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Implementing
Risk Management Strategies to Limit Exposure to Liability...
Management
should regularly evaluate the effectiveness of the Safety and Risk
Management system through review meetings, statistics, incident
reports etc. Risk and
safety information should be effectively communicated through all
levels of the sport.
Policies
and procedures play an important role in the management of risk so as
to limit exposure to litigation.
Policies include those directly associated with health hazards,
such as Infectious Diseases and Drugs, and those not directly relating
to health such as Child Protection, Team and Athlete Selection and
Discrimination.
As
mentioned previously, documented procedures often leave room for
improvement in sport and recreation organisations, but whilst the
initial task of producing such material does take effort they are
invaluable - not just from a physical and legal safety perspective,
but also in aiding personnel, many of whom are volunteers, to more
effectively perform their roles.
Recruiting and retaining volunteers is assisted greatly if they
are provided with procedures for the tasks they are to perform.
Procedures
that an organisation should have in place include the recruitment of
personnel, which would address issues such as accreditation, education
updating, police checks, job descriptions and Codes of Conduct.
Guidelines associated with participation would address issues
such as the use of waivers
(note proposed
changes to Trade Practices Act adding to the benefit of waiver use),
children in sport, safe conduct of play, rules of the game, protective
equipment and Codes of Behaviour.
Athlete
preparation procedures will outline appropriate practices for planning
of programs, pre-participation screening, physical conditioning, skill
training and supervision whilst injury management guidelines will
address first aid plans and policies, first aid resources, emergency
treatment, injury referral, administration of treatment, return to
sport after injury, record keeping and data collection.
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Procedures
in regard to facility and equipment safety are an obvious requirement
and will address issues such as regular inspections (major inspections
and pre-activity inspection), compliance with standards, signage,
lighting, fire safety, evacuation/emergency plans, disabled access,
security, equipment positioning, hygiene, use of protective equipment
and use of barriers.
Procedures
that address Contracts administration, including review of contracts
prior to execution and complying with the terms of the contracts,
limit the exposure to Statute Law in particular.
Further procedures for review of Legislation and Standards to
which the organisation must comply, including legal advice where
necessary, are also important.
An
important point in regard to Duty of Care is that for a
person/organisation to be deemed negligent it requires the omission to
do something that a “reasonable” person/organisation, guided by
those considerations which ordinarily regulate the conduct of human
affairs, would do; or conversely, doing something which a prudent and
“reasonable” person/organisation would not have done.
This does not suggest that there is an expectation to totally
remove risk; but rather the expectation is that “reasonable”
action will be taken to minimise risk.
Written
by Rod Hughes, CEO, IEA Brokers Pty Ltd, August 2002
The
editor of the IEA Sport Monthly Update is joint Chief Executive
Officer, Rod Hughes.
IEA
has offices in every state. National freecall number 1800 SPORT
1
(1800 77678 1)
Email:info@ieasport.com.au
Disclaimer The
information provided in this Email and on the IEA web-site is to be
used as a reference only. IEA accepts no responsibility for the
accuracy of the information or your reliance upon it. The
views of contributors are their own and do not necessarily represent
the views of IEA
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