Adventure Activities - Q&A for Operator’s
How will the Department of Labour know that everyone who should have notified has done so?
It is a requirement of the Health and Safety in Employment (Adventure Activities) Regulations that everyone who is an adventure activity operator notifies the Department.
Many adventure activity operators have been waiting for the a guidance document to be released to work out whether or not they needed to notify. Now that it has been released, you have time to read it, and notify us before 30 April 2012 if you’re covered by the Regulations. If you’ve read the guidance document and you’re still not sure, contact us in the first instance (link).
From 1 May 2012, once the Department has reviewed the notifications it has received, the Department will start engaging with organisations to assist the registration process.
Who is responsible for the registration process?
You, as an operator, are responsible for ensuring you have a current safety audit certificate from a recognised safety auditor. Your auditor will send information to the Registrar to facilitate your registration.
How long does my registration last?
Your registration lasts as long as your safety audit certificate is valid. This will be determined by the safety auditor. Certificates can be for one to three years. The duration might depend on factors such as:
- the type of activity you provide
- your choice of recognised auditors.
Who will let me know when my next registration is due?
The Department is still considering this part of the process. Further information will be made available as soon as possible.
Can I see who is registered, and how?
All registered operators will be listed on a publicly accessible online register once registration has commenced.
More information on the audit and registration process will be available later in the year.
If I sell or buy a registered operation, is the existing registration still valid?
Yes. The registered operator is the business entity – for example a company or sole trader – and the registration stays with the business entity. The existing registration continues until it expires or the operation is found to be unsafe.
However, the safety audit provider who issued the safety audit certificate that enabled the operation to be registered may want to satisfy themselves the operation still meets the safety audit standard. If a new owner significantly changes how the operation is delivered, a new audit and registration may be required.
If I only do two or three trips a year, do I need to be registered?
Yes. The Regulations do not make special provisions for operators who only provide adventure activities occasionally.
My insurance company says I need to be registered, but the Department of Labour says I don’t. What do I do?
You will need to discuss this issue further with your insurance company. There may be two reasons why you can’t register:
- Registration is not possible yet. The Registration scheme has a three year implementation process.
- You do not provide an ‘Adventure Activity’ according to the definition in the Regulations.
It is a legal requirement that all operators are registered by 1 November 2014. Operators who are not registered by this date will be operating illegally. The Secretary of Labour may request some operators obtain safety audits and register earlier; those operators who have not initiated an audit within 3 months of the Secretary’s request and registered within 6 months after commencing the audit will be operating unlawfully.
My operation runs a really low risk activity, but the activity is listed in the Schedule in the Regulations. I don’t think I need to be registered, what do I do?
The schedule is an indicative list and does not automatically mean you are included. The guidance for adventure activities provides more detail on who is covered.
If you have any doubts about whether or not you need to register, contact the Department of Labour on 0800 20 90 20 as soon as possible.
I want to be registered but was told my activity does not meet the criteria for registration. What can I do?
Registration under these Regulations is possible for certain kinds of adventure activities. It is not possible to register all types of adventure activities.
Even if you are not covered by the Regulations, you are still required to take all practicable steps to ensure your workers and customers are safe.
Even if you do not need to obtain a safety audit for the purposes of the Regulations, we highly recommend that you obtain an external safety audit from a credible provider.