WATER SAFETY POLICY

September 2019

Water Policy

Contents

1. Introduction ...... 1 2. Commitment ...... 1 3. Purpose and Aims ...... 1 4. Legislation ...... 2 4.1. Common Law “Duty of Care” ...... 3 4.2. Statutory Requirements ...... 3 5.1. Steering Group ...... 5 5.2. Angling Clubs ...... 5 5.3. Roads Alliance ...... 5 5.4. Leisure Trust ...... 6 5.5. Outdoor Amenities ...... 7 5.6. Opencast Coal Sites ...... 7 6. Risk Mitigation Measures ...... 8 7. Excursions and Activities ...... 9 8. Risk assessment ...... 9 8.1. Risk control measures ...... 10 9. Inspections ...... 10 10. Training and Awareness ...... 10 11. Measuring and Evaluation ...... 11 Appendix 1: Rivers/Ponds/Reserviors ...... 12 Appendix 2: Angling Clubs ...... 12 Appendix 3: Leisure Trust ...... 12 Appendix 4: Former and current opencast coal sites with water filled voids ...... 12 Appendix 5: Further information ...... 13

Water Policy 1. Introduction

East Ayrshire Council has a number of inland water bodies such as ponds, lakes, rivers, reservoirs and water filled voids, such as old quarries and mines. Being safe around water is a key priority and consideration of the dangers associated with its use is essential.

Whilst there are clear risks associated with water, Council recognises the positive aspects of economic activities, such as fishing and aquaculture. Leisure activities in and around inland waters encourages and promotes health and wellbeing whilst natural and manmade water features add significantly to the landscape for aesthetic enjoyment, tourism value, biodiversity and wildlife habitats.

2. Commitment

East Ayrshire Council is committed to ’s Drowning Prevention Strategy which aims to reduce accidental drowning deaths in Scotland by 50 per cent by 2026 and reduce risk amongst the highest risk populations, groups and communities.

The Council will demonstrate this commitment through risk assessing open water bodies within the control of the Council; including rivers, ponds, lakes, quarries and mines, so far as is reasonably practical. Whilst considering the inherent dynamic nature of water habitats and landscapes, reasonable and proportionate control measures will be implemented, including the use of suitable personal rescue equipment, where appropriate.

Similarly, the Council recognises the importance of water safety education and will ensure that suitable swimming and water safety training programmes are implemented and supported within our schools and communities. These training programmes will be complimented by regular, targeted, awareness campaigns which will be run throughout the year.

3. Purpose and Aims

The purpose of the policy is to provide guidance to those Services that have responsibility for inland waters. Due to the unique nature of many water bodies and activities that occur on, in and around them, the policy will provide practical guidance for the safe enjoyment and management of such activities.

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Open water bodies under the control of the Council, which are readily accessible to the public, such as rivers, ponds, lakes and disused quarries/ mines have been identified within Appendix 1 and 3. Where inland waters are not under the direct control of the Council, for example , the Council will adopt a collaborative approach with the relevant third party organisations to ensure a risk based approach is implemented for the enjoyment and safety of local communities.

Practical and proportionate control measures are highlighted within the policy and where possible should be implemented by the responsible Service in order to reduce the risk of drowning.

Scotland’s Drowning Prevention Strategy indicates that on average 50 people accidentally drown in Scotland each year. In order to achieve our commitment to reduce accidental drowning fatalities by 50 per cent by 2026, the Council has developed the following key objectives:-

 Carry out a risk based approach to ensure all reasonable precautions are taken to mitigate risks of accidental drowning  Promote and develop water safety education and water safety awareness initiatives within our Education establishments and local communities  Promote the safe use of water for recreational activities in partnership with relevant organisations and national governing bodies, such as Rospa, Royal National Lifeboat Institution, Scottish Advisory Panel for Outdoor Education  Highlight and raise awareness through national water campaigns, such as Drowning Prevention Week  Provide suitable learning environments, such as swimming pools and managed outdoor learning activities, to teach individuals how to swim; water safety skills and water safety awareness  Actively participate in Water Safety Scotland and the National Water Safety Forum meetings, campaigns and initiatives  Participate in the Water System Database (WAID)  Support third party organisations such as Water Safety Scotland, , Scottish Fire and Rescue and the Scottish Mines Restoration Trust to raise risk awareness for young people through drowning prevention campaigns.

4. Legislation

Both inland and coastal waters are covered by common law and statutory requirements. This section outlines the arrangements which should be in place to ensure compliance with general legislative requirements; in respect of protecting employees and others, such as visitors, from water safety risks, so far as is reasonably practicable.

4.1. Common Law “Duty of Care”

“Duty of care” applies to members of the public and site operators,” to take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your neighbour”.

The duty notes that “reasonable care” is defined as “what the reasonable person would have foreseen as being necessary”. This means that a certain level of risk is acceptable but that safety measures should be applied where reasonably expected. The Council has responsibility to assess the risks arising from water bodies where it has control.

For example: - It would be unreasonable to fence an entire length of a river. However, if there was a pathway leading to a fast flowing river, it might be reasonable to install a fence to the section of the pathway overlooking the river.

4.2. Statutory Requirements

The Council will ensure the following statutory requirements are an integral part of the overall management culture of protecting employees and visitors to significant water safety risks:-

 Occupiers Liability (Scotland) Act 1960 all legal entities who occupy or control land or premises are required to demonstrate a duty of care to any third party that may access the land or premises. The occupier must assess the dangers pertaining to any land or premises they occupy and thereafter introduce measures to mitigate any such dangers.

For example: - erecting fencing and signage to draw attention to any potential hazard. Regularly inspect the land or premises to ensure there is no adverse change to its state of repair and condition.

 Land Reform (Scotland) Act 2003 provides opportunity for people in Scotland to enjoy the great outdoors. It promotes the safe participation of recreational activities. It permits the Council to make byelaws in relation to land which access rights are exercisable.

For example:- The Council may take steps such as putting up fences and signs to warn the public of danger and/or provide written notice to a land owner to require that owner to take reasonable action.

 Civic Government (Scotland) Act 1967 permits the Council to provide signage and rescue equipment at locations where it considers appropriate.

 The Nature Conservation (Scotland) Act 2004 places a duty on the Council to further the conservation of biodiversity. The Council is required to manage water environments for the benefit of both wildlife and the public interest.

 Mines and Quarries Act 1954 places a duty for the management and control of mines and quarries and for securing the safety, health and welfare of persons. To ensure fencing of abandoned and disused of mines and quarries, so far as reasonable practicable.

Note: - In collaboration with Scottish Mines Restoration Trust, risk assessments have been completed for the abandoned opencast sites across the authority arising from the demise of Scottish Coal.

 The Health and Safety at Work Act 1974 places a duty on the Council to ensure that employees and members of the public are not exposed to risks to their health and safety, so far as reasonable practicable, arising from their work activities or undertakings.

 The Management of Health and Safety at Work Regulations (1999) places a duty on employers to carry out risk assessments where significant risk is identified and put in place suitable and sufficient control measures.

Note: - Health and Safety legislation is concerned with risks arising out of the work or the undertakings of an employer. In the case of water safety, this would apply, for example, to works taking place near a water body or an activity, such as a supervised swim or outdoor learning, which due to deficiencies in their organisation or the manner of their undertaking, create a significant risk of drowning.

5. Roles and Responsibilities East Ayrshire Council occupies an inland area consisting of large rivers, ponds, lochs and water filled quarries. Inland areas are managed for public use and enjoyment which has social, health and economic benefits to residents, visitors and businesses. Through the Ayrshire Roads Alliance, the Council also has responsibility for Harbour, which lies within the boundary of Council.

East Ayrshire Leisure took responsibility for a range of Leisure, Culture, Community and Countryside Services in 2013. The Trust transitioned from direct Council provision to management by an independent Charitable Trust. East Ayrshire Leisure and East Ayrshire Council will be responsible for jointly addressing any health and safety implications arising from water bodies where there is shared responsibility in accordance with established procedures.

5.1. Steering Group

The Health and Safety Section represents the Council at the Water Safety Scotland Steering Group. The group was established by The Royal Society for the Prevention Accidents (RoSPA) and meets to discuss and action interventions in order to reduce water related deaths in Scotland.

A local water safety group has also been established for East Ayrshire. The group consists of a representative from each of the organisations i.e. Police Scotland, Fire and Rescue, Coastguard, Hillhouse Quarry and the Council. The group provides a local forum for representatives to discuss ideas, initiatives and promotes awareness of water safety in East Ayrshire.

In addition to the roles of the steering group, departments within the Council also hold specific roles and responsibilities for water bodies, which are detailed below:-

5.2. Angling Clubs

The Council has engaged in lease arrangements with angling clubs for rivers/waters within East Ayrshire. The terms and responsibilities of the lease are variable for each angling club. A list of the clubs and water which are leased can be found in Appendix 2.

5.3. Ayrshire Roads Alliance

The Roads Maintenance Unit have responsibility for adopted roads infrastructure including pavements, surfaced footways, bridges and slipways.

Girvan Harbour is owned by South Ayrshire Council, however, the management of the of the harbour lies with East Ayrshire Council. The harbour is accessed by a number of vessels for business and leisure including:-

 West Coast Fishing Fleet  Girvan Coastal Rowing Club  Private/Leisure charter boats  HM Coastguard  Royal National Lifeboat institution  Shipping of timber cargo  Nobels Boat Yard.

A Harbour Master has been employed to allocate a suitable berth and apply any restrictions necessary for the safe passage of the vessel within the harbour. The Harbour Master will also inform vessels about any hazards that may affect safe navigation. Terms and conditions of the berthing agreement will be provided to all users.

The dock has adequate and suitable rescue and lifesaving equipment and means to escape from danger, including handholds on the quayside at water level, ladders on quay walls and lifesaving equipment located on the quayside and pontoon.

Falls from height into the water are reduced within the harbour by access to and from vessels by ladders and gangways. Where possible, working at height will be avoided, if working at height cannot be avoided, work equipment or other measures to prevent falls, e.g. guardrails, mobile elevating working platforms (MEWPs) will be used. All work at height will be properly risk assessed, planned and organised.

Loading and unloading of timber cargo forms part of the harbour operations. Contractors are required to provide a suitable and sufficient risk assessment and lifting plan for the task prior to the works commencing. Secured and adequate fencing will be installed to ensure segregation of vehicle movements/ pedestrians when timber is being unloaded from the vessel to the quayside.

5.4. Leisure Trust

The Leisure Trust has responsibility for a variety of path networks throughout East Ayrshire. These walking routes will include inland lochs, ponds, river valleys and wooded gorges. East Ayrshire not only offers excellent recreational activities for walkers and cyclists, but also for those with an interest in water access. Popular canoeing spots can also be found in East Ayrshire. Further information on path networks and canoeing spots can be found in Appendix 3.

Dean Castle Country Park is situated in the centre of and attracts members of the public from East Ayrshire and across Scotland.

The park covers over 200 acres and has over 7km of walking trails, urban farm and open farm land. The path network and trails can be walked in their entirety or in sections by members of the public. The Kilmarnock water runs beside the network path from the main car park towards .

The following open water bodies have been identified and risk assessed by the Trust:-

 Meetings of the water where the Fenwick and Craufurdland Water join  Craufurdland Water runs through Dean Bridge  Newly developed pond across from the Rural Life Centre  Lagoon area which has three separate water bodies  Quarry pond

Any risks identified with these water bodies is managed and inspected by the Trust. For example: - the quarry pond is segregated by fencing and safety signage has been erected.

The Trust manage three swimming pools in East Ayrshire, these pools are located within Leisure Centres, which form part of the following Secondary Schools:-

Academy  Academy

The pool provides swimming development programmes such as Rookie Lifeguard and national initiatives/ programmes with Scottish Swimming are delivered within the Leisure Centres. The Trust has links to established swimming clubs in the areas for pupils of all ages, from Pre-School through Primary to Secondary Education.

5.5. Outdoor Amenities

Outdoor Amenities are responsible for equipped play parks in East Ayrshire. Some of these parks will be located near to rivers, burns and ponds. Play parks are located at a safe distance from river edges. The location of the play parks are risk assessed and where necessary these play parks are segregated from water with fencing around the play equipment.

The is situated in Kilmarnock and has a large pond within the park. The pond has a gentle gradient with natural vegetation and water plants around the perimeter. Whilst the depth of the pond varies in response to rainfall and water run- off, generally the depth of the pond is shallow and approximately 45cm deep. A constructed timber boardwalk with balustrade is accessible from the pathway and is used as viewing area across the pond.

5.6. Opencast Coal Sites

There are a number of former opencast mine sites in East Ayrshire which have water filled voids of varying depths. Hazards associated with these often include very deep and cold water, sudden changes in depth and rocks concealed beneath the surface. Due to the site conditions of voids which have not been recontoured, they are difficult to exit due to steep slopes should someone enter the water.

Waterfilled voids have been fenced and signed to protect the public and to identify the immediate hazards, where appropriate, for example where steep slopes or cliff edges exist. Works are still progressing to enable remediation/ recontouring works to be carried out at Garleffan, Grievehill and Chalmerston. The identified sites with open water bodies within East Ayrshire can be found in Appendix 4.

Whilst East Ayrshire Council does not hold any ownership or responsibilities for the former opencast coal sites, the Council has an overall corporate view of the sites and works in partnership with Scottish Mines Restoration Trust, Landowners, Hargreaves Land Limited and the Forestry and Land Scotland to facilitate the process of restoring these sites, where funds are available.

There are areas of disclaimed land within East Ayrshire Council which may fall to the Queen’s and Lord Treasurer’s Remembrancer. These sites are located at:-

 Grievehill and Garleffan.

A site specific risk assessment and reasonable control measures have been implemented for the former opencast coal sites within East Ayrshire in conjunction with the landowner. Where the Council has instructed works on specific sites or contributed funds the following processes are carried out:-

 Where it is not possible for the void to be engineered to a specific gradient, a two metre fence and signage is erected around the water filled voids  During ongoing restoration works the appointed contractor is responsible for the site  On completion of the restoration works, liability for the water bodies and maintenance of control measures revert back to the land owner  At the end of the operational works to restore the site a safety closure report is developed by the contractor  Planning and Economic Development review the closure report before the report is presented to the appropriate Council Committee.

6. Risk Mitigation Measures

The Council will ensure a structured risk based approach is adopted by Services to identify hazards and implement practical and reasonable control measures. However, anyone who is near, in or around open water bodies has responsibility for ensuring their own safety.

As an island nation, with vast celebrated coastline, lochs and rivers; control measures such as segregation and signage, even where desirable, may still only fulfil legal duties. Preparing all young people to understand and manage water risk is therefore critical and is a function of curriculum of excellence.

The Council will ensure consideration is given to children’s risk perception skills, which may not be fully developed. Employees who supervise children should consider open water when designing facilities and activities to aid the development of children’s water risk perception skills. The Council supports a swimming programme for every primary pupil to gain direct experience of the potential dangers of water and of their own individual competence when submersed in water. Additionally, many schools in partnership with specialist providers, enable further water risk perception development through adventurous activity experiences on or in open water.

7. Excursions and Activities

Departments who organise excursions and outdoor activities follow an offsite visit planning process outlined by the national guidance “Going Out There”. These activities are recorded electronically on the Council’s Evolve Data Management System. Every visit is reviewed by a senior employee then authorised by the establishment manager. A generic visit risk assessment includes proximity to water hazards and effective control measures are generated, however, a further specific risk assessment of the venue, people and activity is prompted automatically.

In addition, all visits with an element of water adventure are authorised by an Education Officer with technical expertise to ensure the provider meets the requirements of the Activity Centres (Young Persons Safety Act) 1995 or Maritime Coastguard Agency Codes of Practice, as appropriate.

8. Risk assessment

A risk assessment will be carried out to identify the hazards in and around the water and appropriate measures to reduce or eliminate the risk will be implemented. Records of accidents and near misses from Water Accident Incident Database (WAID) reports will be used to inform the risk based approach taken by the Council.

Water related hazards can be identified in three main groups:-

1) Built

Examples:- Footpaths, unsighted or hidden corners, bridges, jetties, quarries, reservoirs, unprotected drops from walkways, stairs, river edges, slippery and worn paths, drainage features leading to unseen currents.

2) Nature of water

Examples: - Temperature, both at the surface and below, depth, underwater objects and unclear features such as rock shelves, flow state, current, flood and spate conditions, visibility, erosion features such as undercuts, river banks or siphons.

3) People or activity

Examples: - Footfall and crowding features, crush and falls, sporting activities, commuting and transit activities (walking, running), vandalism and other signs of negative behaviour.

8.1. Risk control measures

Water safety measures range from a variety of controls to reduce hazards such as:-

1) Designing out the risk 2) Routing paths away from the water edge 3) Adjusting the water’s edge gradient or features 4) Natural features such as planting and vegetation at or near the water edge i.e. grass/shrubs 5) Fencing or grills to limit access to hazardous stretches of water 6) Ambient or artificial lighting to guide visitors onto a preferred route 7) Warning signage to inform visitors of risks 8) Public rescue equipment.

9. Inspections

Departments who have responsibility for open water bodies will ensure regular inspections are carried out to monitor the conditions and any changes to the following water safety features:-

 Water edge  Planting  Footpaths and accessibility to water  Fencing and barriers  Signage  Public Rescue Equipment.

10. Training and Awareness

East Ayrshire Council uses a variety of methods to promote water safety initiatives. The Council recognises the importance of water safety education and is committed to promoting and delivering the necessary training. This will be achieved by:-

 Development and implementation of water safety flashes/ bulletins and targeted campaigns promoting and encouraging open water safety  Providing children the opportunities to experience open water in a safe and controlled environment  Providing children and adults the opportunities to learn to swim through School lessons and community based programmes within a swimming pool environment  Providing children with the opportunity to attend Rookie Lifeguard programmes  Ensuring children are trained to understand and manage risk associated with water safety  Commitment to training and facilitating water safety training with third party organisations.

11. Measuring and Evaluation

This policy will be reviewed, as a minimum, on an annual basis by the policy updater or as necessary following a significant event, for example, on notification of a serious incident occurring on a water body under the control of the Council or as a result of learning from a significant incident elsewhere.

The principle measure of the effectiveness of this policy will be through the reduction of incidents occurring on water bodies under the control of the Council to the lowest level practical.

Any incidents occurring on water bodies within East Ayrshire resulting in a fatality or serious injury would be notified to the Council’s Chief Executive and Executive Management Team by Police Scotland. On notification of a serious incident occurring on a water body under the control of the Council, the Policy will be reviewed and updated, as required, and an investigation of the incident circumstances carried out by the Council’s Health and Safety Section.

Appendix 1: Rivers/Ponds/Reserviors

Afton Water Glaisnock Water Kilmarnock Water Carmel Water Cessnock Water Muck Water Craufurdland Water River Fenwick Water Garpel Water Borland Reservoir (leased to angling club) Dean Park Pond Kay Park Pond

Appendix 2: Angling Clubs

Carmel Water, Kilmarnock Angling Club Angling Club Angling Club and District Angling Angling Club (White Loch Association (Boreland Reservoir) and Annick Water) Galston Angling Club

Appendix 3: Leisure Trust

Path networks

Loch Doon and Doon Valley Area Hannahston Pond, The Lugar Water Kilmarnock Town Trail Hollybush Irvine Valley Trail

Canoeing spots

Loch Doon Ness Glen

Visit www.canoescotland.org for information on getting started and local clubs.

Appendix 4: Former and current opencast coal sites with water filled voids Benbain Galawhistle Burnston Garleffan Chalmerston North Grievehill Chalmerston/Pennyvennie Laigh Glenmuir Dalfad Piperhill Dalgig Ponesk Darnconner Powharnal Duncanziemere Skares Dunstonhill Spireslack

Appendix 5: Further information

The Maritime and Coastguard Agency https://www.gov.uk/government/organisations/maritime-and-coastguard-agency

Float to Live: RNLI https://rnli.org/magazine/magazine-featured-list/2019/june/float-a-lifesaving-piece-of- advice

Floating Facts https://www.respectthewater.com/floating-facts/

Education Resources: Teach Young People to be safe near and in water https://rnli.org/youth-education/education-resources

Going Out There – Scottish Framework for Safe Practice In Off-site Visits https://www.goingoutthere.co.uk/

Safety around Reservoirs https://www.scottishwater.co.uk/en/Your-Home/Campaigns/Safety-Around- Reservoirs

ROSPA: Managing Safety at Inland Waters https://www.rlss.org.uk/Handlers/Download.ashx?IDMF=3ce01a46-aa24-43d0-9996- f890e1f2fd1c&formRef=85facf57

Scotland’s Drowning Prevention Strategy 2018-2026 https://www.watersafetyscotland.org.uk/media/1213/scotlands-drowning-prevention- strategy.pdf

Scottish Outdoor Access Code www.outdooraccess-scotland.com

Visitor Safety in the Countryside Group – Managing Visitor Safely in the Countryside – Principles and Practice (2003) www.vscg.co.uk

Safe Practice In School Swimming Pools http://eacintranet/Services/HealthandSafety/MasterSafetyFileStandardReviews/Safe- Practice-in-School-Swimming-Pools-.pdf