Risk Management For The Sport Administrator

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Risk Management For The Sport Administrator
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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

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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

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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 its activities

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What is Risk Management?

• Proactive approach to reducing the risk of
  injuries

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Steps to Control Risk

• Step 1 Risk Categories
• What are the major risk categories involved?
• Example
• People
• Facilities
• Equipment

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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

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Steps to Control Risk

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

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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

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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

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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/Workers Compensation
• Property Insurance
• Automobile Insurance

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Insurance

• "Insurance is not a substitute for good risk
  management"

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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
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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

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WAIVERS - 3 ESSENTIALS

• Description of risks you are asking participant
  to accept - including both physical risks of the
  sport legal risk of your negligence
• Participants release or waiver of liability
  - the backbone of the waiver is the participants
  knowing relinquishment of their right to sue you
• Participants acknowledgement - that they have
  understood the terms of the waiver - and are
  signing it voluntarily

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Waivers Contd

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

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Waivers Contd

• 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

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Waivers Contd

• 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

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Waivers Contd

• 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

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Waivers Contd

• 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

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• 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 NameAgeDate of BirthPhone
• SignatureAddressCity, State, Zip
• Signature of Parent/Guardian(if less than 18
  yrs old)WITNESS
• DATE

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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

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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

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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

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3. Practice the Plan

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

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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

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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