Very frequently 'the HSE' is used to explain or excuse the state of rapids rides in the UK, but looking through the published documents this is not really supported by the reality of the actual guidance. There are two different published things that I think sometimes get confused.
First, during the coroners inquest into the Drayton fatality, the coroner themselves issued a notice to all opporators of similar attractions. This is a fairly common practice in coroners court, where involved parties and others are instructed or invited to demonstrate what has been implemented after an event to prevent reoccurrence or seek best practice from alternative practitioners.
Date of report: 13 November 2019 Ref: 2019-0368 Deceased name: Evha Jannath Coroners name: Margaret Jones Coroners Area: Staffordshire (South) Category: Other related deaths This report is being sent to: Merlin Entertainment Limited; Drayton Manor Theme Park
www.judiciary.uk
This is not in itself instruction, but notification to an industry that something is being scrutinised, and admittedly it would be foolish recipient not to listen to a coroner who is certainly empowered to comment on industry wide or individual opporators risk management in their findings, so something of a kneejerk reaction is understandable.
While this is not from the HSE, it did quote earlier HSE guidance from 2017, and included the often quoted ...
Being from earlier guidance this would have been nothing new for opporators who had been running the rides in the previous wetter rougher incarnations and considering themselves compliant. It clearly led to a new, far stricter, interpretation of the guidance.
Then, sometime after the coroners case concluded, in Dec '21 the HSE used the findings from that case alongside other reported near misses and incidents from the UK and around the world to update their guidance. This is where there is some divergence from old guidance and actually far more scope for opporators to reinstate water features while remaining compliant with the guidance.
This guidance is aimed at controllers of river rapid rides and amusement park owners and will help them operate river rapid rides safely.
www.hse.gov.uk
Perhaps surprisingly, gone is any specific mention of water features and the resulting adoption of unsafe riding position. The closest we now get is this short passage...
The guidance itself places far greater emphasis on rider instruction, ride monitoring, rescue plans, and design/maintainance based issues that could lead to capsizing. It also notes the risk of falling into, rather than out of, the boat exists but leads to a far lesser risk of serious injury or death. This part of the guidance makes me laugh while Tagadas exist!!
With the action already taken to fill in the gaps around the seating the risk of ejection should be considered miniscule without extreme guest misbehaviour. With the signage, monitoring and rescue plan we already know are implemented, that pretty much is the guidance covered. Maybe some padding in the boat would help mitigate against the lesser risks associated with falls within the boat.
I'm confident the guidance could easily be interpreted to allow for the reinstatement of many of the water features if the desire is there from the park. I don't think it is in the HSEs Court at all.