BSC Disclaimers, Health and Safety
BOSHAM SAILING CLUB LIMITED
ARTICLES OF ASSOCIATION
The Articles of Association and Byelaws are posted in the Clubhouse and copies are available from the Club House Manager on request.
The attention of Members is drawn to the Byelaws, which define the required conduct of Members and the responsibilities of the Club.
STATEMENT OF SAFETY POLICY HEALTH AND SAFETY AT WORK ACT 1974
The Commitment from Commodore, Flag Officers and Club Manager.
It is the responsibility of the Bosham Sailing Club to ensure, as far as is reasonably possible, the health, safety and welfare of its employees whilst at work.
The Importance of the Co-operation of all Officers, Staff and Members.
The Club is obliged, after incorporating input from Flag Officers, Club House Manager and Staff:
- 1.To ensure that all its premises, fittings, fixtures and equipment are maintained in good repair and safe working order.
- 2.To provide and maintain a working environment for all employees that is, as far as is reasonably practical, safe, without risks to health, and adequate as regard facilities and arrangements for their welfare at work.
- 3.To issue disclaimers and notices and to obtain the necessary insurance policies, certificates and licences.
- 4.To offer, where relevant, training for staff and for Club members.
- 5.To implement a health and safety management system.
All employees have a duty under the Act :
- 1.To take reasonable care of their own safety and health and that of other persons who may be affected by their acts or omissions at work.
- 2.To comply with all safety procedures laid down by Bosham Sailing Club.
- 3.To report any hazard or potential hazard known to them to the Safety Officers.
All members and their guests are responsible :
For their own health and safety and for that of any minor of whom they are parent or guardian and for that of all other persons who may be affected by their acts or omissions at the Club.
Nominated Health and Safety Officers.
The Club House Manager, Kathrine Turver, is the Safety Officer of the Club.
Notices are displayed near each fire alarm bell push and the fire extinguishers. All employees should read the Fire Notices and familiarise themselves with the action to take in the event of a fire.
The First Aid box is kept in the office and in the bar, and the Club House Manager is in charge of these boxes. Both the Club House Manager and the Bar Manager are qualified First Aiders. For further medical assistance first dial 112 or 999 and call for an ambulance. The nearest accident and emergency hospital is St. Richard's, Chichester.
Recording and Reporting Accidents
All accidents, including those to Club members and to visitors, must be reported to the Safety Officer and entered in the Accident Book. All accidents will be investigated to attempt to prevent a recurrence.
LIMITATIONS OF CLUB'S GENERAL LIABILITY
Members, their guests and visitors are bound by the following Rule:
Members of Bosham Sailing Club Limited (the "Club"), their guests or visitors, use the Club premises, and any other facilities of the Club, entirely at their own risk and impliedly accept that:
- 1. The Club will not accept any liability for any damage to or loss of property.
- 2. The Club will not accept any liability for death or personal injury unless such death or injury results from the negligence of the Club.
- 3. Subject to paragraph 2) above and without prejudice to paragraph 1) above, the Club will not accept any liability for any damage injury or loss caused by the acts or omissions by any member or visitor who shall indemnify the Club against any liability for damage, injury or loss so caused.
- 4. Before inviting any guests or visitors onto the Club premises or to participate in events organised by the Club, members will draw their attention to this rule.
NOTE: Parents and guardians are warned that the limitations referred to above apply equally to their children and wards (i.e. those under the age of 18 years). While the Club normally provides patrol boats for organised dinghy racing (subject to the limitations on its liability above) it cannot accept responsibility for children and wards while they are not engaged in such organised activities afloat. Parents and guardians have sole responsibility for their children and wards at all times. The Club cannot be expected to exercise supervision and control.
The safety of a yacht participating in a race, training course or other event organised by the Club (an "Event") and of its entire management including insurance shall be the sole responsibility of the owner and/or competitor participating who must ensure that the yacht and crew are adequate to face the conditions that may arise in the course of the Event.
Neither the establishment of any sailing instructions nor any inspection of the yacht in any way limits or reduces the absolute responsibility of the owner and/or competitor for his or her crew, his or her yacht and the management thereof.
The Club shall not be responsible for any loss, damage, death or personal injury however caused (other than death or personal injury arising from the negligence of the Club) to the owner and/or competitor, his or her crew nor any damage caused to other yachts whether participating or not, as a result of their taking part in an Event.
Every owner and/or competitor and/or visitor participating in an Event:
- 1. warrants the suitability and capability of his or her yacht for the Event;
- 2. warrants that he or she has in place valid and current insurance against third party claims providing cover of at least £2,000,000 against any one claim or series of claims;
- 3. undertakes to indemnify the Club against any claim that may be brought against it arising out of his or her negligence or default whilst participating in an Event; and
- 4. accepts that any provision of patrol boats by the Club does not relieve him or her of his or her responsibilities.
HEALTH AND SAFETY AT BOSHAM SAILING CLUB
Bosham Sailing Club is about fun on and off the water. To ensure the fun continues, all members and staff need to keep the risks of Health and Safety as low as reasonably practical.
ON THE WATER
Before you go afloat, please make sure that you have given thought to the relevant Health and Safety issues. The boat and its equipment should be checked regularly to ensure it is in a well maintained and safe condition and that there is adequate safety equipment on board. You should carefully check personal safety equipment for yourself and those for whom you are responsible. Make sure that you know how to right your boat if it capsizes and that you carry adequate equipment for baling; that you know how to reef your boat in case the weather changes whilst you are afloat . Whatever you are doing, whether racing, cruising, crewing patrol boats or other waterborne activities, if it is not safe, don't do it.
Safety guidelines for recreational boat users can be found in a useful booklet 'Safety on the Sea' published jointly by the RNLI, HM Coastguard and the RYA. Also, the use of the 'Coastguard Yacht and Boat Safety Scheme' (CG66) is recommended, details from the office. The SeaCheck scheme operated by the RNLI provides professional advice on the condition and equipment of your boat and can be arranged via the RNLI.
OFF THE WATER
Whether you are at the Club House, Cobnor, the Raptackle or the Dinghy Park, there are Health and Safety issues to be considered for you and your children. Most of these are common sense, but do require awareness and vigilance.
PROFESSIONAL SURVEYS AND REPORTS ON SAFETY
To ensure the Club is complying with the law and practice of Health and Safety, the Flag Officers commission regular surveys and reports from Nicholson's Risk Management. These check that the Club is implementing its Health and Safety management system, comprising:
- The Health and Safety policy
- The organisation for implementing the policy
- Planning the implementation of the policy through review of risk assessment
- Training policy and programme
- Measuring safety performance
- Reviewing safety performance to see that lessons are learned and any necessary action taken
Updated December 2020
Last updated 09:01 on 13 January 2022