The hospitality industry, particularly in the tourism space, has a work, health and safety responsibility to ensure the safety of both workers and patrons. This responsibility also extends to businesses that provide recreational equipment for guest use.
A recent Western Australian case1, involving a hotel that was issued compliance notices after a family was swept out to sea and narrowly avoided tragedy, highlights the importance of implementing robust safety protocols to meet Work Health and Safety (WHS) legislative requirements2 and mitigate risks.
While public liability insurance (PL) covers claims from third parties, the obligations of a business or person conducting a business or undertaking (PCBU) under WHS legislation extend beyond insurance.
These obligations include ensuring the safety of equipment such as kayaks, paddleboards or snorkelling gear, assessing the capabilities of patrons and having emergency management systems in place. Below, we outline the key considerations and expectations for hotels providing aquatic equipment for their patrons.
Key WHS requirements for hospitality businesses providing aquatic equipment
Condition of equipment
Safety checks: Hotels must ensure that all aquatic equipment provided to patrons is in safe working conditions. This includes regular inspections, maintenance and repairs to prevent equipment failure.
Documentation: Maintain records of inspections and servicing to demonstrate compliance with safety standards.
Clear instructions: Provide clear and accessible instructions for the safe use of the equipment, including any limitations or restrictions.
Assessment of patron ability to manage hired equipment
Suitability of users: Assess the age, physical ability and mental capacity of individuals borrowing equipment. This ensures that patrons are capable of safely using the equipment.
Safety equipment: Determine whether any additional safety equipment, such as life vests or helmets, should be provided, based on the type of activity and the patron's ability.
Right to refuse: Establish a policy that allows the hotel to refuse the loan of equipment if there is a reasonable belief that the patron may be putting themselves or others at risk.
Conditions for loaning equipment
Set time limits: Clearly define the duration for which equipment can be borrowed and ensure patrons are aware of the return time.
Activity details: Require patrons to provide information about their intended activity, including the location they plan to visit and the route they will take.
Safety briefings: Conduct a safety briefing before patrons use the equipment, highlighting potential risks and emergency procedures.
Emergency management protocols
Overdue patrons: Establish a clear process for responding to situations where patrons are overdue in returning equipment. This should include obtaining contact details, estimated return time and intended locations before equipment is loaned.
Communication channels: Provide patrons with a reliable way to communicate changes to their plans, such as a dedicated phone number or messaging service.
Search and rescue preparedness: Have a plan in place for initiating search and rescue operations if patrons fail to return on time. This includes gathering information such as vehicle details, emergency contacts and the last known location of the patrons.
Why safety measures are essential for hospitality businesses hiring out equipment
The provision of aquatic equipment by hotels is a valuable service that enhances the guest experience. However, it also comes with risks and responsibilities. By implementing robust safety protocols, hospitality businesses can protect their patrons, reduce risks and maintain their reputation in the competitive tourism industry.
Compliance with WHS legislation
Hotels are legally required to ensure the health and safety of all individuals who may be affected by their operations, including patrons using loaned equipment. Failing to meet these obligations may result in penalties from WHS regulatory authorities.
Mitigating equipment hire risks
Implementing these safety measures reduces the risk of events and injuries, protecting both patrons and the business from harm. Proactively managing risks also minimises the likelihood of civil litigation, insurance claims and reputational damage.
Responses to patron emergency preparedness
Having robust emergency management protocols ensures a timely response to incidents, potentially saving lives and reducing the severity of outcomes.
How Gallagher Workplace Risk can help
At Gallagher Workplace Risk, we understand the complexities of WHS legislation and the unique challenges faced by hospitality businesses in the tourism sector. Our experts can help develop and implement tailored safety processes that address hotel equipment-related risks, including:
- Comprehensive risk assessments for aquatic equipment and activities
- Development of safety checklists and maintenance schedules for equipment
- Creation of procedures for assessing patron suitability and issuing safety equipment
- Implementation of emergency management systems, including communication protocols and search and rescue plans
- Staff training on safety procedures, risk management and emergency response
By accessing expertise from Gallagher Workplace Risk, you can ensure compliance with WHS legislation, protect your patrons and employees and safeguard your business from potential liabilities.
If your business provides recreational equipment, take the time to review your safety processes. Contact Gallagher Workplace Risk today to learn how we can help you meet your legal obligations and protect your business.