Presentation Transcript

1. Protective Devices, Regulations, and the Law

   Core Concepts in Athletic Training and Therapy Susan Kay Hillman
2. Objectives Explain the function of a voluntary standards organization and describe how such an organi­zation 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.
3. Introduction Protective 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 regulations Do not modify equipment Keep protective equipment functioning Liability for altered or faulty equipment
4. 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 participate Athletes may choose additional protective equipment Governed by various standards Manufactured equipment easily fabricated and modified Can fabricate in athletic training room also
5. 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
6. Regulating Agencies American 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
7. Regulating Agencies National Operating Committee on Standards for Athletic Equipment (NOCSAE) In U.S athletic equipment standards issued by NOCSAE After 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 helmets Each sport has its own set of NOCSAE standards NOCSAE symbol indicates the product design meets NOCSAE standards Also sets standards fro reconditioning and reevaluation helmets Other Regulatory Agencies
8. 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 Association Inspects helmets for defects and deficiencies Loss of integrity means automatic rejection
9. Reconditioning and Maintenance of Athletic Headgear Throughout season ATC or Equipment supervisor should inspect helmets Defect and proper fit Proper Fit guidelines Snug and not rotate Upper edge of shell should be 2 finger widths from athletes eye brows Back of helmet covers occipital bone Facemask 3 fingers from nose Ear hole lines up with ear canal
10. 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
11. Agencies for Development of Sport Safety Rules NCAA-Required and -Recommended Protective Equipment If player is not wearing proper equipment they are removed from competition Headgear Protect cranium or scalp Baseball , softball, football, ice hockey, lacrosse Wrestling and water polo require protection over ears Face, Throat, and Mouth Protection Sports with risk of laceration of the face Prevent fingers or other objects from coming close to the face Collision sports with a potential for concussion or oral trauma will use mouth guards
12. Protection of the Chest and Shoulders Thick open celled material in combination with hard plastic outer shell Distribute local-impact shock onto larger surface area. Shoulder pads or chest protection
13. 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
14. Agencies for Development of Sport Safety Rules Illegal or Restricted Equipment To limit unintentional injury to other player some equipment has been made illegal See Table 5.6 Fabricating Custom Protective Equipment Training personnel fabricate custom protective equipment in A.T. room Evaluate legal liability Should not be fabricated if could cause an injury or worsen existing condition Adhere to rules and guidelines for the sport
15. Legal Concerns About Equipment Use in Sport Tort: involve an individual seeking to blame someone other than themselves for an injury or resulting condition Must show one of following reasons for issuing the legal action Intentional harm to the person Intentional harm to the tangible property Negligence Strict liability Nuisance Harm to tangible personal interests Harm to tangible property interests
16. 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 Law Failure to Act Failure to Warn Expense
17. Liability Negligence Attempt to shift focus of responsibility onto someone else Injured party might name any number of athletic department employees
18. 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
19. 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