Navigating the Depths

There have been a number of tragic high profile drowning incidents at Leisure Centres in Ireland in recent years.

In May 2022 a 6-year-old boy drowned after getting into difficulty in the pool at the Tullamore Court Hotel. In April 2024, a 7-year-old boy drowned at the swimming pool at the Lakeside Hotel in Killaloe. When such tragic events occur, the Health and Safety Authority (“HSA”) carry out in-depth investigations of the Health and Safety protocols of the swimming pool operators (“SPOs”). In some instances, criminal prosecutions are considered. In consideration of these issues, Mark Healy and Jack Wardick examine the legal obligations of SPOs in Ireland and the recommended guidelines they should follow.

Notably, while current Health and Safety Legislation imposes certain statutory obligations on SPOs, there is no specific statutory requirement in Ireland to have a lifeguard stationed at the poolside dedicated solely to watching swimming pool users. There are several guideline documents that SPOs must consider, but these are just that – guidelines - and do not have statutory standing. Consequently, there is a lacuna in the law on the issue of pool supervision that creates a somewhat confusing and uncertain legal landscape for Irish SPOs.

WHAT ARE THE STATUTORY OBLIGATIONS? - SAFETY HEALTH & WELFARE AT WORK ACT 2005

The Safety Health & Welfare at Work Act 2005 (“The 2005 Act”) is the sole piece of legislation that imposes statutory obligations on SPOs in Ireland. This legislation is not specific to water safety; it addresses the general statutory health and safety obligations on workplace operators for both employees and non-employees. Section 12 of the 2005 Act states that:

The 2005 Act therefore imposes a legal obligation on SPOs to ensure that pool users can do so in a safe manner, and where risk is minimized as much as possible. This should include an assessment on whether dedicated poolside lifeguards are required.

SPOs are obliged to complete a safety statement, and each aspect of the operation of the swimming pool must be appropriately risk assessed. The completion of regular risk assessments is a continuing obligation under the 2005 Act and risks must be reviewed and amended as necessary on a periodic basis. Staff must be appropriately trained, and their training must be kept up to date.

WHAT GUIDELINES EXIST?

1. ILSE POOL SAFETY GUIDELINES 2017 (ILSE)

These guidelines advise that a swimming pool should be managed by at least one lifeguard. The ILSE guidelines set out the minimum recommended numbers of lifeguards per pool area. The ILSE further recommend that the recommended numbers of lifeguards must be considered in tandem with the results from the operator’s risk assessment. The guidelines further advise that if continuous supervision is not in place, the reason for this must be justified with support from the risk assessment. Swimming pool users must be clearly advised where to find pool lifeguards, and how to raise the alarm in the event of an emergency, if no continuous supervision is in place.

2. WATER SAFETY IRELAND GUIDELINES 2021 (WSIG)

These guidelines, published by Water Safety Ireland, outline the minimum requirements that SPOs require in order to ensure that appropriate measures are in place to maintain safety. SPOs are encouraged to adopt the guidelines and it is recommended that they are implemented. Significantly, WSIG recommend that at least one qualified lifeguard should be on duty at all times at poolside, regardless of the activity taking place, but concede that specific recommendations cannot be made regarding specific lifeguard numbers due to the wide variety of facilities and the many ways in which swimming pools are used.

3. POOL SAFETY OPERATING PROCEDURES (PSOP)

The Pool Safety Operating Procedures are guidance documents issued by Royal Life Saving Society UK and which commonly form part of a pool operator’s safety statement. The PSOP is comprised of a Normal Operating plan (NOP) and an Emergency Action Plan (EAP). The NOP sets out how the pool operates on a daily basis, which would include the duties of lifeguards, and general supervision of the pool area. The EAP provides specific instructions on actions to be taken by all staff, in the event of an emergency.

CONCLUSION

It is a matter for each individual SPO to consider how swimming pool risk is managed and how the recommended guidelines are implemented. SPOs should ensure that their safety statements and risk assessments incorporate the recommended guidelines and more importantly, that they are properly implemented, so as to minimise risk to the swimming pool users. It remains the case throughout Ireland that many SPOs consider that they do not require a lifeguard to be present at poolside and that general availability of suitably qualified staff in the vicinity of the pool is sufficient. However, in the aftermath of a tragic event, such an approach will be closely examined and investigated, and SPOs may run the risk of prosecution by the HSA.