Introduction
Fairgrounds and amusement parks have been shown to be relatively safe compared to everyday activities such as driving a car or riding a bicycle, but there have been a small number of serious accidents.
The nature of modern, fast moving and powerful fairground rides means that certain checks have to be completed to ensure the safety of employees and members of the public.
What is fairground equipment?
The Health and Safety at Work (Northern Ireland) Order 1978 provides a legal definition of fairground equipment. In summary, fairground equipment is any fairground ride or any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it.
What the law requires
As employers or self-employer persons, fairground operators and ride controllers have specific responsibilities under health and safety legislation to ensure the health and safety of any employees and of other persons that may be affected by their business activity, including members of the public. These duties cannot be transferred to another person or body although other persons may assist you with fulfilling your legal responsibilities.
These duties extend not only to the overall safety of a fairground site but also to individual fairground rides which must be set up, operated and dismantled safely.
Accidents and incidents
The majority of accidents on fairground rides arise from either poor maintenance or poor operation of rides. Records of all incidents should be kept along with whatever action you may take in response to the incident. You should note that you are required under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997 to report certain injuries, diseases and dangerous occurrences.
For more detail on reporting arrangements, please see the following link:
Inspection and maintenance of fairground equipment
Typically, the controller of a ride or amusement device will appoint an inspection body, often referred to as the Appointed Inspection Body. HSENI cannot endorse any such body and it remains a decision for the ride controller to appoint a suitably competent person to this role. Although there is no legal obligation to use an inspection body from any particular registration scheme, this may assist ride controllers with choosing inspection bodies that are competent.
The Appointed Inspection Body will ensure all of the necessary tests and inspections of individual subsystems are completed at the required intervals. These may include mechanical, hydraulic and electric inspections, as well as non-destructive testing.
Safety certificates issued by any Appointed Inspection Body should not be issued until all of the required actions identified by the relevant inspection body have been completed.
Whilst individual inspection bodies have a legal duty to ensure their own work is competent and diligent, the overall responsibility for safety of the fairground equipment rests with the person in control of the ride.
Fairground operators and individual ride controllers must ensure that all relevant documentation in relation to the inspection of rides is available, if requested by a Health and Safety Inspector. This information is key in determining the overall safety of the fairground equipment during the last recorded in-service inspection. Ride controllers must also ensure periodic and ongoing maintenance of fairground equipment by people that are trained and experienced.
Operators are also reminded of the importance of daily checks which should be conducted in line with manufacturer’s guidelines, as well as taking into account any further relevant instructions from inspection bodies, designers, importers and suppliers. Daily checks should be conducted before use by the public and must be conducted by a competent person who has received adequate training. Records of daily checks and any relevant training provided should be recorded and made available for inspection.
Detailed guidance in relation to the inspection of amusement devices is available within HSE guidance entitled Fairground and amusement parks: Guidance on safe practice (HSG175). This document provides detailed guidance not only in relation to in-service annual inspection, but it also outlines the significance and importance of the pre-use inspection process before a device is put into operation for use with the public:
Fairground site safety
The event organiser is responsible for ensuring the overall safety at an event during setting up, breaking down and while persons are in attendance.
Organising and planning at an early stage are key steps that ensure safety throughout every stage of an event or on a fixed site. Emergency procedures are also important to ensure foreseeable emergencies can be responded to such as the rescue of the public trapped in a high ride or ensuring emergency services can safely access a site at all times if required.
More detailed information on organising and planning for an event, emergency plans, and managing a site are contained within the following document:
What to expect when a Health and Safety Inspector calls
General information is available for employers on What to expect when a Health and Safety inspector calls. At fairgrounds, health and safety law is enforced by the Health and Safety Executive for Northern Ireland (HSENI). Health and safety inspectors routinely visit fairground operators to ensure compliance with legislative requirements, including the inspection and ongoing maintenance of rides and equipment, as well as the general safety of the site, whether fixed or temporary.
Resources
- Fairgrounds and amusement parks: Guidance on safe practice HSG175 - (hse.gov.uk)
- Report an incident
- What to expect when a Health and Safety inspector calls
Legislation