Protective Devices, Regulations, and the Law

Core Concepts in Athletic Training and TherapySusan Kay Hillman

Objectives

Explain the function of a voluntary standards organization and describe how such an organi zation might affect sport equipment.

Explain the significance of the National Operating Committee on Standards for Athletic Equipment seal on protective headgear and discuss ways in which that seal would serve to protect the wearer.

Identify the factors considered in determining legal liability for an injury that occurred after alteration of protective equipment.

Discuss areas in which product liability might play a role in athletics.

IntroductionProtective equipment is designed to limit injury

due to common occurrences in sport

Tape and pads can also be used by ATC’s Care must be taken to understand rules and

regulationsDo not modify equipment Keep protective equipment functioning

Liability for altered or faulty equipment

Standards for Equipment Design and Reconditioning

Some sports (football, rugby, soccer, lacrosse) use special equipment that is considered part of players uniform

Athletes must wear to participateAthletes may choose additional protective equipment

Governed by various standards Manufactured equipment easily fabricated and

modifiedCan fabricate in athletic training room also

Standards for Equipment Design and Reconditioning To ensure quality of equipment, governing bodies have been

established to set necessary standards Additionally equipment must be reconditioned and inspected if it

is to be sued more than 1 season International Organization for Standardization (ISO)

Worldwide voluntary standards committee Develops international standards fro specific products

American National Standards Institute (ANSI) Voluntary standards development organization Connection to ISO standards network Screens product design, evaluates it, and eventually presents the

developed standard to ISO Consumer Products Safety Commission (CPSC)

Governmental regulatory agency that deals with safety of all products

Protect public from unreasonable risks of injury and death

Regulating AgenciesAmerican Society for Testing and

Materials (ASTM)Number of subcommittee’s that

focus on testing materials and products used throughout industry, recreation and leisure

Write standards for materials, products systems and services

Regulating Agencies National Operating Committee on Standards for Athletic

Equipment (NOCSAE) In U.S athletic equipment standards issued by NOCSAEAfter establishment in 1969 began testing football helmets

Determine safety of the model relative to concussion criteria in a severe football impact simulation

Established testing standards. Gold standard for testing most sports helmetsEach sport has its own set of NOCSAE standards NOCSAE symbol indicates the product design meets

NOCSAE standardsAlso sets standards fro reconditioning and reevaluation

helmets

Other Regulatory Agencies

Reconditioning and Maintenance of Athletic Headgear

NOCSAE most widely recognized certification

Yearly inspection of all equipment should be performed

Some equipment supervisors inspect their own equipment and send only certain products to reconditioned

National Athletic Equipment Recondition AssociationInspects helmets for defects and

deficienciesLoss of integrity means automatic

rejection

Reconditioning and Maintenance of Athletic Headgear

Throughout season ATC or Equipment supervisor should inspect helmets Defect and proper fit

Proper Fit guidelinesSnug and not rotateUpper edge of shell should be 2 finger

widths from athletes eye browsBack of helmet covers occipital boneFacemask 3 fingers from noseEar hole lines up with ear canal

Agencies for Development of Sport Safety Rules

Rules and Regulations for the Use of Protective Equipment

Differentiate between equipment that is

required or recommended and equipment that is forbidden for particular sport

Regulations governing younger players more strict

Guidelines for equipment use and regulations published each year in NCAA sports Medicine handbook

Agencies for Development of Sport Safety Rules

NCAA-Required and -Recommended Protective Equipment

If player is not wearing proper equipment they are removed from competitionHeadgear

Protect cranium or scalpBaseball , softball, football, ice hockey, lacrosseWrestling and water polo require protection over

earsFace, Throat, and Mouth Protection

Sports with risk of laceration of the facePrevent fingers or other objects from coming close

to the faceCollision sports with a potential for concussion or

oral trauma will use mouth guards

Protection of the Chest and Shoulders

Thick open celled material in combination with hard plastic outer shellDistribute local-impact shock

onto larger surface area.Shoulder pads or chest protection

Protection of the Lower Extremities

Joints of lower extremity often in contact with ground or with other players

Superficial location of bony prominences makes protective padding valuable

Baseball catchers, hockey goalkeepers, football and soccer players at increased risk

Agencies for Development of Sport Safety Rules

Illegal or Restricted EquipmentTo limit unintentional injury to other player

some equipment has been made illegalSee Table 5.6

Fabricating Custom Protective EquipmentTraining personnel fabricate custom

protective equipment in A.T. roomEvaluate legal liability

Should not be fabricated if could cause an injury or worsen existing condition

Adhere to rules and guidelines for the sport

Legal Concerns About Equipment Use in Sport

Tort: involve an individual seeking to blame someone other than themselves for an injury or resulting conditionMust show one of following reasons for

issuing the legal actionIntentional harm to the personIntentional harm to the tangible propertyNegligenceStrict liabilityNuisanceHarm to tangible personal interestsHarm to tangible property interests

Legal Concerns About Equipment Use in Sport

Responsible person failed to take action that another person of equal abilities and training would have taken in the same circumstances

If AT fails to meet standard of care AT could be held negligent

Could be held liable If the following are shown

Ignorance of the Law Ignoring the LawFailure to ActFailure to WarnExpense

Liability NegligenceAttempt to shift focus of responsibility onto

someone else Injured party might name any number of athletic

department employees

Determination of Liability

When indivisual chooses to play a sport knowledge of potential risk must be well undertsood

Assumption of risk

Injured individual may shift blame to person who issued equipment, those who provided medical care, and those who performed coached on techniques

Courts must decide if their was negligence and who will be held liable

Product and Manufacturer Liability

Facility or Playing Surface Problems

Sporting Equipment

Improper Care or Modification of Manufactured Products

Manufacturer’s Liability

Protecting Oneself From Legal Misfortune