Managing Risks Chapter 11 HPR 323

WHAT IS RISK? Risk involves the ideas of probability and loss. - Probability infers the possibility that something might occur. - Loss includes: loss of life, lose of resources, and/or loss of reputation. Risk is inherent in any sport or recreation program Responsibility of the leader to minimize risks of any foreseeable hazards in the activity or environment No glasses playing handball ---playground equipment with broken parts All definitions of risk contain “probability” and “loss” Probability = possibility that something might occur Loss = life, financial loss to agency if sued, loss of reputation to agency 2 types of risk – inherent and negligent

Two Types of Risk Inherent Risk Negligent Behavior Risk that are part of the activity. There is no liability for injury that occurs due to inherent risks of which the injured participant is knowledgeable or should be knowledgeable Negligent Behavior Conduct that is not in accord with the standard of care that a prudent professional should give. It results in the participant being subjected to “unreasonable risk”. Inherent risk – the participant assumes the risk Rec Leaders must help participants understand the inherent risk to reduce possibility of injury – Canoeing example Negligent Behavior – ie. Leaving life vests on the shore when canoeing It should be mandatory to develop a risk mgmt plan for every aspect of the program Managing risk for financial reasons and for consideration of the well being of the participants and staff Manage risk for legal liability

Legal Liability A duty was owed. Three types of relationships: 1) inherent, 2) voluntary, and 3) based on statutes. The duty was breached. Proximate cause. Because of A, B resulted. The physical or emotional injury was of a nature serious enough to warrant the recovery of funds. Tort is the type of liability most related to leisure programs Tort = a wrongdoing against a person who suffers damages Intentional tort – fraud, assault, slander, misrepresentation, etc) Unintentional Tort – those where one did not intend to injure an individual but an injury did occur May be caused by omission (something one did not do) or commission (something one did do) The wrongdoer may have to pay damages if injury or injury or damage occurred Negligence law is primarily a state law so varies state to state Duty is based on relationship between service provider and participant – Safe environment and competent leadership under normal conditions Voluntary – no relationship – voluntary first aid – duty to provide an appropriate standard of care Relationship based on statutes – ie. Employment, supervisory requirements, rendering 1st aid in specified situations = “Duty to be proactive in protecting one when risk is foreseeable by a prudent professional” Duty breached – Failure to perform the duty – Plaintiff must show leader did not follow standards of care – commission or omission Proximate cause – of the injury

Activities don’t cause accidents. People do. Wrong place, wrong time, wrong equipment or facilities, wrong decisions People seek challenges Test skills, new challenges, new adventures Positive stress – Eustress Self-imposed and has positive effect Relieves boredom & increases joy of living Can turn into negative stress, even death Students don’t have this slide

Standard of Care The professional standard of care does not vary based on the qualifications of the person in charge, whether experienced, older, or certified. If one accepts responsibility for giving leadership to an activity or providing a service, one’s performance is measured against the standard of care of a qualified professional for that situation (Betty van der Smissen) Competence – Becoming a Leader means declaring competence Court of law defines competence as equated with that of a reasonable and prudent professional utilizing the best and most current professional practices Set forth by statute, ordinance, or regulation; by organizations or agencies; or by the profession Read slide above…..

Defining Standard of Care Nature of the Activity Types of Participants Environmental Conditions - Natural Hazards - Man-Made Elements - Layout and Design Nature of the activity – be aware of skills and abilities needed to be successful and be able to teach them in logical progression Types of Participants – Be able to modify plans to meet age, size, skill, experience, maturity (chronological and knowledge maturity) Teach people ---not activities Environmental Conditions – Physical area – natural and manmade and layout of design Natural hazards – inherent in the environment – rocks, drop-offs in lakes, poisonous plants, high tide, low rivers could be found on field trip Manmade Elements – Indoor facilities such as windows, exits, light switches, fire extinguishers, loose or weak boards, electrical cords Layout and design – stairs, emergency exits, lights, windows, source of emergency help, planning emergency routes – Use and Exit Risk Mgmt Plan made by administration with input from the face-to-face leaders Identify risks and practice risk reduction in relation to 1.) supervision 2.) Participants 3.) Setting

Supervision Supervision – Broad term - Denotes responsibility for an area and the activities that take place in the area Coordinating, directing, overseeing, implementing, managing, superintending, and regulating Prevent unreasonable risk of harm Written Supervisory Plan above ****** 1.)What type of supervision is needed 2.)Ratio of supervisors to participants in a given activity 3.)Responsibility of supervisors within the environment 4.)Qualifications of the Leader 5.) emergency responses 6.)Crises mgmt

Types of Supervision General supervision is overseeing individuals or groups involved in an activity and does not require constant, unremitting scrutiny of the activity or facility. Specific supervision is constant and continuous. Transitional supervision changes from general to specific dependent on the situation and participants.

Responsibilities for Supervisors in the Environment Arrival/departure procedures Awareness of physical and individual dangers in the environment Danger to the participant as a result of engaging in the activity (fear, fatigue, heat, chilling air, unsafe practices, etc.)/ Observation of the Activity Movement through the area Discipline

Identifying Risks associated with Participants and Setting - Communication at the level and in the language of participant. - Matching skills and abilities SETTING - Conducting Activity - Duty to warn - Coercion - Dangerous Activities and conditions - Violation of rules - Safety equipment - Physical Environment Conducting Activity includes instruction, orientation, safety rules, basic procedures, use of equipment Duty to warn about dangers Coercion – something they feel unable to do physically or psychologically (double dare) Dangerous activities and conditions – 8 y/o vs. 15 y/o – Violation of rules – Rules were made for safety – make an activity more safe and not less safe Safety Equipment – don’t suggest use…demand it Physical environment - Inspect the area often. Fix hazards

Risk Reduction Training Matching Participants Maintenance of Facilities and Equipment

Waivers A waiver is an agreement by which the participant of an activity agrees to absolve an agency from liability for injury or damage suffered by the participant as a result of negligence of the leisure, recreation, or park professional Protects an agency from ordinary negligence

Agreement to Participate Used to inform participants of: The nature of the activity The risks to be encountered through participation in the activity The behaviors of expected of the participants