Golf Course Health and Safety Legislation

UK Health and Safety Requirements for Golf Clubs and Driving Ranges

Introduction

Health and safety is an essential consideration for every golf club and driving range in the UK. Golf facilities combine sporting activities, public access, outdoor environments, specialist machinery, hazardous substances and, in some circumstances, significant risks from high-speed projectiles such as golf balls.

This article provides an overview of the legal framework governing health and safety on golf courses and driving ranges in the UK. It summarises the principal duties and responsibilities of golf club owners, occupiers, directors, managers and employers, as well as the legal responsibilities owed to golfers, visitors, contractors, employees and members of the public.

The objective of health and safety law is not to eliminate every risk associated with golf. Instead, golf clubs and driving ranges are expected to identify foreseeable hazards, assess the risks they present and take reasonably practicable steps to control those risks.

Effective health and safety management therefore protects employees, golfers, visitors and members of the public while helping golf businesses demonstrate that appropriate standards of care have been applied.

Important: This article provides general information about health and safety requirements affecting golf clubs and driving ranges. It is not legal advice. The legislation and case law applicable to a particular incident will depend on the facts, jurisdiction and circumstances. Golf clubs should obtain independent legal advice where specific advice is required.

What is the Legal Duty of Care?

A general duty of care is an important element of a negligence claim. Before a person can successfully bring a claim for negligence, they generally need to establish that the defendant owed them a legal duty of care.

In the UK, courts have traditionally considered three key factors when determining whether a duty of care exists, commonly associated with the Caparo test:

1. Foreseeability – Was it reasonably foreseeable that the defendant's actions or omissions could cause harm to the claimant?

2. Proximity – Was there a sufficiently close relationship between the person responsible for the risk and the person who suffered the injury?

3. Fairness – Is it fair, just and reasonable to impose a duty of care in the particular circumstances?

It is important to distinguish between a duty of care and the standard of care.

The duty of care concerns whether a legal obligation exists in the first place. The standard of care concerns whether the defendant acted reasonably in meeting that obligation.

In a negligence claim arising from a golf course accident, the claimant will generally need to establish that a duty was owed, that the duty was breached, that the breach caused the injury and that legally recognisable damage resulted.

Negligence and Duty of Care

Following an accident at a golf course or driving range, a negligence claim will generally involve consideration of four key elements:

Duty

The defendant owed the injured person a legal duty of care.

Breach

The defendant failed to meet the required standard of care by acting, or failing to act, in a way that was unreasonable in the circumstances.

Causation

The breach caused or materially contributed to the injury.

Damages

The injured person suffered a legally recognised loss or injury.

Every accident is fact-specific. The circumstances surrounding the incident, the hazards present, the precautions taken and the actions of those involved will all need to be considered.

Comparative Negligence

The conduct of the injured person may also be relevant when determining responsibility for an accident.

For example, a golfer may ignore warning signs and enter an active area of a golf course while another player hits a shot without properly checking the area.

Depending on the circumstances, responsibility may potentially be shared between the parties and any damages may be reduced to reflect the claimant's contribution to the accident.

The precise legal rules governing contributory negligence depend on the circumstances and the applicable jurisdiction.

Premises Liability on Golf Courses

Premises liability is an important consideration for golf clubs and driving ranges.

Owners and occupiers generally have legal responsibilities to take reasonable care to ensure that people using their premises are reasonably safe for the purposes for which they are permitted to be there.

Golf courses present a range of foreseeable hazards, including:

• Flying golf balls

• Uneven ground

• Slips, trips and falls

• Water hazards

• Machinery

• Trees and branches

• Severe weather

• Maintenance activities

• Construction or repair work

Golf clubs are not expected to eliminate every risk. Golf is inherently a sporting activity and some hazards form part of the nature of the game.

The key issue is whether reasonable and proportionate precautions have been taken to control risks that are reasonably foreseeable.

Common Law Duties

Common law develops through decisions made by the courts and the precedents established by previous cases.

In the context of health and safety, employers have long-standing duties to take reasonable care of employees and others who may be affected by their activities.

These responsibilities include:

• Preventing death and injury

• Preventing work-related disease and ill health

• Providing a safe place of work

• Providing safe access and egress

• Providing safe systems of work

• Providing and maintaining safe plant and equipment

• Protecting the health, safety and welfare of employees and others who may be affected by the work

Much of the development of common law health and safety duties has occurred through case law. Parliament has also introduced extensive legislation and regulations to provide more specific requirements for employers and businesses.

The Occupiers' Liability Act 1957

The Occupiers' Liability Act 1957 establishes duties owed by occupiers of premises to lawful visitors.

In general terms, an occupier must take reasonable care to ensure that lawful visitors are reasonably safe while using the premises for the purposes for which they are invited or permitted to be there.

Golf courses and driving ranges may have many categories of lawful visitors, including:

• Members

• Paying golfers

• Guests

• Spectators

• Staff

• Contractors

• Visitors and customers

The occupier must consider foreseeable risks and take reasonable steps to protect visitors from avoidable dangers.

The legislation does not require a golf club to eliminate every possible risk. Golf is a sport involving inherent hazards, including the possibility of being struck by a golf ball.

The important consideration is whether the golf club has taken reasonable precautions to control foreseeable and avoidable risks.

The Occupiers' Liability Act 1984

The Occupiers' Liability Act 1984 concerns duties owed to people who are not lawful visitors, including circumstances involving trespassers.

Section 1 establishes a duty of care in certain circumstances to persons other than lawful visitors.

The legislation can also be relevant to people exercising rights under legislation concerning access to the countryside and certain rights of way.

The application of the legislation to public rights of way and highways requires careful consideration, and different legal principles may apply depending on the circumstances and jurisdiction.

Separate legislation applies in Scotland, so golf clubs operating in Scotland should obtain advice on the applicable Scottish legal framework.

Defences Under the Occupiers' Liability Act

One issue that can arise under the 1984 Act is the acceptance of risk, commonly referred to by the Latin term volenti non fit injuria.

Section 1(6) provides that, in certain circumstances, no duty is owed in respect of risks willingly accepted by the person concerned.

However, whether a person has genuinely accepted a particular risk will depend on the facts and circumstances of the case.

Warning Signs and Notices

Warnings can also be relevant to an occupier's duty.

Section 1(5) of the Occupiers' Liability Act 1984 provides for circumstances in which an occupier may discharge the duty by taking reasonable steps to give warning of the danger or discourage people from taking the risk.

Simply putting up a warning sign does not necessarily mean that the occupier has discharged its duty.

The warning needs to be appropriate in the circumstances and sufficiently clear to communicate the nature of the relevant risk.

Particular care may be necessary where children could be exposed to hazards. Children may be less able than adults to recognise or understand particular dangers.

This can be particularly relevant where children gain access to golf courses or other areas of a club without permission and use them for recreational purposes.

Health and Safety Responsibilities for Golf Clubs and Employers

Health and safety responsibilities can appear extensive because they arise from several different sources, including legislation, regulations, common law and industry-specific requirements.

Golf courses and driving ranges present a combination of risks that can include:

• Outdoor working

• Specialist machinery

• Hazardous substances

• Public access

• Sporting activities

• High-speed projectiles

• Lone working

• Tree maintenance

• Water hazards

• Electrical systems

• Severe weather

Employers have legal responsibilities under UK health and safety legislation, with the Health and Safety Executive (HSE) responsible for enforcing many workplace health and safety requirements.

The fundamental purpose of health and safety legislation is to prevent people from being exposed to unacceptable risks of harm.

What Are the Health and Safety Responsibilities of Golf Club Employers?

Employer duties apply to businesses and those responsible for managing workplaces.

Health and safety responsibilities may extend beyond employees to other people who could be affected by the work being undertaken.

Depending on the circumstances, this can include:

• Temporary workers

• Visitors

• Customers and clients

• Contractors

• Employees of other businesses working on shared premises

• Occupants of neighbouring or affected premises

• Members of the public

• Anyone else who may be affected by the employer's activities

Golf clubs should protect employees, visitors and members of the public from foreseeable risks arising from their activities.

Employers are generally expected to control workplace hazards so far as is reasonably practicable. Risk assessments are an important part of determining what controls are appropriate.

Depending on the circumstances, employers may need to:

• Produce a health and safety policy

• Carry out suitable and sufficient risk assessments

• Develop emergency procedures

• Appoint competent assistance where necessary

• Comply with applicable health and safety regulations

• Provide health and safety information, instruction, training and supervision

The Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 22).

The 2022 Personal Protective Equipment at Work (amendment) Regulations 2022 (PPER 22) extended employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. 

Under employment law in the UK, the definition of a worker has 2 parts: 

• Limb (a) describes employees who work under a contract of employment. 

• Limb (b) describes workers who generally have a more casual employment status and work under a contract for service, such as freelance couriers, casual agency staff, and some zero-hour contract staff in the gig economy.   

It is important to understand what the status of all workers is and what PPE is required by the Regulations.

What Health and Safety Legislation Applies to Golf Courses and Driving Ranges?

In addition to common law duties and the Occupiers' Liability Acts, a number of important pieces of legislation and regulations may apply to golf courses and driving ranges.

These include:

• Health and Safety at Work etc. Act 1974

• Management of Health and Safety at Work Regulations 1999

• Construction (Design and Management) Regulations

• Control of Substances Hazardous to Health Regulations 2002 (COSHH)

• Provision and Use of Work Equipment Regulations 1998 (PUWER)

• Personal Protective Equipment at Work Regulations

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)

• Health and Safety (First-Aid) Regulations 1981

• Applicable fire safety legislation

• The Electricity at Work Regulations 1989 

Not every regulation will apply to every golf club. The precise requirements depend on the activities being undertaken, the equipment used, the substances present and the nature of the workplace.

As more and more machinery is electrified, the safety environemnt around electricity is becoming even more important. It is vital that as electrification progresses, staff are gievn the necessary training and policies are in place to ensure worker safety.

Health and Safety at Work etc. Act 1974

The Health and Safety at Work etc. Act 1974 is the foundation of workplace health and safety law in Great Britain.

In addition to general employer responsibilities, requirements can include:

• Providing adequate welfare facilities

• Having a suitable written health and safety policy where required

• Establishing appropriate organisational arrangements

• Consulting with safety representatives where applicable

• Protecting employees and others who may be affected by the business

Golf clubs should ensure that their health and safety arrangements reflect the activities actually undertaken at the club.

Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 establish additional general duties for employers.

Golf courses and driving ranges can present a wide range of specific risks, including:

• Flying golf balls

• Operation of maintenance machinery

• Slips, trips and falls

• Chemical storage and use

• Lone working by greenkeepers

• Tree maintenance

• Water hazards

• Electrical installations

• Severe weather conditions

Employers should:

• Carry out suitable and sufficient risk assessments

• Put arrangements in place for effective planning, organisation, control, monitoring and review

• Appoint or engage competent persons where necessary

• Develop and implement suitable emergency procedures

• Provide relevant health and safety information

• Provide appropriate information to non-employees where required

• Provide temporary workers with appropriate information

• Cooperate with other employers where workplaces are shared

• Provide adequate and relevant health and safety training

Following a risk assessment, employers should implement appropriate control measures to reduce risks so far as is reasonably practicable.

Golf club directors, owners and managers should understand which regulations apply to their particular activities and regularly review their arrangements.

Construction (Design and Management) Regulations

Construction and significant maintenance work on a golf course or driving range may bring the Construction (Design and Management) Regulations (CDM) into consideration.

Where CDM applies, specific duties can arise for clients, designers, contractors and other duty holders involved in construction work.

Golf clubs planning construction, alteration or significant maintenance projects should establish at an early stage whether CDM applies and what duties arise.

COSHH and Hazardous Substances

Golf course maintenance frequently involves the use of hazardous substances.

These can include:

• Fertilisers

• Herbicides

• Fungicides

• Pesticides

• Fuel

• Cleaning chemicals

The Control of Substances Hazardous to Health (COSHH) Regulations 2002 require employers to assess the risks associated with hazardous substances and introduce appropriate measures to control exposure.

Control measures may include:

• Secure and appropriate chemical storage

• Clearly labelled containers

• Appropriate ventilation

• Spill kits

• Personal protective equipment

• Staff training

• Emergency procedures

Only appropriately trained and competent personnel should mix or apply pesticides and other hazardous substances.

Records relating to chemical use should also be maintained where required.

Effective COSHH management protects employees and can also help prevent environmental damage arising from spills, inappropriate storage or uncontrolled chemical use.

PUWER and Golf Course Machinery

Golf course maintenance relies heavily on specialist machinery.

Examples include:

• Ride-on mowers

• Fairway mowers

• Greens mowers

• Tractors

• Utility vehicles

• Aerators

• Chainsaws

• Leaf blowers

The Provision and Use of Work Equipment Regulations 1998 (PUWER) require employers to ensure that work equipment is suitable for its intended use and properly maintained.

Depending on the equipment and circumstances, employers should ensure that machinery is:

• Suitable for the task

• Properly maintained

• Inspected where required

• Used by appropriately trained and competent people

• Provided with appropriate safety measures and guards

Greenkeeping staff should receive suitable training before operating machinery.

Equipment should also be maintained and serviced in accordance with appropriate procedures, including manufacturers' recommendations where relevant, to reduce the risk of mechanical failure and accidents.

Personal Protective Equipment at Work

Personal protective equipment (PPE) should not be the first response to a hazard where the risk can be eliminated or controlled by other means.

However, PPE remains an important final layer of protection where risks cannot otherwise be adequately controlled.

Typical PPE used in golf course maintenance can include:

• Safety boots

• High-visibility clothing

• Hearing protection

• Safety glasses

• Gloves

• Chainsaw protective clothing

• Waterproof clothing

Greenkeepers operating noisy machinery may require hearing protection, while employees handling chemicals may require appropriate chemical-resistant gloves and eye protection.

Where PPE is required for work, employers have responsibilities concerning its suitability, provision, maintenance and use.

RIDDOR and Accident Reporting

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) require certain work-related injuries, diseases and dangerous occurrences to be reported to the appropriate enforcing authority.

Potentially reportable incidents at golf facilities can include serious accidents involving machinery, certain major injuries, dangerous equipment failures, specified exposures and fatal accidents.

The precise reporting requirements depend on the circumstances and the nature of the incident.

Accurate accident reporting and investigation can also help employers identify recurring hazards and improve their health and safety management systems.

Golf clubs should maintain appropriate records of accidents and near misses and use the information to identify trends and prevent similar incidents from occurring.

Fire Safety at Golf Clubs

Golf clubs commonly contain a combination of buildings and areas requiring careful fire safety management, including:

• Clubhouses

• Maintenance workshops

• Fuel stores

• Kitchens

• Locker rooms

• Offices

• Storage areas

Fire safety arrangements should be appropriate to the premises and activities undertaken.

Depending on the circumstances, golf clubs may need to:

• Carry out fire risk assessments

• Install and maintain suitable fire alarm systems

• Provide appropriate fire extinguishers

• Clearly identify fire exits

• Train staff in emergency and evacuation procedures

• Test alarms and emergency lighting as required

Fuel storage areas and maintenance workshops require particular attention because of the potential presence of petrol, diesel, oils, machinery and electrical equipment.

First Aid Requirements

The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate first-aid equipment, facilities and personnel, depending on the circumstances and the findings of their assessment.

Golf facilities should consider providing:

• Appropriately trained first aiders

• Accessible first-aid kits

• Emergency communication systems

• Defibrillators (AEDs), where appropriate

• Procedures for contacting emergency services

Golf courses can cover large geographical areas. Consequently, emergency communication and access arrangements are particularly important.

Clubs should consider how quickly an injured person can be located, how emergency services can reach the relevant part of the course and how first aid can be provided without unnecessary delay.

Training and Competence

Appropriate training is an essential part of effective health and safety management.

Depending on the roles undertaken at a golf club, training may include:

• Manual handling

• Machinery operation

• Chemical handling

• Fire safety

• First-aid awareness

• Emergency procedures

• Safe lifting techniques

• Hazard reporting

• Chainsaw use

• Working at height

Training should be appropriate to the individual's responsibilities and level of competence.

Regular refresher training can help ensure that employees remain competent and understand current procedures, legislation and good practice.

Working at Height Regulations

The Work at Height Regulations 2005 place specific duties on employers where employees or others may be exposed to the risks associated with working at height.

Employers must ensure that work at height is properly planned, appropriately supervised and carried out by people who are competent to undertake the work. 

Golf clubs and driving ranges should consider these requirements in activities such as tree maintenance, building maintenance, work on roofs, the use of ladders and access to elevated areas.

Employers must assess the risks associated with working at height and, where reasonably practicable, avoid working at height altogether. Where work at height cannot be avoided, appropriate measures must be taken to prevent falls. 

This may include suitable access equipment, guardrails, platforms, scaffolding, mobile elevating work platforms or other appropriate collective protective measures.

 Equipment used for work at height must be suitable, properly maintained and inspected as required, and particular care should be taken when weather conditions, uneven ground or other site-specific hazards could increase the risk of a fall.

Particular attention should be given to activities such as tree work, accessing roofs and buildings, maintaining lighting or netting at driving ranges, and using ladders or mobile access equipment. The aim is to ensure that foreseeable risks are identified and controlled before work begins, rather than relying solely on employees to manage the risk while the work is underway.

Responsibility of the individual

Health and safety is not solely the responsibility of the golf club or employer.

Employees also have individual responsibilities to take reasonable care of their own health and safety and that of other people who may be affected by their acts or omissions. 

Employees should follow the club's health and safety procedures, use equipment correctly, attend required training, use provided personal protective equipment and report hazards, defects, accidents and near misses. 

Employees working on a golf course or driving range should only undertake tasks for which they are appropriately trained and competent. 

If an employee considers that a task presents an immediate or serious risk, they should raise the concern with their manager or supervisor and follow the club's established reporting and emergency procedures. 

Visitors, golfers and members of the public also have a responsibility to take reasonable care for their own safety and the safety of others. 

They should comply with reasonable instructions, follow warning signs and safety notices, use the course and facilities in the manner intended, and avoid deliberately entering restricted or hazardous areas. 

Golfers should also follow the club's rules and procedures including playing by The Rules of Golf.  

Where a visitor deliberately ignores a clearly identified hazard or reasonable safety instruction, that conduct may be relevant when determining responsibility for an accident. 

However, the presence of an individual responsibility does not automatically remove the golf club's own legal duties to identify and control foreseeable risks.

Frequently Asked Questions About Golf Course Health and Safety

Do golf courses have to comply with health and safety law?

Yes. Golf clubs are workplaces where employees undertake work activities and are therefore subject to applicable UK health and safety legislation.

The Health and Safety at Work etc. Act 1974 and supporting regulations impose duties on employers. Golf clubs may also owe duties to golfers, visitors and contractors under the applicable occupiers' liability legislation and common law.

The precise duties depend on the circumstances and activities undertaken at the golf facility.

Who is responsible for safety on a golf course?

Responsibility will depend on the circumstances.

The golf club, its directors, managers and other people responsible for the premises or particular activities may have legal duties. Employees can also have their own responsibilities for working safely and following appropriate procedures.

Responsibility should therefore be considered in relation to the particular activity, hazard and circumstances involved.

Are golf balls a foreseeable hazard?

Yes. Flying golf balls are an inherent and foreseeable risk associated with the game of golf.

However, recognising that golf balls present an inherent risk does not mean that golf clubs can ignore the risk.

Clubs should consider foreseeable risks and implement reasonable controls where appropriate. Depending on the circumstances, these may include:

• Course design

• Separation distances

• Warning signs

• Operational procedures

• Safety barriers or netting

• Supervision

• Player instructions

• Risk assessments

Bolton v Stone [1951] AC 850

Although Bolton v Stone concerned cricket rather than golf, it is an important authority concerning foreseeability and the likelihood of harm from a projectile leaving a playing area.

The case illustrates the importance of considering both the likelihood of an accident and the reasonable precautions that could be taken against it.

Pearson v Lightning [1998] PIQR P145

Pearson v Lightning is cited in the original article as an important English golf case concerning the risks associated with golf balls and the responsibilities of golfers.

The case is relevant to consideration of the foreseeability of injury and the duty of golfers to exercise reasonable care when playing shots.

Brewer v Delo [1967] 1 Lloyd's Rep 486

Brewer v Delo is also identified as an authority concerning the duty of golfers to exercise reasonable care towards other people who may be affected by their play.

The circumstances surrounding an individual shot, the location of other golfers and the actions taken before playing will all be relevant when considering whether reasonable care was exercised.

Legal note: The precise propositions attributed to these cases should be checked against the original judgments and current legal authorities before publication.

Is a golf course or driving range a workplace?

A golf course or driving range can be a workplace for employees who carry out work there.

However, a golfer using the course for recreational purposes is not an employee simply because they are present at the workplace.

This distinction is important because different legal duties can apply to employees, golfers, contractors, visitors and members of the public.

For example, workplace health and safety legislation primarily concerns work activities and people affected by those activities, while duties to visitors and others may also arise under occupiers' liability legislation and common law.

What are the most common legal mistakes made by golf clubs?

Golf clubs can encounter difficulties when they fail to distinguish between different categories of people and different sources of legal responsibility.

Common areas requiring careful consideration include:

• Failing to identify foreseeable hazards

• Inadequate or outdated risk assessments

• Insufficient controls for flying golf balls

• Poor signage or warnings

• Inadequate machinery training

• Poor chemical storage and COSHH arrangements

• Insufficient emergency procedures

• Failure to maintain equipment

• Inadequate accident and near-miss records

• Failing to provide appropriate employee training

• Confusing duties owed to employees with duties owed to golfers and visitors.

A robust health and safety management system should identify who may be exposed to each risk and establish appropriate control measures.

Conclusion

Health and safety on golf courses and driving ranges involves a combination of legislation, regulations, common law duties and practical risk management.

Golf clubs cannot reasonably eliminate every risk associated with the sport. However, they should identify foreseeable hazards, assess the risks they create and take proportionate and reasonably practicable steps to control them.

This can include appropriate course design, signage, operating procedures, machinery maintenance, COSHH controls, staff training, emergency planning and supervision.

The risks associated with golf are not limited to players. Employees, greenkeepers, contractors, visitors, spectators and members of the public may all be affected by activities taking place on a golf course or driving range.

Effective health and safety management is therefore about more than simply complying with individual regulations. It requires a systematic approach to identifying hazards, implementing appropriate controls, monitoring those controls and reviewing them when circumstances change.

By embedding health and safety into everyday operations, golf clubs and driving ranges can provide enjoyable recreational environments while meeting their legal and ethical responsibilities.

Individuals also have responsibilities.

Where a serious accident occurs, specialist expert evidence may also be required. An expert with appropriate knowledge of golf course design, golf operations and health and safety can provide an independent opinion on matters such as foreseeable risk, course layout, operational procedures and whether reasonable standards of care were applied.

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