Health and safety regulations report Legal Factors What are they Legal factors are referred to the procedures which are imposed by the law

Health and safety regulations report
Legal Factors
What are they
Legal factors are referred to the procedures which are imposed by the law. Whoever doesn’t follow these procedures and goes against the law will be prosecuted.

Different legal factors
There are a lot of different legal factors to follow. As part of the legal factors there are 3 laws which are statutory, civil and case law. Some other legal factors are duty of care, and higher duty of care, in loco parentis and negligence.

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Statutory law
This is one of the laws that needs to be followed by everyone regardless of their position, e.g. coaches, students, managers etc. This is also known as criminal law. If someone goes against this law, then it is as if they have made an offence to the State, which means that they will need to go to the State court in order to receive the consequences of their actions. Often breaking this law will mean that the offender will get a fine and or an imprisonment. These sanctions are there to punish the people for their wrong doing, in the hope that the situation will not happen again. An example of going against this law could be vandalising and or breaking equipment.
In 2005, there were two footballers who had a fight against each other, and therefore broke this law. It was during the Newcastle vs Aston Villa match that two players of the same team, Lee Bowyer and Kieron Dyer who had a physical fight against the other. This fight started because Dyer didn’t pass the ball to Bowyer. Because they had a physical fight, they broke this law. They had to take upon themselves the consequences of these actions, which meant that they had to go to the State court. In this case, Lee Bowyer was found guilty of public order offence because of his behaviour toward his teammate. He had to pay a fine of £30,000 and he had to miss 5 games.

Civil law
This is another important law that has to be followed. This law is put into place to prevent something from happening a second time. These laws are put in place because of citizen’s requests. This means that individuals who has been affected by the breaking of the law will have to physically go to court to receive remedy to the damage that has been done. Usually, the court will give them financial help to ensure that the damages done are repaired. The court will also try to prevent a similar situation form happening again in the future by making new laws.

For example, in 1980 there was a pupil who was playing on the trampoline without any supervision from members of staff. The student eventually fell off from the trampoline, and became paralysed. Because of this accident, there was a new law which was introduced to prevent other students from having a similar experience. Now, members of staff are not allowed to have the sports hall unlocked for students to walk in, especially when there are trampolines.
Case law
This is the last law which is part of the legal factors. This law is often based on the individual himself rather than it being a general one for one. Here the judge will look at the previous decisions, and they will adjust their decision based on how the previous decision affected the person.
In loco parentis
This factor means that as an authorised adult, you are legally responsible to assume the function and responsibility of a parent. This means that you have to take care of young people and you need to make sure that they are safe by reducing any possible risks and hazards that could result in injuries.

For example, if during a football practice a player gets hurt, the coach is in loco parentis, which means that he is responsible for the child. If the child is badly hurt, the coach will have to take the responsibility to call for an ambulance so that the child can have the adequate help that he requires. A coach who lets a child sit out for a couple of minutes and doesn’t supply the child with the right medical attention is a negative example of in loco parentis.

Duty of care
This legal factor was made to ensure that employers and employees were looking out for each other where there could be potential risks. This factor applies to any teacher or coaches. This means that the coach has to get rid of any risks or dangers that are around the area being used. This has to be done so that the environment is safe for the students to take part without being hurt.

For example, if during a basketball practice a kid slips because the floor was wet, the coach would be sued because he didn’t think about the potential risk of people falling because of the wet floor. To be a good coach or leader in general, you have to do a risk assessment to identify any risks and hazards that could come up throughout the session, and you need to make sure that you are eliminating the risks.

Higher duty of care
This factor is very similar to the previous one. The difference between the two is that this specific legal factor is aimed to anyone who works with young people. This is because young people are less in control of what they are doing, and they are not as careful as grown adults. This means that injuries are more likely to happen with younger people. People like headteachers have a higher duty of car because they have to make sure that teachers know the health and safety procedures, so that students are kept safe. As a coach you are also liable and responsible for anything that happens.

For example, if a new sport teacher joined the school, the headteacher would make sure that they have the right qualifications and training. The head will then make sure that the teacher knows about the health and safety procedures and anything else that the school does to keep the students safe. The head could also occasionally observe the teachers as they teach students.

Negligence
Being negligent means that you are behaving in a careless manner. This legal factor applies to coaches and teachers. This means that you have to take care of others, by eliminating any risks and by doing what is required of you to keep people safe.
For example, if you were a basketball coach, and you allowed players to play even though the floor is wet, and one of them fell and got injured, you would be considered negligent, and that player could sue you. If the person that was injured wanted to sue you, they would go to court and if they could prove that they were negligent, they could seek financial compensation because of your careless behaviour.

Regulatory bodies
What are they
Regulatory bodies are authorities which are responsible for different aspects of human activities. These include protecting the public, supervising, making sure that laws are being followed, etc. They are there to ensure that procedures are followed, to decrease any risk of injury of any form.

Different regulatory bodies
There are different types of regulatory bodies. Some of them are health and safety executive, local authorities which also include local educational authorities. Police and national governing bodies of sport are also regulatory bodies.

Health and safety executive
The health and safety executive are the main body which is in charge of health and safety in the UK. As part of their job they have to look at health and safety at work, which often means that they will have to visit and inspect facilities at work places owned by local authorities.
Provides public info
Investigates accidents and causes of ill health
Ensures that good standards are met
Give advice on how to improve standards
If advice was ignored, he prosecutes 
Local authority
Local authorities are in charge of
Promote health and safety
License events at sports venues
Provide training + info
Develop relationship between organisations in the interest of health and safety
Inspection
Give advice
Investigate accidents
Local educational authority
Local educational authorities are in charge of
Responsible for schools in the area (state schools)
Organise funding for schools
They make a universal school system
Give vision for education
Bring partners together to bring change and improvement
Give support to governors, teachers and heads 
They challenge performance in school
Police
The main role of the police is to uphold the law and bring to justice those who do go against it. They also have to prevent crime.

Protect life and property
Prevent anything that could disrupt the peace
Regulate traffic
Activate contingency plan where there is an immediate threat 
National governing bodies of sport
Each sport has a different governing body. Their role is to
Provide insurance
Provide health and safety statements
Define organisational structure for managing sports activities
Provides rules and laws for sport
Reviews the laws and rules
Provide procedures to control the risk associated with the sport
Legislative factors
What are they
A legislation is a law that was introduced to help regulate, restrict, grant, authorise, declare and sanction. In sports, legislations are important as they give a summary of the responsibilities a leader should have in order to keep everyone safe.

A legislative factor relates to the enforcing the law. This is important in sports because there are a lot of hazards. This means that there are laws and legislations which enable leaders to eliminate risks.

Different legislative factors
There are a lot of legislative factors that Personal protective equipment

Health and safety (first aid) regulations

Fire safety and safety of places of sport act
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