Amusement Rides, Attractions and Fireworks

Policy

This policy sets out the health and safety requirements relating to the management of risks associated with the use of amusement rides, attractions and fireworks for school events.

Summary

• Schools must not own or operate their own amusement rides, attractions or fireworks.
• Schools must follow this policy and related procedure when engaging a third-party operator to operate any amusement rides, attractions or fireworks for school organised events conducted at school sites and non-school sites (for example, a local park).
• Schools who have engaged a third-party operator to operate any amusement rides, attractions or fireworks at non-school sites as part of a non-public event must also follow the Excursions Policy.
• Schools must enter into a written agreement with third-party operators. When engaging a third-party operator for an event on a non-school site, schools must also contact the Commercial Law Unit for advice regarding any written agreements provided by a third-party operator and owner of a site.
• Schools must work with the ride or attraction operator to ensure the relevant WorkSafe advice is followed, using the Amusement rides, attractions and fireworks checklist (DOCX).
• For land-borne inflatable devices (for example, jumping castles, Zorb balls, inflatable slides), schools must ensure that the operator is following required WorkSafe guidance on anchoring, wind speed monitoring, providing safe access and preventing unauthorised access (among other requirements – refer to the Procedure for more details).
• For fireworks, schools must ensure that the operator is a licensed pyrotechnician and has provided evidence of notifying the relevant authorities (and seeking approval where required) for the conduct of fireworks displays.
• This policy does not cover school excursions to venues with amusement rides, attractions and fireworks, such as theme parks. In this situation, schools must follow the Excursions Policy.

Details

The use and operation of amusement rides, attractions and fireworks involves additional risk beyond that usually managed in the school environment and requires appropriate risk planning and management. Schools must not own their own amusement rides, attractions or fireworks, and must not use or operate amusement rides, attractions or fireworks without the third-party operator on site.

Schools must follow this policy and related procedure when planning the safe operation of amusement rides, attractions or fireworks when these are managed through a third-party operator at:

• school sites (for example, at school organised events on school grounds)
• non-school sites (for example, at school organised events on external sites, outside of school grounds – if these events are non-public, schools must also follow the Excursions Policy).

Where amusement rides, attractions or fireworks are being considered as part of a school fete or other fundraising activity the Fundraising Activities (including fetes) Policy must also be followed.

For the purposes of this policy, ‘amusement rides and attractions’ include but are not limited to:

• land-borne inflatable devices like jumping castles, Zorb balls, inflatable movie projection screens
• bungee trampolines or bungee runs
• chair swings, carousels, merry-go-rounds, roller coaster or Ferris wheel type rides
• pony rides, petting zoos and other animal attractions
• motorised rides such as Cha Cha, Scrambler, Sizzler.

‘Fireworks’ include but are not limited to:

• display fireworks
• theatrical fireworks
• Chinese firecrackers.

Roles and responsibilities in managing amusement rides, attractions and fireworks

The safe operation of amusement rides, attractions and fireworks is a shared responsibility between the department, the principal and/or their delegate, school staff and any third-party operator.

• The department must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health.
• The principal and/or their delegate, in consultation with the health and safety representative (HSR), school council and relevant school staff must work with the chosen operator to plan safe set-up and operation of the ride, to identify risks to health and safety by undertaking a risk assessment using the procedure and to eliminate any risks, so far as reasonably practicable.
• School councils are responsible for entering into a contract or agreement with any third-party operator to operate amusement rides, attractions and fireworks.
• School staff owe a duty of care in relation to students and must take reasonable steps to minimise the risk of reasonably foreseeable harm. In addition, school staff must take reasonable care for their own health and safety and the safety of others who may be affected by their actions or omissions while at work, and report any health, safety or wellbeing concerns to the principal and/or their delegate.
• Third party operators (operators) owe a duty of care to ensure the safe operation of their rides, attractions or fireworks and must ensure, so far as is reasonably practicable, that amusement rides, attractions and fireworks are without risks to health and safety. Operators are responsible for maintaining the ride and ensuring it operates safely in accordance with legal requirements and WorkSafe advice.

Key requirements for schools to manage risks associated with the use and operation of amusement rides, attractions and fireworks

When planning for the use and safe operation of amusement rides, attractions and fireworks, schools must:

• work with the ride or attraction operator to identify and mitigate risks in accordance with the relevant WorkSafe advice:
  • Amusement ride hire checklists
  • Land-borne inflatable amusement devices
  • Using fireworks
• complete the Amusement rides, attractions and fireworks checklist (DOCX) in consultation with the contracted operator
• identify and manage risks relating to child safety under the Child Safe Standards including by seeking written confirmation from the chosen operator that:
  • they acknowledge they are an entity that provides entertainment services for children and thereby are required to be compliant with the Child Safe Standards
  • they have a Child Safety and Wellbeing Policy and a Child Safety Code of Conduct
  • child safe screening of all staff working with children has been satisfactorily undertaken, including by requiring a Working with Children Clearance
• ensure a written agreement (refer to Written agreements in Chapter 1 of the Procedure tab) is in place between the school council and the chosen operator (and records kept)
• ensure adequate student supervision arrangements are in place where the ride or attraction is provided during school hours for enrolled students only (and not at a public event like a fete) and that the roles and responsibilities of school staff and the operators are clear
• ensure that parent or carer consent is obtained where required (and records are kept) – (refer to Parent consent in Chapter 1 of the Procedure tab)
• ensure the necessary approvals have been obtained (refer to Approvals in Chapter 1 of the Procedure tab)
• ensure good records are kept of the school’s planning and risk management process, including general planning for critical incidents in the school’s Emergency Management Plan and documentation collected from the operator.

The Amusement Rides, Attractions and Fireworks Procedure (in the Procedure tab) contains detailed, step-by-step information about how schools can meet these key requirements.

Department supports for schools

Central and regional offices provide a range of supports and services to assist principals and school staff to be safe and well, including access to the OHS Advisory Service and regional OHS support officers who can provide free advice on engaging third-party operators of amusement rides, attractions and fireworks for school events.

Definitions

Amusement rides
Items of plant operated for hire or reward that provide entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment.

Land-borne inflatable amusement devices
Include but are not limited to jumping/bouncing/bouncy castles and slides, Zorb balls, inflatable movie screens.

Related policies

• Contractors – Insurance and Contract Arrangements
• Contractor OHS Management
• Duty of Care
• Excursions
• Fundraising Activities (including fetes)
• Managing and Reporting School Incidents (including emergencies)
• OHS Consultation and Communication
• OHS Risk Management
• Personal Liability of School Employees
• Procurement – Schools
• Risk Management – Schools
• School Council – Overview
• Volunteers in Schools

Relevant legislation, compliance codes, standards

• Compliance code: Plant
• Education and Training Reform Act 2006 (Vic)
• Education and Training Reform Regulations 2017 (Vic)
• Fundraising Act 1998 (Vic)
• Occupational Health and Safety Act 2004 (Vic)
• Occupational Health and Safety Regulations 2017 (Vic)
• Equipment (Public Safety) Act 1994 (Vic)
• Equipment (Public Safety) Regulations 2017
• AS 3533.4.1:2018 – Amusement rides and devices, Part 4.1: Specific requirements – Land-borne inflatable devices
• AS 3533.1-2009 – Amusement rides and devices, Part 1: Design and construction

Procedure

This Amusement Rides, Attractions and Fireworks Procedure sets out the practical step-by-step instructions that must be followed to implement the Amusement Rides, Attractions and Fireworks Policy. This procedure must be implemented in consultation with the school’s health and safety representative/s (HSR), school staff and your health and safety committee or OHS working group (if established).

It contains the following steps:

1. Preparing and planning for the use and operation of amusement rides, attractions or fireworks
   1. Consultation
   2. Identifying risks and hazards
   3. Controlling the risks (including school council approvals, written agreements, supervision and parent consent and notification)
2. Hazard, incident and near-miss reporting
3. Monitoring and reviewing
4. Record keeping

1. Preparing and planning for the use and operation of amusement rides, attractions or fireworks

1.1 Consultation

When planning the use and safe operation of amusement rides, attractions or fireworks, the principal and/or their delegate, in consultation with health and safety representatives (HSRs), school council and school staff, must work with the chosen operator to plan safe set-up and operation of the ride, to identify risks to health and safety and eliminate those risks, so far as reasonably practicable.

The OHS Consultation and Communication Procedure contains further information and provides the practical, step-by-step instructions for implementing the OHS Consultation and Communication Policy.

You can contact the OHS Advisory Service and regional OHS support officers for assistance with this process.

1.2 Identifying risks and hazards

The use and operation of amusement rides, attractions and fireworks involves additional risk beyond that usually managed in the school environment and requires appropriate risk planning and management.

The principal and/or their delegate must:

• work with the chosen operator to identify and mitigate risks that may arise from the operation of the rides, attractions and fireworks, referring to the relevant WorkSafe Victoria advice and guidance (refer to links in the section below)
• ensure, where amusement rides, attractions or fireworks are being considered as part of a school fete or other school activity (such as a graduation event), the risk planning for the amusement rides, attraction or fireworks is undertaken separately, using this policy and procedure, and in addition to the more general risk planning for the fete or other school activity.

1.3 Controlling the risks

To manage the risks relating to amusement rides, attractions or fireworks, schools must:

• work with the operator to follow the relevant WorkSafe Victoria advice:
  • Amusement ride hire checklists
  • Land-borne inflatable amusement devices
  • Using fireworks
• document the actions taken to ensure the safe operation of the ride, attraction or fireworks activity.

Before using and operating amusement rides, attractions or fireworks, the school must ensure that the proposed operator has provided:

• a signed written agreement – refer to ‘Written agreements’ below
• the signed Contractor OHS induction checklist (DOCX) or equivalent template
• information about the safe use of the item
• information on the hazard identification, risk assessment and control of risks that have been carried out in relation to the design and manufacture of the plant within the control of the operator. Note: If it is not practicable for the operator to provide this information, then the operator must be able to ensure the risk arising from use is eliminated or reduced so far as is practicable and in line with any applicable industry standards
• records showing that inspections and maintenance have occurred on the item between hirings and leasings
• evidence that any of the operator’s employees or volunteers who will be attending the event have a valid Working with Children Clearance, and that the operator has a Child Safety and Wellbeing Policy, a Child Safety Code of Conduct and otherwise complies with the Child Safe Standards and with the school’s policies in relation to child safety
• evidence that staff have qualifications and/or experience for their specific role – for example, to operate fireworks, the provider must have a pyrotechnician licence
• current public liability insurance certificate (minimum $10 million) covering the ride or activity supplied, provided by an Australian Prudential Regulation Authority (APRA) approved insurer
• for fireworks only – evidence of notifying the relevant authorities (and seeking approval where required) for the conduct of fireworks displays. Licensed pyrotechnicians who intend to set off display fireworks, theatrical fireworks or Chinese firecrackers must give at least 7 days' notice to WorkSafe. The local council, shire and other relevant bodies such as the fire authority must also be notified by the pyrotechnician (refer to Using fireworks: WorkSafe Victoria)
• evidence of WorkSafe Victoria registration of design, where applicable. Certain amusement rides and attractions, such as most inflatable devices, require registration of design. Ask the operator if registration of design is required for the amusement ride or attraction they intend to operate
• for land-borne inflatable amusement devices, such as jumping castles – information about risk management processes in place for anchoring, monitoring wind speed, providing safe access and preventing unauthorised access, consistent with WorkSafe Victoria’s guidance on land-borne inflatable amusement devices
• for rides requiring patron restraints – evidence of the compliance of their equipment with ride patron control restraint systems and their risk control measures regarding patron restraint, procedures for screening patrons, and checking that patrons have been properly restrained before the amusement ride starts, consistent with WorkSafe Victoria’s information about effective patron restraint systems.

The above listed documentation is considered essential for the safe operation of amusement rides, attractions and fireworks and must be obtained before approval is sought from school council.

The principal and/or their delegate must ensure that local risk management strategies and policies are adhered to when planning events where third-party operators are engaged to operate amusement rides, attractions or fireworks.

School council approvals

Once the risk planning and management has been undertaken and approved by the school principal with the amusement ride, attraction or fireworks operator, the school council approves the engagement of the operation and the use of school land (for events being held on school site) to the extent that any contract or licence agreement with a third party is required.

For events being held on school sites, if the School council amusement services and equipment agreement template (DOCX) (staff login required) is used, approval for the use of school land is not required.

For events being held on non-school sites, school councils will need to approve any written agreements provided by the third-party operator and owner of the site. Principals or their delegates must contact the Commercial Law Unit at legal.services@education.vic.gov.au for advice regarding any written agreements provided in this scenario.

The school council should be provided with the risk management plan when it is asked to consider entering into the contract or agreement.

Written agreements

Prior to the use and operation of an amusement ride, attraction or fireworks, there must be a written agreement in place between the school council and the ride or firework operator, setting out the terms upon which the school council will permit the operator to come onto the premises (on school sites and non-school sites) and set up their equipment. Including terms regarding:

• indemnity and insurance requirements
• health and safety requirements
• details of the particular service to be provided
• the financial arrangements
• the roles and responsibilities of each party
• the child safety requirements.

For the purpose of engaging third-party operators on a school site, school councils are strongly encouraged to use the department’s School council amusement services and equipment agreement template (DOCX) (staff login required). If this template is not used, or if it is used but is modified, it is recommended that school councils submit the agreement to the Commercial Law Unit for review before it is signed via legal.services@education.vic.gov.au

When engaging third-party operators at a non-school site, schools must contact the Commercial Law Unit for advice regarding any written agreements provided by the third-party operator and owner of the site. Refer to the Contractors – Insurance and Contract Arrangements Policy.

Supervision of students

For activities involving amusement rides, attractions or fireworks conducted during school hours where the activity is limited to enrolled students only (as opposed to a fete where parents, carers and general members of the public may also attend), the principal and/or their delegate must ensure:

• the activities are under the direct control of a teacher employed by the department or the school council at all times, with at least one other staff member present (note: staff can include a range of adults including parent volunteers and specialist instructors)
• the activities have an adequate number of teachers employed by the department or school council, in accordance with the Supervision of Students Policy and local risk management strategies and policies
• any additional supervision requirements based on the level of risk of the activity and the needs of the participating students (for example, age, known or foreseeable behaviour concerns, disability) have been considered.

For activities involving amusement rides, attractions or fireworks outside school hours involving general members of the public or the broader school community (such as a school fete or school celebration involving parents), parents and carers are responsible for the care and supervision of students.

Parent consent

For non-public (as opposed to public events such as a fete where parents, carers and general members of the public may also attend) events on school sites that involve amusement rides, attractions or fireworks, schools must ensure that parents/carers are notified of the activity and written consent is obtained. Written consent differs according to the location of the event:

• For events held on school sites, use the Amusement rides, attractions and fireworks parent consent form (DOCX).
• For events held on non-school sites, use the parent consent form in the Excursions Policy.

Parents/carers must be provided with sufficient details of the event to enable them to make an informed decision, including details of the amusement attraction(s). Where obtained, the school must keep a record of the parent/carer consent.

A student may provide their own consent to participate, if they are considered to be a mature minor for the purpose of that decision in accordance with the Mature Minors and Decision Making Policy.

In all circumstances, parents/carers should be given the opportunity to update their child’s medical information.

2. Hazard, incident and near miss reporting

In the event of an emergency or critical incident, schools must follow their Emergency Management Plan and the department’s policy on Managing and Reporting School Incidents (including emergencies). Schools are encouraged to review their Emergency Management Plan to ensure it includes a response to an emergency or critical incident that may occur. Hazards, incidents and near misses involving amusement rides, attractions or fireworks must be reported in eduSafe Plus. eduSafe Plus can help with allocation of tasks and management of hazards.

It is likely that any incidents or near misses involving amusement rides, attractions or fireworks is a notifiable incident and must be reported to WorkSafe on 13 23 60. Further information on reporting incidents to WorkSafe is available on the Managing and Reporting School Incidents guidance chapter: Stage 2 – Reporting an incident.

3. Monitoring and reviewing

Schools must regularly review their processes for the implementation of the risk control measures listed in Chapter 1.3 Controlling the risks.

If an incident occurs, an investigation should be undertaken to determine the cause and prevent reoccurrence.

There is further information available on the types of incident investigations and how they are conducted in the Managing and Reporting School Incidents (including emergencies) Policy.

4. Record keeping

Documents related to this policy should be managed and retained in accordance with the Records Management – School Records Policy. Records include, but are not limited to:

• any information provided by the operator, including
  • information about the safe use of the item and on the hazard identification, risk assessment and control of risks carried out by the operator
  • inspection and maintenance records
  • public liability insurance certificate of currency
  • Working with Children Clearance information
  • evidence of qualifications and experience
  • approval for the conduct of a fireworks display
  • evidence of the design being registered with WorkSafe
  • any further evidence provided on the safety for specific rides
• parent/carer consent, where required
• supervision arrangements
• school’s risk management and planning documentation
• written agreements.

Resources

Templates and forms

• School council contract – School council amusement services and equipment agreement template (DOCX) (staff login required)
• Amusement rides, attractions and fireworks checklist (DOCX)
• Parent or carer consent form – amusement rides, attractions or fireworks (DOCX)

Useful websites

WorkSafe Victoria has developed a range of health and safety guides about managing events involving various types of amusement devices and fireworks, including:

• Amusement ride hire checklists, which include:
  • planning for safety
  • choosing rides safety checklist
  • electrical safety checklist
  • risk assessment and emergency response checklist
  • traffic management and crowd control checklist
  • safety for inflatables checklist
• Effective patron restraint systems for Cha Cha, Scrambler and Sizzler amusement rides
• Land-borne inflatable amusement devices
• Fireworks