Download - Risk Management - Conference 2009 (A1)
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Risk Management
for
Recreations & Aquatic Facilities
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Objectives
1. The changing environment around the Risk associated with Recreation
2. Introduction to Risk Management3. Review Risk Management best practices4. Identify Common pitfalls in Risk Management5. Staff engagement strategies in risk
management
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SurveyShow of Hands
How many people know of their recreations department being sued:• Within the Last Year?• Within the Last 3 Years?• Within the Last 10 Years?
It is not a question of if, it will happen as opposed to when.
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Municipalities are seen asEasy Target
Availability of Money
Joint and Several Liability
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Tolerance of Risk
In the past it was not socially acceptable for people to sue a community or public servicesNow it is considered fair game to sue City Hall.
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Introduction to Risk Management
The term risk managementgenerally describes management’sresponsibility for and efforts to –
Prevent injuries to patrons Prevent injuries to patrons and employeesand employees
Protect facility assets Protect facility assets (financial and physical)(financial and physical)
Minimize legal liabilityMinimize legal liability
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The Legal Side of Risk Management
Duty or Care:
Standard of Care
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Duty of Care
By choosing to build recreation facilities and admitting people to use them we are assuming a Duty of Care
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Expected Standard of Care
How is a Standard of Care for Recreation Facilities Determined?
Legislated Standards
Previous Incidents
Industry Standards
Policies and Procedures
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Determining Negligence
A Person can be found negligent if:1. The person has a duty of care2. The person’s actions or inactions were
a breach of duty3. The breech was the cause of harm4. Damage or Harm to another resulted
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Liability
Means legal responsibility for one's acts or omissions. Failure of a person to meet their responsibility leaves them open to a lawsuit for any resulting damages.
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Vicarious Liability:Means the employer of an employee who injures someone through negligence while in the scope of employment is vicariously liable for damages to the injured person.
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Occupiers Liability
Occupiers are people or organizations that own, have possession of or are responsible for control of a premises.
Occupiers have a responsibility to ensure the facility is reasonably safe to prevent injuries.
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Identify Common pitfalls in Risk Management
No Culture of safety in your organizationLack of audits and inspectionNo involvement of staff in the processMinimal or no documentation of incident and auditsReliance on Waivers
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The Risk Management Process
A typical risk management process can have four components:Identify the risksEvaluate the risksSelect methods to address the risk (accept, eliminate, control, or transfer)Evaluation of effectiveness
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Identification of Risk
Prepare a detailed survey for your facility
Conduct a survey of your facility
Talk to you staff about potential risk they believe are present
Think about the emergency situations that could occur and the risk associated with these emergencies.
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Evaluating Risk
How serious is the risk.• Likeliness to occur• Severity of risk (high, moderate, low)
Review of Historic records• What incidents are higher potential• What incidents are cause greatest harm
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Address the Risk
Accept: EliminateControlTransfer
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Moving Forward with The Risk Management Process
What are we doing to ensure our facilities remain safe for the staff and
public who use them?
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Risk Management Best Practices with your Staff
Staff TrainingPublic EducationSafety AuditsStaff Engagement in Risk IdentificationStaff Engagement in Risk AssessmentDocumentationEvaluation Effectiveness
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Staff Training
Challenges with staff training
What does our staff need to know?
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Public Education
How much education does the public require? And how do we educate them?
Use of signsUse of staff
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Safety Audits
How often are these needed and what should they include?
Internalvs
External
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Engage your Staff inRisk Identification
Ongoing identification
• Lifeguards• Parks Staff• Arena Staff• Sports Teams
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Engaging your Staff inRisk Assessment
Do your staff have enough understand to assess the level of Risk?
Do your staff have the authority to make operational decisions based on their assessment of Risk?
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Documentation
What needs to be documented?
EVERYTHING!!!
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Evaluate Effectiveness
How often do you review your Policies and Procedures
What indicates a change is needed
Engage staff in the discussion
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Resources
Alberta Municipal Health and Safety Association:• Audit tools and forms• Auditor courses
Alberta Human Resources and Employment • Sample forms and management systems
Canadian Red Cross• Operational Best Practices for Aquatic Facilities
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Culture of Risk Management
There are several reasons which make Parks and Recreation facilities are attractive targets for litigation.
• Attitudes (of the public and staff)• People are much more likely to sue for injuries• The way that staff respond to the initial complaint can
lead to a lawsuit being filed against the municipality.
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ReferencesManaging Risks – A Handbook for the Recreation and Sport Professional: Corbett
& Findlay (1993) Centre for Sport and Law
Risk and Recreation: Wyseman (1998) Canadian Parks and Recreation Assoc.
Risk Management in Sport and Recreations: Spengler, Connaughton, & Pittman (2006) Human Kinetics
Insurance in Sport & Recreation – A Risk Management Approach: Corbett (1995) Centre for Sport and Law
Canadian Red Cross – Operational Best Practices for Aquatic Facilities: (2009) Canadian Red Cross
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PresenterDave AdamsonCanadian Red CrossLifeguarding and Legislation AdvisorWestern Canada
Questions ?Questions ?