And what do they portend for 2019?
The last 12 months have seen changes that affect a wide range of event activities across the sports, entertainment and B2B sectors. This is a summary of just a few of the issues that may have implications in 2019.
Security
Whilst 2018 has seen fewer terrorist attacks all security agencies still point to a step increase in the security threat. It is worth considering that in the period leading up to the attacks in 2017 no civilian was killed in a terrorist attack on UK mainland for the previous 12 years. Since 2017, 37 people have been killed and many more injured in terrorist attacks including the incidents in Westminster, Manchester Arena, London Bridge and Finsbury Park. The target is public spaces so the events industry is vulnerable. So far the events industry has responded well, partly because it is so effectively networked and able to spread best practice at operational level. One of the challenges going forwards is a growing deficit (currently 40%) of SIA stewards and the withdrawal of police cover from event activities to focus on mainstream policing.
The government may be considering reviewing The Health and Safety at Work Act and the Licensing Act with a view to including specific security related duties of care. As reported below security has already been included in the Green Guide as part of the remit for the Ground Safety Officer. This includes a duty to consider the ‘last mile’ approach to the venue. The need to consider security has always been embraced by the events industry but its inclusion as a duty of care enshrined in criminal law could have far reaching implications. It is unlikely that the current government has the bandwidth to tinker with health and safely law in the short term but the industry needs to track this potential development.
OP Griffin is due to end next year. It will be replaced by a five stage approach as follows:
1. eLearning package for individuals (based on the current Run Hide Tell) brief
2. Act Awareness
3. Act Operational
4. Act Strategic
5. Act Corporate
Stages 2-5 will be delivered by the police. The launch is scheduled for April/May 2019.
Stress
An HSE paper highlighted the fact that stress is now the most common form of work-related illness having increased to its highest rate in 16 years. The impact on the workplace is significant. NHS Digital reports that one third of sicknotes are for mental health conditions, an increase of 14% from 2016 to 2017. There are no figures for the events industry although a survey by Stress Matters cited an event coordinator’s job as the 5th most stressful after military, emergency services and similar jobs. Stress Matters (http://stressmatters.org.uk/) and EventWell (https://eventwell.org/about/) have both produced reports focussing on the events industry which make enlightening reading. The problem is unlikely to correct itself. Operations staff are a vital business asset and like any asset they should be protected. Event companies should review their stress policies for 2019.
Fire Safety
The Grenfell Enquiry will force a fundamental review of the existing fire legislation which has been in place since 2005. The potential outcomes could be very challenging for the events industry. It is entirely foreseeable that either all, or large parts of Building Regulations will become directly applicable to Temporary and Demountable Structures. The problem, as was the case for CDM, will be that those tasked with redrafting new legally applicable standards will not necessarily have any knowledge of, or stake in, the events business. The Hackitt review is well underway into required changes and the general direction appears to be for new legislation based on a CDM structure with high level accountability to ensure that proper fire safety arrangements are in place. The second aspect is that the required competencies for fire risk assessment is likely to be raised. At present there are insufficient numbers of competent fire risk assessors even for the existing law. The overall impact of these changes could be very costly and create a situation where event businesses are forced to take risk on compliance because the resources are not there to meet the new standards. There is already anecdotal evidence of fire authorities second guessing likely changes by tightening their standards. It is unlikely that new law will come into effect in 2019 but event organisations particularly venues and contractors with large warehouse facilities should think about future proofing their arrangements as they plan refurbishment.
Launch of ISO 45001
ISO 45001, the first international safety and health management system was issued on 12th March and will replace BS OHSAS 18001 over the next three years. It differs from the old standard in that it is a globally-agreed model for an occupational safety and health management system and because it shares elements with other ISO systems for environment and quality management. A criticism of 18001 was that it was possible to get accreditation for the purposes of contractual agreements and tendering for contracts without being fully committed to health and safety management. The new standard addresses this by placing much more emphasis on strategic leadership and the need for health and safety management to be fully integrated not just in the organisation itself but in the whole supply chain. In short, an organisation will not be able to get accreditation if they treat it merely as a box ticking exercise. The extent to which it is viable for event companies remains to be seen especially as very few sought accreditation to the old 18001 standard. It is perhaps more suitable for contactors and venues where ensuring consistency of approach is important and where that consistency can be demonstrated.
Lithium Batteries
A debate has opened up regarding the use of lithium batteries. The UK exhibition venues have revealed that they are intending to ban the use of any such battery other than for personal hand held items (e.g. mobile phones) via the mechanism of the e-Guide on safety grounds. Whilst there is definitely a fire risk from lithium batteries particularly in cheap Chinese imports, the safety case needs to be made before they are arbitrarily banned as new battery tech potentially gives exhibitors access to cheap, hassle free power. The e-Guide notwithstanding greater consideration should also be given to the potential benefits of mains free power at exhibitions in developing countries with a poor record on electrical safety.
Landmark Hearing Case for the Music and Entertainment Sector
A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner's Die Walkure in 2012 won a landmark High Court judgment against the Royal Opera House (ROH). The case won by Chris Goldscheider has huge implications for the industry and the health and safety of musicians and others exposed to noise risk. It is the first time a judge has scrutinised the music industry's legal obligations towards musicians' hearing and is also the first time 'acoustic shock' has been recognised as a condition which can be compensated by a court. It is unlikely to lead to changes in the law in the short term but local authorities in particular are paying more attention to the issue of noise at work as a result so it would be prudent to review policy in this regard in the coming year.
GDPR Considerations in the Context of Health and Safety Management
The EU’s General Data Protection Regulations (GDPR) came into force on 25th May. Regulated by the Information Commissioner’s Office (ICO) the overall legal liabilities are much the same as health and safely law with the risk of prosecution by the ICO for breaches of GDPR and civil law suits from individuals who feel that they have a legitimate claim against an organisation for misuse of their personal data.
The collation of health and safety data normally falls under the concept of either legal obligation where there is a statutory requirement or ‘legitimate interest’ in the pursuance of managing health and safety properly. Specifically, Regulation 5 of the Management of Health and Safety at Work Regulations requires employers to ‘plan organise, control, monitor and review their health and safety arrangements’ so gathering personal data for accident investigations and health and safety monitoring falls under a legal obligation. The regulations also require an individual risk assessment for new and expectant mothers which will clearly involve the recording of what could be highly sensitive personal data. In the case of the Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) there is a legal requirement not only to collect data but to pass it on to the relevant authority. In these cases provided the information is only held or used for the purposes intended in compliance with health and safety law then consent by the individuals concerned is not required. Conversely individual employees are legally obligated under the Health and Safety at Work Act to cooperate with their employers on health and safety issues. It may be prudent to clarify the law in the handling accidents section for health and safety policy reviews in 2019.
Drone Safety Law Tightened
Under new rules announced by the Department of Transport, all UK drone users will have to pass online safety tests from 30 July 2018. Anyone flying a drone weighing 250g or more will also have to register with the Civil Aviation Authority (CAA); the previous threshold was 20 kg. Drones will be banned from flying above 121.9m, a rule which was previously guidance and will now be enshrined in law. Failure to comply could lead to unlimited fines, up to five years in prison or both.
New SGSA Green Guide
The new ‘Green Guide’, (Guide to Safety at Sports Grounds 6), the Sports Grounds Safety Authority’s (SGSA) guide to the Safety at Sports Grounds Act was published in November. Whilst it is only intended to be relevant to sports grounds, it has wide applicability in the events industry generally and some of the changes, both around the physical aspects and safety management could be a harbinger of a shift in thinking on event safety and crowd management generally. Probably the most important change is that the Ground Safety Officer will now have responsibility for the safety and security of all people present not just spectators. The venue will also have to take the lead when considering ‘Zone Ex’ i.e. the area immediately outside the stadium also referred to as ‘the last mile’. In terms of emergencies the concept of ‘invacuation’ and variations on the need to simply evacuate has been introduced - termed ‘exceptional evacuation’. Other new sections include crowd modelling and crowd flows, fire engineering, management of concourses, and the inclusion of new technology in smart stadia. The Green Guide of course is only relevant in a UK context however revised thinking on security measures is applicable globally.
New Sentencing Guidelines for Gross Negligence Manslaughter (GNM)
The new guidelines applicable from 1 November will lengthen the terms for GNM dependent on the level of culpability extending the maximum term for the most serious offence to 18 years. As well as a prison sentence the court can disqualify the defendant from being a director for up to 15 years. Such cases are rare (only 5% of workplace fatality prosecutions involve a manslaughter charge against an individual) and there were only four such prosecutions in the last 12 months. One of these involved the prosecution of a couple operating a bouncy castle that blew away killing a young child each of whom received three years for GNM.
