Risk Management For The Sport Administrator

EXAMPLES OF RISKS Organization is sued when a rugby scrum collapses, plaintiff alleges mismatching of players Coach, club and arena are sued for failing to ensure a safe skating surface Instructor is sued for failing to follow proper progression in instruction Member of club complains of harassment and abuse by a coach Player challenges selection decisions made by a committee Hockey player injured by an illegal check sues coaches and officials for failing to enforce the rules

Why Manage Risk? Reduce injuries to participants Improve your defense against litigation Reduce insurance costs/meet requirements of insurers Meet requirements of funding agencies Protect volunteers Improve customer service and public image Help you to govern more effectively Reduction in injuries means fewer claims and court actions Most importantly---Safer programming

What is Risk Management? Process by which an organization identifies, assesses, controls and eliminates or minimizes the risk of bodily injury or financial loss arising from it’s activities

What is Risk Management? Proactive approach to reducing the risk of injuries

Steps to Control Risk Step 1: Risk Categories What are the major risk categories involved? Example: People Facilities Equipment

Steps to Control Risk Step 2: Areas of Risk For each risk category who/what might be affected? Risk Category: Equipment Protective Equipment, Emergency Equipment, Footwear

Steps to Control Risk Step 3: Risk Components What risk components should be examined? People: Participants, Staff, Parent Facilities/Equipment: Inspection, Maintenance

Steps to Control Risk Step 4: Identification of Risks For each risk component how are the specific risks identified? (audit questions) People: Participants, Staff, Parents: Facilities and Equipment: Checklists

Steps to Control Risk Step 5: Action Plans According to the risks identified what action plans need to be implemented to minimize or eliminate these risks? Example: - Develop a waiver form Restrict Height/Age

Insurance Comprehensive general liability insurance provides broad coverage for liability to other persons (personal injuries or property damage caused to other persons) Other Insurance Accident Insurance/Worker’s Compensation Property Insurance Automobile Insurance

"Insurance is not a substitute for good risk management"

Types of Risk in Sport PHYSICAL RISK The risks, dangers and hazards that are inherent in the sport activity. These risks are unavoidable, reasonable and in many cases, desirable LEGAL RISK The risk that the organizers & participants of the sport activity will behave negligently. This risk is not inherent in the sport, nor is it desirable, reasonable or acceptable

Waivers Definition: A written contract where the participant accepts the legal risks of negligence which allows them to participate in an activity. Purpose: limits the liability of a company due to risks in an activity helps participants to make an educated decision on participating with respect to minors, informs parents of involvement

WAIVERS - 3 ESSENTIALS Description of risks you are asking participant to accept - including both physical risks of the sport & legal risk of your negligence Participant’s “release” or “waiver” of liability - the backbone of the waiver is the participant’s knowing relinquishment of their right to sue you Participant’s acknowledgement - that they have understood the terms of the waiver - and are signing it voluntarily

Waivers Cont’d What Type of Events should Utilize a Waiver? Training, pre-event activities, events, travel, post-event, Repeating Events (i.e.. season)

Waivers Cont’d The Effective Waiver Simple, concise wording include all risks and those involved ensure participants actually read and understand the terms/Risks Involved no outside pressure to sign signed before participation in the activity signed in person and with a witness no alcohol around always check proof of age if unsure stored safely and for a long time

Waivers Cont’d Minors informed consent form neither parents nor minors can sign their rights away way of informing parents of risk not a contract but can be upheld in courts with high risk activities

Waivers Cont’d When Waivers Work as a Defense written and used properly and specific to the activity signed voluntarily, prior to event used with a negligent claim and uses the word “negligence” clearly written evident it was actually read and understood

Waivers Cont’d When Waivers do not Work as a Defense not written/implemented properly (unclear, overly technical, ambiguous) signing under pressure to participate no mention of the word “negligence” does not properly warn of the risks involved not being aware that what is actually being signed is a waiver

In consideration of DPI furnishing services and /or equipment to enable me to participate in paintball games, I agree as follows:    I fully understand and acknowledge that; (a) risks and dangers exist in my use of Paintball equipment and my participation in Paintball activities; (b) my participation in such activities and/or use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of DPI; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of DPI, or by any other person.    I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify DPI and it's owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Paintball equipment or my participation in Paintball activities, I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of DPI. This waiver is good till 03/01/06. MEDICAL PERMISSION AUTHORIZATION    If the participant is of minority age, the undersigned parent or guardian hereby gives permission for DPI to authorize emergency medical treatment as may be deemed necessary for the child named below while participating in paintball games from this date through 03/01/06 I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE DPI FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. Print Name Age Date of Birth Phone Signature Address City, State, Zip Signature of Parent/Guardian (if less than 18 yrs old) WITNESS: DATE:

The Emergency Action Plan “A predetermined plan to deal with an emergency in an organized and efficient manner” Implementing Emergency Action Plan: Designing the plan/ Pre-planning duties Assigning the personnel Practicing the plan

1. Designing EAP/ Pre-planning duties CPR/First Aid training Pre-season screening of all athletes Medical information cards Establish emergency vehicle routes Determine closest phone Post an emergency card next to the nearest phone Prepare incident/accident report forms Know locations of emergency equipment First aid kit Pre-event safety checks

2. Assigning the Personnel Before the event, assign a… Charge Person - person with highest level of training be responsible for the well-being of the injured person until medical help arrives Call Person - person who is accessible and present throughout the event know where phones, make emerg. Call, know emerg. Routes Control Person - person who is accessible and present throughout the event to control crowd, relay messages, assist charge

3. Practice the Plan Before the event run through the plan, executing in a scenario applicable to likely risk occurrences for your event/organization.

Medical Information Cards medical history and any present conditions medical clearance necessary medical information cards: -name and contact information -emergency contact -family doctor -any conditions (asthma, allergies, etc) -health card number

Incident & Accident Report Forms What is the difference between an Incident Report and an Accident Report? Incident – includes any happening (i.e. Fire Alarm) Accident – Documentation of Injuries Why are they important? follow up for a specific injury company policy as to what information will be given may determine patterns of injury documentation of what happened in the event of legal litigation signed by witness Helps to guide future policy and action