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RISK MANAGEMENT IN SPORT AND RECREATION:Programming, Equipment and Facility Safety Presented At: NEW JERSEY ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION, RECREATION AND DANCE February 9, 2004 Presented By: Leonard K. Lucenko, Ph.D. Our Litigious Society. We Do Live In A litigious Society
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RISK MANAGEMENT IN SPORT AND RECREATION:Programming, Equipment and Facility Safety Presented At: NEW JERSEY ASSOCIATION FOR HEALTH, PHYSICAL EDUCATION, RECREATION AND DANCE February 9, 2004 Presented By: Leonard K. Lucenko, Ph.D.
Our Litigious Society • We Do Live In A litigious Society • Consumer Product Safety Commission Injury Statistics • Teachers, Coaches Being Sued • Large Monetary Awards • Devastating Effects on Programs
Risk Management-Your Legal Duty of Care There Are Certain Duties Imposed by Society and Courts You Must Know and Understand These Legal Duties Priority One: Safety of the Participants
Your Role in Risk Management Understand Reasonable and Prudent Doctrine “In Loco Parentis” Prevent Unreasonable Risks Anticipate Problems and Protect Players from Foreseeable Dangers
The Results of a Lack of Risk Management Mind Set • Exposure to Risk of Injury and Litigation • Physical and Emotional Injuries • Catastrophic Injuries - Fatal, Life Threatening or Life Altering
US. Consumer Product Safety Commission • National Electronic Injury Surveillance System • Sports Injuries Compiled by National Youth Sports Safety Foundation • Other Organizations
Your Legal Duties: A Growing List SupervisionInstructionSafe FacilitiesSafe EquipmentWarning and CautionCoaching/Management Expertise
Your Legal Duties Competitive Matching(Example: Coed Wrestling; Coach Wrestling)Emergency Action PlanFirst Aid and CPRRecord KeepingSpectator Safety
The Goal Posts Javelin - Two in NJ The Gymnasium Floor Condition Baseball on March 1st: Head First Sliding on Frozen Field Improper Placement of Bullpen Track and Field: Hammer Throw Lack of Buffer Zones Profiles of Some Litigation Cases
Profiles of Litigation Cases Indoor Practice Configuration Defective Mask & Other Equipment Neglect of Rules: No Mask Warm-Up; No Exam Rotten or Lack of Supervision Lack of Shin Guards; Goggles; Chest Protector Applicability to All Facilities and Equipment Lack of Protective Netting in Hockey, Baseball
Profiles of Litigation Cases • Coercion to Practice Before Medical Exam: Fatality • Early Return to Practice Despite Doctor’s Prohibition • Refusal to Provide Safety Equipment • And Many More
What You Need To Do • Know How Do To Prevent Injuries? • Prevent Litigation • Review Tips for Risk Management • Professional Literature • JOHPER; Reporter, etc • NJAHPERD, NJRPA • AAHPERD, NRPA, NFSHAA, NJSIAA
ADDITIONAL SOURCES • Internet: Sports Safety Group • Recreation Safety Group • Amusement Safety Group • Other Sources on the Internet • Invited to Join Sports Safety Group
Football Safety Video Tape • Prevent Paralysis • Dr. Joseph Torg • Dick Vermiel • INJURIES CAN BE PREVENTED • Safety Equipment • Facilities • Instruction and Supervision • Available NFSHAA
What is Risk Management? • Understanding Defects and Conditions Which May Cause Accidents and Injuries • Elimination of the Hazardous Conditions • Do Not Minimize any Hazards
RISK MANAGEMENT: How To Prevent Unreasonable Risk • Inspect and Maintain Safe Facility • Detect Obvious and Hidden Hazards • Eliminate Hazards; Warn of Presence • Evaluate Equipment and Facility Use and Anticipate and Protect From Foreseeable Dangers • Do Not Create Hazards
Equipment and Facility Safety Inspection • Annual, Seasonal • Daily Prior To The Arrival of The Participants • Reasonable and Prudent
EQUIPMENT/FACILITY DEFECTS: Gymnasium Glass in Door Field Conditions: Holes, Ruts, Grass Buffer Zone for Soccer/Football Field Padding of Protrusions Secure the Attractive Nuisance Comodio Cordis: Dangerous Machines
Supervision • This is the “Number One” issue in Equipment/Facility litigation in Recreation and Sports • Provide General and Specific Supervision • Actively Supervise Equipment/Facility
Supervision • Is this the teacher in the office? • Is This the Coach in the Office • Any Supervisor of Children
Supervision • Presence and Active Control of Participants and Environment • Constant and intensive monitoring • Passive presence is not supervision • Practice preventive supervision
Legal Duties • Safe Facilities and Equipment • Risk Prevention Mentality • Inspect and eliminate hazards • MSU Brookdale Park; Hockey Rink • Monmouth Drain; Football/Softball Fields • Do not practice or play on defective fields • Report/Write to authorities and insist that corrective measures are taken
Check equipment before each practice, game and use • The Goal Posts - Secure, Attached and Unusable for Chins • The Catcher’s Mask • Wear The Required Helmet • Indoor Baseball Nets • Replace and Remove Worn Equipment
All required/recommended safety equipment must be worn • Helmets, Chest Protectors • Shin Guards, Goggles, Flak Jackets • Do not permit misuse of equipment • Do not alter the integrity of equipment; No Home Made Equipt. • Protrusions, Obstructions • Hockey Nets Encircling Rink
Cautions and Warnings • Verbal Cautions about Potential of Injury Every Session: Written • Signage and Posters • Video and Film Viewing • Paralysis • Irvine California • Warning it Could Happen To You
Cautions and Warnings • Print, Distribute and Enforce Safety Rules for Equipment/Facility • Do not Encourage or Permit Improper Use of Equipment/Facility • Ongoing Discussion of Safety Rules and Issues • Strict Adherence to Safety Practices • Do not Close one or Both Eyes
Emergency Medical Plan • Certified in First Aid and CPR • Develop an Emergency Plan • Practice and Rehearse the Plan • Emergency Communication System; Cellular Phone
Record Keeping • Statute of Limitations for Litigation • 18 Yrs. plus two Yrs. • Steps taken to Prevent Injury-Risk Management • Why Injury Occurred; Do not Admit Wrong Doing • Witness Statements with Complete Documentation • Photographs or Videos • File in Safe Place
Record Keeping • Complete Records • Accurate Description of Events • Conditions which led to Injury • Do not Discard Annually; Keep in File 13 Years
OUTDOOR FACILITIES • COW PASTURES AS FIELDS; INJURIES WAITING TO HAPPEN • HOLES, RUTS, STONES, ROCKS • NO BUFFERS; OBJECTS TOO CLOSE; TALL GRASS; NO GRASS; • LACK OF ANNUAL, SEASONAL AND DAILY INSPECTION; MAINTENANCE
OUTDOOR FACILITY SAFETY • LACK OF SPECTATOR PROTECTION • NETTING ALONG FIRST/THIRD LINES • NETTING BEHIND HOME PLATE • WHERE IS THE MOST DANGEROUS AREA?
OUTDOOR FACILITY SAFETY • DANGEROUS SURFACE • LACK INSPECTION, MAINTENANCE • DANGEROUS BUFFERS? • DETERIORATED AND DELAPIDATED CONDITION
BASKETBALL RISK MANAGEMENTOUTDOOR PADDING • PADDING • BLEACHERS • BASKETS • OUTDOOR PADDING
BASEBALL FACILITY AND EQUIPMENT • NETTING AND FENCING • PLAYER EQUIPMENT; ANNUAL AND DAILY CHECK • BASES: HOLLYWOOD; MOVEABLE • WALL PADDING • WARNING TRACK • COW PASTURE IN OUTFIELD
Baseball Equipment/Facility • On Deck Circle • Ticket Booth/Entry Gate • Back Stop Space Requirements • Practice Configuration: Keep out of Line of Throws • Applicability and Supervision
Boy Killed In Baseball Mishap By RICHARD PEREZ-PENA A 12 -year-old boy taking batting practice with his Little League team in Brooklyn was killed yesterday by a baseball fired from a pitching machine, the police said. Michael Marano, a member of the St. Athanaslus Bantam Outside team, went into cardiac arrest when hit him in the chest at about 7:16 P.M., said Detective Robert Mladinich.
GYMNASTICS SAFETY • Equipment/Facility in Litigation • Inspect • Instruct: Progression • Performer Readiness • Spotting • Supervision • Prevent Catastrophic Injuries
SOCCER RISK MANAGEMENT • MOVEABLE GOAL SAFETY • ANCHOR SYSTEM • THE COW PASTURE • THE CEMENT FIELD • MANDATORY SAFETY EQUIPMENT • INDOOR RISK MANAGEMENT
SOCCER RISK MANAGEMENT • Consumer Product Safety Commission • Newspapers • The Internet • Moveable Goal Alert • Proper Signage
GYMNASIUM RISK MANAGEMENT • PLAYERS WILL RUN INTO GLASS • BALLS WILL HIT GLASS • ALL GLASS AREAS-SAFETY GLASS
GYMNASIUM AND BASKETBALL RISK MANAGEMENT • PADDING • BLEACHERS • BASKETS • DOORS
Indoor Baseball Practice • Station Configuration • Don’t Throw Ball Into Pedestrians • Unsuspecting Team Mates • Glass Doors or Windows • Plan the Practice Organization
FACILITY CLUTTER • STORE AND LOCK EQUIPMENT • ATTRACTIVE NUISANCE • ELIMINATE CLUTTER IN WALKWAYS • ELIMINATE CLUTTER IN GYMNASIA
PLAYGROUND SAFETY • AGE APPROPRIATE EQUIPMENT • HEIGHT OF APPARATUS STRUCTURE • SURFACE MATERIAL; CONCRETE JUNGLE; PACKED EARTH • INSPECT AND MAINTAIN • SUPERVISE: ENFORCE RULES; • CONTROL ACTIVITIES
WEIGHT ROOM SAFETY • ORIENTATION AND IN SERVICE TRAINING OF STAFF AND USERS • FREE WEIGHTS • TREADMILLS • RECUMBENT BIKES • STEPPERS • MACHINERY SAFETY
WEIGHT ROOM SAFETY • MEDICAL HISTORY • SPOTTING • SPEED OF MACHINERY • CONDITION OF MACHINERY • INSPECT: SECURE IF UNUSABLE • WARM UP/ COOL DOWN • CAUTION/WARN/SUPERVISE