Developing a Policies and Procedures Manual chapter 24 Facility Policies, Procedures, and Legal Issues Traci Statler, PhD, and Victor Brown, MS

Chapter Objectives Develop and clarify the goals and objectives of a strength and conditioning program Understand the daily operational practices of a strength and conditioning program and facility that help to achieve the goals and objectives Establish a standard of practice that leads to a safe and effective strength and conditioning program (continued)

Chapter Objectives (continued) Identify common areas of potential liability exposure and implement appropriate risk management strategies Create a policies and procedures manual for a strength and conditioning program and facility Properly schedule the strength and conditioning facility, along with formulating guidelines on seasonal planning and staff-to-athlete ratios

Key Terms policies: A facility’s rules and regulations; reflect the goals and objectives of the program. procedures: Describe how policies are met or carried out.

Mission Statement and Program Goals Suggested criteria for an effective mission statement (according to the Drucker Foundation) Is short and sharply focused Is clear and easy to understand Defines why the organization exists Does not prescribe means (continued)

Mission Statement and Program Goals (continued) Suggested criteria for an effective mission statement (according to the Drucker Foundation) (continued) Is broad in scope Provides direction for upholding code of ethics Addresses and matches the organization’s scope of practice Inspires commitment (continued)

Mission Statement and Program Goals (continued) Example of a mission statement of a strength and conditioning program: “To provide to athletes the means by which they can train consistently, sensibly, and systematically over designated periods of time in a safe, clean, and professional environment to help prevent injury and improve athletic performance.”

Key Point A mission statement is an organization’s statement of purpose, providing the strength and conditioning program with focus and direction.

Program Objectives Sample list of objectives to reach program goals: Design and administer strength, flexibility, aerobic, plyometric, and other training programs that reduce the likelihood of injuries and improve athletic performance. Develop training programs based on biomechanical and physiological differences among individual athletes, taking into consideration their ages, sex, training status, physical limitations, and injury status. (continued)

Program Objectives (continued) Sample list of objectives to reach program goals: Recognize acute and chronic physiological responses and adaptations and their implications for the design of sport-specific training programs. Educate athletes on the importance of good nutrition and sleep and their role in health and performance. Educate athletes about the effects of performance-enhancing substances and their abuse, relevant school policy, and legislation.

Strength and Conditioning Performance Team Job responsibilities vary according to the institution. Consult the Strength and Conditioning Professionals Standards and Guidelines manual when developing the strength and conditioning performance team. (continued)

Strength and Conditioning Performance Team (continued) Director of strength and conditioning (head strength and conditioning coach) Responsibilities Overall strength and conditioning program Facility Equipment Staff Administrative tasks such as preparing a budget, purchasing equipment, preparing proposals, and working with administration and media (continued)

Strength and Conditioning Performance Team (continued) Points of preparedness required of each member of the strength and conditioning staff 1. Maintenance of professional certification 2. Maintenance of certification in standard first aid, CPR, and AED 3. Review of emergency response procedures 4. Knowledge and understanding of program policies and procedures (continued)

Strength and Conditioning Performance Team (continued) Points of preparedness required of each member of the strength and conditioning staff (continued) 5. Knowledge and understanding of governing body rules and regulations 6. Knowledge and understanding of cleaning and maintenance issues and needs 7. Knowledge and understanding of program philosophy and instruction methods

Legal and Ethical Issues Common legal terminology Informed consent—The process by which a procedure or activity is described to a participant, with an explanation of inherent risks and benefits involved, allowing the individual to determine if he or she desires to participate. Liability—A legal responsibility, duty, or obligation. By virtue of their employment, strength and conditioning professionals have a duty to the athletes they serve, not only to act when an injury occurs but also to prevent injury. (continued)

Legal and Ethical Issues (continued) Common legal terminology Standard of care—What a reasonable and prudent person would do under similar circumstances Negligence—Failure to act as a reasonable and prudent person would under similar circumstances Assumption of risk—Knowing that an inherent risk exists with participation in an activity and voluntarily deciding to participate anyway (continued)

Legal and Ethical Issues (continued) Preparticipation screening and medical clearance Standard 1.1 “requires participants to undergo health care provider screening and clearance prior to participation.” The strength and conditioning professional does not need an actual copy of the physical examination but should require a signed statement to show proof of medical clearance to participate. (continued)

Legal and Ethical Issues (continued) Individuals allowed to use the strength and conditioning facility at an institution Full- or part-time student-athletes participating in an athletic department–sponsored sport Newly incoming and just-transferred student-athletes who have confirmation of team status as designated by the head sport coach Students in physical education classes Athletic department coaching and administrative staff (continued)

Legal and Ethical Issues (continued) Individuals allowed to use the strength and conditioning facility at an institution (continued) Sports medicine department staff Alumni athletes who participated in an athletic department–sponsored sport and completed their eligibility Individuals and groups approved by the athletic director or director of strength and conditioning (continued)

Legal and Ethical Issues (continued) All participants must sign a liability waiver, which should be modified as needed to comply with local and national laws. Reducing liability for on-premise injuries during use of the facility is critical in any risk management strategy.

Legal and Ethical Issues Record keeping Records that should be kept on file Cleaning and maintenance Safety procedures Manufacturer’s warranties and guidelines Assumption-of-risk or other informed consent forms Medical waivers and clearance forms Personnel credentials Professional guidelines and recommendations Injury report forms (continued)

Legal and Ethical Issues (continued) Liability insurance A contractual promise by which the insurer promises to defend and indemnify the insured, up to the defined limits of liability, from certain defined liability risks at the insurer’s cost in exchange for payment of a premium. Strength and conditioning professionals should consult Their human resource manager A legal consultant Professional organization (e.g., NSCA) (continued)

Legal and Ethical Issues (continued) Product liability Use equipment only for the purpose intended by the manufacturer. Be certain that equipment meets existing professional standards and guidelines. Buy only from reputable manufacturers. Do not modify equipment unless such adaptations are clearly designated and instructions for doing so are included in the product information.

Legal and Ethical Issues (continued) Product liability Apply all warning labels that accompany a new equipment purchase. Continually inspect equipment for damage and wear that may place an athlete at risk for injury. Do not allow unsupervised athletes to use equipment. (continued)

Legal and Ethical Issues (continued) Discipline Example of a tiered penalty system applied to a repeated violation First offense: a verbal warning by a staff member, an explanation of the nature and importance of the rule or guideline that was broken Second offense: dismissal from the facility for one day, documentation of the offense by the staff member, correspondence with the athlete’s sport coach (continued)

Legal and Ethical Issues (continued) Discipline Third offense: dismissal from the facility for one week, documentation of the offense by the staff member, correspondence with the athlete’s sport coach Fourth offense: dismissal from the facility for the remainder of the year, documentation of the offense by the staff member, correspondence with the athlete’s sport coach and the athletic director Fifth offense: permanent dismissal from the facility, documentation of the offense by the staff member, correspondence with the athlete’s sport coach and the athletic director (continued)

Legal and Ethical Issues (continued) Supplements, ergogenic aids, and banned substances Standard 9.1 in Strength and Conditioning Professional Standards and Guidelines “Strength and Conditioning professionals must not prescribe, recommend or provide drugs, controlled substances or supplements that are illegal, prohibited or harmful to participants for any purpose including enhancing athletic performance, conditioning or physique. . . .”

Staff Policies and Activities Reporting and documentation Additional records that should be developed and maintained Personnel credentials Professional standards and guidelines Policies and procedures for operation and safety (written emergency plan) Equipment user manuals provided by the manufacturer Equipment and facility maintenance (continued)

Staff Policies and Activities (continued) Reporting and documentation Preparticipation medical clearance Return-to-participation clearance Protective legal documents such as informed consent, waiver of claim, personal contract Training logs, evaluation entries, instruction notes Participants should complete and sign such legal documents at the annual orientation meeting (continued)

Staff Policies and Activities (continued) Code of ethics and professionalism Strength and conditioning professionals should become familiar with NSCA Code of Ethics Their institution’s code of ethics and student-athlete code of conduct Athlete welfare is generally the primary focus. (continued)

Staff Policies and Activities (continued) Instruction and supervision Principles of supervision Always be there. Be active and hands on. Be prudent, careful, and prepared. Be qualified. Be vigilant. Inform participants of safety and emergency procedures. Know participants’ health status. Monitor and enforce rules and regulations. Monitor and scrutinize the environment.

Key Point The risk of injury cannot be totally eliminated but can be effectively managed by the strength and conditioning professional.

Staff Policies and Activities Program design The director of strength and conditioning should oversee and monitor all performance training programs, including reconditioning. A copy of all programs designed by staff (i.e., the list of exercises to be performed) should be reviewed and on file in the director’s office before a team begins their program. (continued)

Staff Policies and Activities (continued) Workout sheet (workout card) The process of generating a workout sheet is different for each strength and conditioning program. Strength and conditioning activities should be prearranged; athletes must have an approved workout sheet when training.

Facility Administration A list of rules and policies should be posted in the training area where it can be easily seen.

Emergency Planning and Response Components of an emergency action plan EMS activation procedures Names and telephone numbers of primary, secondary, and tertiary individuals to contact Specific address of the strength and conditioning facility Locations of the telephones Locations of nearest exits (continued)

Emergency Planning and Response (continued) Components of an emergency action plan Designated personnel qualified to care for injuries (i.e., sports medicine staff) Ambulance access Location of emergency supplies and first aid kit Plan of action in case of fire, tornado, life-threatening injury, crime, terrorism, and so forth (continued)

Emergency Planning and Response (continued) Emergency personnel The strength and conditioning practitioner (and any personnel associated with practices and skill instruction) should acquire and maintain emergency first response certifications. Standard first aid CPR AED (continued)

Emergency Planning and Response (continued) Emergency communication Establish a direct line of communication and formulate a backup plan. Emergency equipment Emergency equipment should be readily available in an emergency situation. (continued)

Emergency Planning and Response (continued) Roles within the emergency team Provide immediate care of the athletes, as time is the most critical factor in emergency situations. Emergency equipment retrieval; users of the facility should be made aware of the types and locations of emergency equipment before participation. (continued)

Emergency Planning and Response (continued) Roles within the emergency team (continued) Activation of the emergency medical system (EMS); establish a method for a direct line of communication in cases in which emergency transportation is not already on-site. The individual making the call should have been familiarized with the facility location during the orientation meeting.

Table 24.2