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?

1) People: Participants, Staff, Parent

2) Facilities/Equipment: Inspection, Maintenance

Steps to Control Risk

Step 4: Identification of RisksFor 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

"Insurance is not a substitute for good risk management"

Types of Risk in SportPHYSICAL 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

WaiversDefinition: 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’dThe 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 NameAgeDate of BirthPhone

•SignatureAddressCity, 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 InjuriesWhy 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