Unit 3: Assessing Risk in Sport BTEC Level 3 Sport Unit 3: Assessing Risk in Sport Tutor: Gillian Lodge
Learning Outcomes… Describe the legal factors that influence health and safety in sport Describe the regulatory bodies that influence health and safety in sport
Aim higher… Compare and contrast the influence of legislative, legal factors and regulatory bodies on health and safety in sport
Legislative Factors Legislative factors relate to making or enforcing the law Due to the hazards and risks associated with sport there are a number of pieces of legislation impact UK sport Q Can you think of any legislation that affects job in sport?
Legal Factors Law (statutory, civil law, case law) In loco parentis Duty of care Higher duty of care Negligence
Provide examples of this legal factor influencing jobs in sport 1. Statutory Law Regulations brought into place by government Constantly reviewed and updated To regulate behaviour of organisations and individuals Enforced by police Anybody that is in breach of these could face fines or imprisonment Provide examples of this legal factor influencing jobs in sport
Boxing promoters have to have a licence or organise fights 1. Statutory Law Lyme Bay kayaking tragedy - owner of activity centre and centre itself convicted of corporate manslaughter for death of four pupils Boxing promoters have to have a licence or organise fights
Provide examples of this legal factor influencing jobs in sport 1. Civil Law Non criminal disputes Seeking compensation against another person(s) for damages Craige Miles Ben Flower video Ben Flower article Provide examples of this legal factor influencing jobs in sport
1. Case Law Similar case previously occurred which results in person/persons being prosecuted/sued in similar way to the previous case/s For example in 1980 a pupil used an unattended trampoline in an unlocked sports hall, fell off it and became paralysed. Civil actions requested a civil law be created here so that accidents like these never happen again – now trampolines cannot be left unattended
Provide examples of this legal factor influencing jobs in sport 2. In loco parentis When a parent / carer sends a child to college, they delegate their authority to the tutor The tutor is therefore responsible for the students health and safety is said to act in loco parentis Tutors could be liable for negligence if a student suffers injury as a consequence of their carelessness or failure to act Provide examples of this legal factor influencing jobs in sport
This is based on common sense, reason and foresight 3. Duty of care Everyone has a duty of care for the health and safety of others e.g. owners, staff, officials, participants This is based on common sense, reason and foresight You have a duty of care when it is reasonably foreseeable that your actions may cause harm This is breached when the standard of care falls short of the accepted standard Provide examples of this legal factor influencing jobs in sport
There is a higher duty of care owed to children and young people This is even greater when working with those with learning difficulties or medical conditions that make them more vulnerable Provide examples of this legislation influencing jobs in sport
Provide examples of this legislation influencing jobs in sport 5. Negligence A term used in civil law when breaches in health and safety have occurred, resulting in injury or harm Negligence claims are closely related to duty of care – injury has been caused by a breach in duty of care There may be negligence in sport, if an incident occurs outside of the NGB rules and playing culture Provide examples of this legislation influencing jobs in sport