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peter faulkner
11-06-2004, 09:46
Can anyone advise on the legal and / or health and safety implications of a club paying towards the cost of instructors expenses when undertaking training.
Although an instructor is not paid to instruct, he will incur expenses in doing so, namely air fills, petrol, and most contentiously within our club, entrance fees to dive training sites such as Capernwray, Stoney etc.
To me its seems fair that the club makes at least a partial contributuion to these expenses, but some hold a view that in doing so contravenes some heath and saftey laws, or would implicate the club legally if there were any incident.
Can anybody please help? Thanks
To me its seems fair that the club makes at least a partial contributuion to these expenses, but some hold a view that in doing so contravenes some heath and saftey laws, or would implicate the club legally if there were any incident.
Their views are quite incorrect ( and strange ). There is nothing wrong with reimbursing expenses. If the person was to make a profit, then there would be issues in that the training would have to be fully HSE compliant, but expense reimbursement does not affect status. The only issue would be if your expense reimbursement policy exceeded the guidelines of the Inland Revenue; e.g. paying > than the allowed rate for car usage
Dave
David Walker
11-06-2004, 11:18
To me its seems fair that the club makes at least a partial contributuion to these expenses, but some hold a view that in doing so contravenes some heath and saftey laws, or would implicate the club legally if there were any incident.
More than fair - instuctors don't get paid, but they shouldn't be out of pocket for helping with training.
The link is to the guidelines BSAC Council Members etc follow for expenses, might help you to look at that to at least get some idea the sort of policies they have - doesn't mention entry fees but I don't see why you shouldn't pay that - if they wouldn't otherwise go then should pay the entry. Of course if say they're going to do one training dive and a couple of pleasure dives or something then the situation is a bit different and open to discretion (do you give them all, nothing, or part?).
David
edward haynes
11-06-2004, 14:31
Peter
Have a read of Section 3.3.3 of the Branch Officers Handbook especially the bit under "Could instruction in a Branch be considered commercial?".
Edward
Can anyone advise on the legal and / or health and safety implications of a club paying towards the cost of instructors expenses when undertaking training.
Can anybody please help? Thanks
steve parry
14-06-2004, 10:55
Always an interesting question, I think the logic needs breaking down.
1. As soon as you instruct outside of your club,
there is a structured method to claim instructor expenses
(ie; SDC/ITS instructing)
2. The best thing BS-AC could do is create/maintain an expense
claim form for use by CI's, OWI's, A.I's that can be used to
claim ligitimate expenses @ branch level. IMHO this is an area
BS-HQ have not adequtely addressed.
3. The club committee then decides how this money is recovered
from the trainees ie; graduated subs per grade where a member expects to be trained within branch/ from general club funds
or on the day or shortly afterwards pro-rata'ed to those trainees present at the event.
4. As yourself/ your club - what is the benefit of me a diver
and an instructor being a member of the club, if I have to pay
to instruct others ? Personaly I can get a spare
place on a hardboat via the net on most weekends and just go
diving. I'm not being negative- just saying that there has to
be a balance. I personaly enjoy instructing, but on my terms.
It is very easy for a club/ trainees to loose sight of the fact
that you the instructor are a volunteer.
5. If BS-AC HQ resolved this old chestnut once & for all, I
would suggest that the pool of willing and motivated instructors
@ club level would increase and the time/ cost pressure on the few dedicated die-hards would be lessened.
Conclsion.
There cannot be any onerous HSE/Legal implications for an
instructor @ branch level claiming expenses, provided the
instruction is carried out in accordance with BS-AC guidelines
and the expenses claimed are legitimate.
There are two actions that need to be completed:
1. HQ produce/maintain a claims form for branch instructor use that ensurues expenses claimed are genuine and not higher than
the inland revenue thresholds.
2. You the instructor follow best practice when instructing.
Regards
Steve Parry
OWI 3256
Can anyone advise on the legal and / or health and safety implications of a club paying towards the cost of instructors expenses when undertaking training.
Although an instructor is not paid to instruct, he will incur expenses in doing so, namely air fills, petrol, and most contentiously within our club, entrance fees to dive training sites such as Capernwray, Stoney etc.
To me its seems fair that the club makes at least a partial contributuion to these expenses, but some hold a view that in doing so contravenes some heath and saftey laws, or would implicate the club legally if there were any incident.
Can anybody please help? Thanks
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