“Not All Fun & Games”: Health and Safety at the Funfair

A funfair operator and independent engineer have been prosecuted for health and safety failings under the Health and Safety at Work (Northern Ireland) Order 1978.

On 24 July 2021, there was an incident at ‘Planet Fun’ in Carrickfergus whereby the ‘Starflyer’ suspended chair ride malfunctioned. Some of the chairs swung out and impacted against the fence and display signs surrounding the ride, injuring several children and adults.

On 14 February 2025, Global Events and Attractions Ltd were fined a total of £30,000 after pleading guilty to breach of their duty to ensure the health, safety and welfare of both employees and non-employees under the 1978 Order.

Additionally, Jeff Johnson trading as Health, Safety & Accident Investigation Services received a suspended custodial sentence for breach of his duty as a self-employed person to ensure others are not exposed to risks to their health and safety. Mr Johnson had issued a safety inspection certificate prior to the incident. However, it was later discovered that he did not have any supporting safety documentation. He also failed to conduct an adequate inspection of the electrical components of the attraction which were later found to be faulty.

Who is responsible?

The Health and Safety at Work (Northern Ireland) Order 1978 and associated health and safety regulations places duties on a wide range of people according to their roles, including:

• Designers, manufacturers, importers, and suppliers

Attractions must be safe for use when first supplied. Designers and manufacturers are responsible for providing appropriate information to customers to allow safe use.

• Organisers

Organisers have overall control of the fairground or amusement park and are responsible for safe layout & emergency procedures.

• Controllers

Controllers own or have control of an attraction and have a duty to operate and maintain it in a safe condition.

• Operators

Operators are in immediate charge of an attraction and have a duty to operate it safely.

• Attendants

Attendants assist with operating an attraction, have a duty to take reasonable care of their own and others’ safety and to follow instructions.

• Inspection Bodies

Inspection Bodies provide inspection and testing services for fairground equipment. It must be established that the inspector is competent to perform the type of testing and services required.

Dutyholders must take all ‘reasonably practicable’ steps and precautions to manage risks. This can be particularly difficult in a fairground setting where people’s behaviour can be affected by fear, bravado, or peer pressure. Dutyholders must be vigilant to ‘foreseeable misuse’ of fairground equipment such as passengers deliberately failing to observe safety instructions, trying to exit the device before it stops moving, or using phones or cameras on rollercoasters.

The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 requires employers to put in place arrangements to control health and safety risks. As a minimum you must:

• Have a written Health and Safety Policy.
• Conduct a suitable and sufficient assessment of the risks to employees, contractors, and customers.
• Have in place arrangements to monitor and review any preventative or protective measures that arise from your risk assessment.
• Provide employees with information about risks.
• Provide instruction and training for employees on how to control risks.
• Ensure appropriate supervision is in place.
• Consult with employees about risks at work.

If you would like any further information or advice relating to health and safety law, please contact Eilis Maguire or another member of the Health & Safety team at Carson McDowell LLP.

*This document does not constitute legal advice and should not be relied upon as a substitute for legal advice that is tailored to your individual circumstances.