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 Planning and 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