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. Ayrshire 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, East Ayrshire 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 Scotland’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. Page 1 of 15 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 Loch Doon, 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, Police 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