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Legal Quadrivium XXII The Keys to Better Risk Management: Document
Legal Quadrivium XXII The Keys to Better Risk Management: Document! Document! Document! Neil Dougherty, Professor Department of Exercise Science and Sport Studies Rutgers University New Brunswick, NJ
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Risk Management Myth Avoid written policies and procedures. Too often they are used against you in court. 2
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Risk Management Myth Written planning may be important for the rookies, but those of us with more experience can better use our time in other ways. 3
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The Process of Discovery
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The Process of Discovery
Requests for Admissions 5
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The Process of Discovery
Requests for Admissions Interrogatories 6
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The Process of Discovery
Requests for Admissions Interrogatories Depositions 7
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The Process of Discovery
Requests for Admissions Interrogatories Depositions Demand for Production 8
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Demand for Production Incident Reports 9
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Initial Incident Report Data
Name(s) of affected persons. Date time and nature of incident/injury. Description of incident Exact location nature and description of the incident. Sequence of activities or events preceding the incident. Any additional pertinent facts or utterances.
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Initial Incident Report Data
Actions of staff Who did what? First aid/emergency treatment rendered? Witnesses Names and contact information Append written statements if appropriate Follow-up
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Demand for Production Incident Reports
Participation Agreements/Waivers 12
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Demand for Production Incident Reports
Participation Agreements/Waivers Lesson Plans/Curriculum Guides 13
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Demand for Production Incident Reports
Participation Agreements/Waivers Lesson Plans/Curriculum Guides Attendance Records 14
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Demand for Production Incident Reports
Participation Agreements/Waivers Lesson Plans/Curriculum Guides Attendance Records Testing/Screening Results 15
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Demand for Production Policies and Procedures 16
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Common Policy Topics Staffing policies
Personnel needs Job requirements Duties Use of volunteers In-service training Evaluation Return to activity after injury or illness 17
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Common Policy Topics Facility safety inspection policies
When and by whom What will be inspected Documentation Reporting Remediation Follow-up Postponement/cancellation policies What will cause postponement/cancellation Decision making authority Timelines Notification of all concerned 18
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Demand for Production Policies and Procedures Maintenance Records 19
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Demand for Production Policies and Procedures Maintenance Records
Posted Warnings/rules etc. 20
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Demand for Production Policies and Procedures Maintenance Records
Posted Warnings/rules etc. Emergency Action Plans 21
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Emergency Plan Topics Fire Injury, life threatening
Injury, non-life threatening Injury, with blood AED Intoxicated person Fight Demonstration/Disruption
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Emergency Plan Topics Fatality Power loss Security breach
Structural problem Suspicious person Client confrontation Lightning/inclement weather Bomb threat
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