metres deep

Children attending beginner swimming lessons are not allowed to jump into water less than 900mm deep.

Panel decision

Health and safety legislation does not include any specific requirements about the minimum depth of water needed for children to jump into a swimming pool, but the Amateur Swimming Association recommends a depth of 1 metre. This guidance is sensible as children (and others) can sustain injuries (typically to the foot, leg or lower spine) if they jump into shallow water and hit the bottom of the pool.

HSE 269. (2014). Children at swimming lessons not allowed to jump into water less than 900mm deep. Available at: https://www.hse.gov.uk/myth/myth-busting/2014/case269-children-swimming-lessons.htm accessed 24th August 2021. 

 

Risk assessments must be completed for every task in the company 

The enquirer has been told that he needs to carry out a risk assessment for every single task that anyone performs within the company.

Panel decision

The advice the enquirer has been given does not appear to have been very clear and has created some confusion. HSE's advice is clear. You do not need to perform a formal risk assessment for every task.

Employers need to focus on real risks and how they will control them - the significant risks identified can all be recorded in one overall risk assessment, which should also include a note of the action you intend to take. Acting to control the real risks should be the priority, not drafting endless paperwork covering every task staff undertake.

HSE 140. (2013). Risk Assessment needs to be completed for every task. Available at: https://www.hse.gov.uk/myth/myth-busting/2013/case140-risk-assessment.htm accessed 24th August 2021. 

 

Swimming pool bans parents/carers from using e-readers during children’s swimming lessons

During children's swimming lessons, the local swimming pool has banned spectating parents from reading e-readers for child protection and health and safety reasons.

Panel decision

Work-related health and safety legislation does not ban swimming pool spectators from using e-readers.

There may be good reasons for swimming pools to ban the use by spectators of any device which may contain a camera (including e-readers), but they should state what those actual reasons are, not hide behind health and safety as the usual "catch-all". The only possible link to health and safety would occur if swimming pool attendants are being asked to check on spectators, which then detracts from their ability to monitor those in the pool, but this is easily solved by deploying others to check on spectators' devices/activities.

HSE 198. (2013). Swimming pool bans parents/carers from using e-readers during children's swimming lessons. Available at: https://www.hse.gov.uk/myth/myth-busting/2013/case198-swimming-pool-e-readers.htm accessed 24th August 2021. 

 

Myth Busters Analysis 

University of Exeter researchers analysed the myths covered by the HSE Myth Busters Challenge Panel in 2014 to identify lessons for operators across all sectors. 

Included within the report were findings for the leisure sector. Key findings of the study for the leisure sector included: 

• Gyms and amateur sports clubs show up strongly in poor customer service and poor communication cases (28% and 31%, respectively).
• The impact of health and safety myths on children is the most surprising finding. Children are frequently prevented from engaging in activities in educational and leisure settings on the grounds of health and safety that are found to be baseless.
• 24.1% of leisure safety 'myths' were picked up and covered by press reporting, which was higher than for any other sector. This may, at least in part, explain the higher proportion of leisure cases referred to in the Myth Busters panel.
• Despite a recent focus on the impact of ‘elf and safety myths on volunteers, this group accounted for only 3% of cases.

Type of error made: 

• Over-interpretation by the sector - 6/55 cases (10.9%)
• Excuse / poor customer service by sector - 34/123 cases (27.6%)
• Poor explanation / communication by the sector - 18/59 cases (30.5%)
• A nonsensical decision by sector - 11/17 cases (64.7%)

Evidence that the issue was linked to (out of 65 cases): 

• Cost avoidance - 6.2%
• Income generation - 13.8%
• Resource constraints - 9.2%
• Training deficiencies - 36.9%
• Fear of legal action - 26.2%
• "Better safe than sorry" risk aversion attitude - 5% 
• An incorrect assumption that regulations exist - 1% 
• Evidence that the case is linked to complexity - 8%
• Confusion about what the HSE regulates - 2%
• A result of an incident that resulted in injury - 2%

 

References

Dunlop, C. (2014). Health and safety myth-busters challenge panel. Case analysis. Policy Exchange, University of Exeter. Available at: http://www.exeter.ac.uk/media/universityofexeter/collegeofsocialsciencesandinternationalstudies/politics/research/ceg/policyexchange/University_of_Exeter_HSE_Report_Final.pdf accessed 24th August 2021.

 

Citation: Jacklin, D. 2021. Leisure safety myths from the HSE Myth Busters Challenge Panel. Water Incident Research Hub, 24 August.