1. Risk Management

2. The Importance of Risk Management

3. “All activities have risk… safe does not mean the absence of risk.” - US Supreme Court

6. Safeguard your students from harm

7. Safeguarding Your Students?

9. List 5 examples of negligence in this situation

10. To avoid being found negligent Provide duty of care Provide duty of care Manage risks Manage risks Reduce the likelihood of accidents Reduce the likelihood of accidents

11. What is Risk Management? Acknowledging the possibility that future events may cause harm, injury or damage Acknowledging the possibility that future events may cause harm, injury or damage Indentifying what those risks are Indentifying what those risks are Eliminating or minimizing those risks Eliminating or minimizing those risks

12. Goals of Risk Management Recognize potentially problematic situations Recognize potentially problematic situations Reduce the number of accidents Reduce the number of accidents Be prepared for contingencies Be prepared for contingencies Monitor and adjust as situations change Monitor and adjust as situations change

13. 4 Steps for Managing Risks

14. Step 1: Risk Identification

15. Step 2: Risk Evaluation Prioritize Prioritize Eliminate / reduce Eliminate / reduce

16. Step 3: Risk Resolution

17. Step 4: Risk Control Emergency Action Plan (EAP)

18. Emergency Action Plan Know: whom to call whom to call the phone numbers to call the phone numbers to call the address of the facility the address of the facility the docks and marina the docks and marina students’ medical information students’ medical information

19. 3 terms to be familiar with Duty of Care NegligenceLiability

20. To do something a reasonably careful person would do in a similar situation OR To not do what a reasonably careful person would not do

21. Duty of Care Instructors have a Duty of Care to their students Instructors have a Duty of Care to their students Your students are your #1 priority Your students are your #1 priority

22. Duty of Care Don’t Exceed your Training

23. A Few Thoughts on “Duty of Care”

24. You are the leader, the decision maker for the entire group

25. Sir Ernest Shackleton

26. You will never regret an error on the side of caution. You will forever regret an error of omission.

29. Only push your students, equipment, the environment, and yourself as far as you know they can go

32. Plan and Practice for Crises

33. Plan

34. Practice BoatUS photo

35. Negligence Failure to do something a reasonably careful person would do OR Not doing something a reasonably careful person would do

36. To the Left or to the Right?

37. Negligence Failure in “duty of care” Failure in “duty of care” The negligence of the person in charge must be cause of the injury The negligence of the person in charge must be cause of the injury

38. Liability =

39. Failure in “Duty of Care” Negligence Liability

40. There are Many Types of Harassment

41. Harassment Sexual Sexual Sexual orientation Sexual orientation Gender Gender Ethnic origin Ethnic origin Disability Disability Age Age Environmental Environmental

42. As an instructor, you are vulnerable to charges of harassment or abuse

43. Instructors Must Be aware of what is appropriate interaction with a student Be aware of what is appropriate interaction with a student Learn how to safely and responsibly interact with students Learn how to safely and responsibly interact with students Learn to protect themselves against misinterpretations Learn to protect themselves against misinterpretations

44. Inappropriate Touch

45. Appropriate Touch

46. Avoid isolated situations Avoid isolated situations Don’t initiate physical contact Don’t initiate physical contact Play it safe Play it safe Use good judgment Use good judgment

47. Protecting Yourself Have an established action plan Have an established action plan Good record keeping Good record keeping Employer insurance - ask to see it Employer insurance - ask to see it Personal insurance Personal insurance US SAILING Instructor insurance US SAILING Instructor insurance

48. US SAILING Instructor Insurance $10,000,000 limit per occurrence $10,000,000 limit per occurrence Your employer must have primary coverage Your employer must have primary coverage Instructor certification must be current – renew every three years Instructor certification must be current – renew every three years Current membership, First Aid and CPR Current membership, First Aid and CPR Valid USCG license (if required) Valid USCG license (if required)

49. Conclusion Despite our precautions accidents can still happen. Even though you performed as well as anyone could have, it is possible for a judge to award damages against you. Confidence & satisfaction come from knowing that you have done everything you could have.

50. Risk Management in boating is essentially common sense. Good Luck!