Aquatic Risk Management

1. Aquatic Risk Management Lee E. Bryan National Swimming Pool Foundation Certified Pool Operator Instructor Certified Pool Safety Inspector

2. Disclaimer • Neither the National Swimming Pool Foundation nor the presenter are engaged in the rendering of legal or medical services. • The information furnished is intended to be educational and informational in nature and is not intended to provide legal or medical advice. • It is strongly recommended that attendees contact an attorney or professional with specific industrial knowledge. (C) National Swimming Pool Foundation

3. If you had a 5 in 6 chance of winning a million dollars, would you take that chance?

4. RUSSIAN ROULETTE

5. Standard of Care

6. Legal Definitions (C) National Swimming Pool Foundation

7. Standard of Care • Standard of care refers to the degree of attentiveness, caution and prudence that a reasonable person in the circumstance would exercise. • Adequate disinfections levels • No broken glass on deck/pool area • Drains confirm to ASME A112.19.8M(VGB) • Adequate warning and information signs • Trained and certified personnel (C) National Swimming Pool Foundation

8. Negligence • “The failure to exercise the standard of care that a reasonable and prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm” Black’s Law dictionary (C) National Swimming Pool Foundation

9. Gross Negligence • “. A conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences of another party, who may typically recover exemplary damages” Black’s Law Dictionary (C) National Swimming Pool Foundation

10. Contributory Negligence • “A plaintiff’s own negligence that played a part in causing the plaintiff’s injury and that is significant enough to bar the plaintiff from recovering damages” Black’s Law Dictionary (C) National Swimming Pool Foundation

11. Comparative Negligence • “A rule of law that assigns responsibility and damages based on the negligence of every party directly involved in the accident, sometimes reducing the award of damages to the plaintiff in proportion to his/her fault.” Black’s Law Dictionary (C) National Swimming Pool Foundation

12. Assumption of Risk • Assumption of risk claims that the plaintiff knew that a particular activity was dangerous and thus bears responsibility for any injury that resulted. (C) National Swimming Pool Foundation

13. LEGALITYvsLIABILITY

14. LIABILITY • Responsibility • PA Public Swimming and Bathing Places-Chapter 18,Section 18.4,Sub Section(a) • “A capable manager or care taker shall be in charge of public bathing places and shall be responsible for the proper maintenance and the use of the public bathing place …” (C) National Swimming Pool Foundation

15. Public Swimming & Bathing Places Operational & Biological Contamination Protocol Recommendations (March 18, 2008) • “Pool Operators should be Aquatic Facility Operators(AFO), Certified Pool Operators(CPO), or other approved program certified” (C) National Swimming Pool Foundation

16. NEGLIGENCE • Failing to act in a responsible manner • Failure to provide care • Exceeding scope or level of training • Ignoring or failing to stop dangerous behaviors (C) National Swimming Pool Foundation

17. Proving Negligence • DutyOf Care • Breach Of Duty • Proximate Cause • Forseeability (C) National Swimming Pool Foundation

18. Duty of Care • Duty of care is that amount of reasonable care owed to individuals using the aquatic facility • The lifeguard has a duty of care towards the patrons swimming in the pool that they are monitoring • The pool operator has a duty to act with reasonable care towards patrons and staff so as not to create an unreasonable risk or harm. (C) National Swimming Pool Foundation

19. Breach of Duty • The breach of duty is the violation of a legal or moral obligation. It is the failure to act as the law obligates one to act. (C) National Swimming Pool Foundation

20. Proximal Cause • Proximal cause links negligence to liability caused by an accident. The accident must be shown to be the natural and probable result or consequence of the act(s) of negligence. (C) National Swimming Pool Foundation

21. Forseeability • Forseeability is the ability to see or know the future. • Prior knowledge • Incident reports • Laws, codes, mandates • Professional practices (C) National Swimming Pool Foundation

22. CONTRIBUTORY NEGLIGENCE • A rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party involved in the accident • Deep pocket theory • Settlement  (C) National Swimming Pool Foundation

23. ASSUMPTION OF RISK • Situation where the defense claims that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted. • The risk must be obvious or the nature of the activity must be inherently dangerous. (C) National Swimming Pool Foundation

24. Good Samaritan Law • “A statute that exempts from liability a person who voluntarily renders first aid to another in imminent danger but negligently causes injury while rendering the aid. “ Black’s Law Dictionary (C) National Swimming Pool Foundation

25. Damages • Damages are the compensation as provided by law and ordered to be paid by a court, for an injury or loss by the unlawful or negligent act of another. (C) National Swimming Pool Foundation

26. Aquatic Risk Management (C) National Swimming Pool Foundation

27. Risk Management Practices • Maintaining a high quality of work • Staff hiring & training • Additional training • Maintaining equipment • EAP • Maintaining Records • Aquatic Plan • Safety Inspection (C) National Swimming Pool Foundation

28. Maintaining Quality of Work • Rules • Structure • Safety equip. • Repairs • Lifeguards • Renovations • Furniture • Electrical • Enclosures • Heater • Filter system • Painting • Pumps • Piping • Feeders • Valves (C) National Swimming Pool Foundation

29. Hiring and Training • Pre-Employment • Lifeguarding skills • Active and passive rescues • Spinal injury • CPR • First aid skills • Patron Surveillance • Job description • Drug testing (C) National Swimming Pool Foundation

30. Hiring and Training • In-service Training • Fecal contamination • Patron communication • Victim recognition • EAP activation • Lighting/storm procedures • Evacuation Plan • HAZMAT communication plan • Personal protective equipment • Policies and procedures (C) National Swimming Pool Foundation

31. Maintaining Equipment • Daily inspection of rescue equipment • Spinal board, sheppard's hooks/reaching poles • Air horns • CID’s • AED’s • SOS • Non-latex gloves • First aid supplies • Portable phones (C) National Swimming Pool Foundation

32. Record Keeping • Daily operations records • Opening checklist • Closing checklist • Operations Manuals • Operation Records • Maintenance Plans • Enforceable Regulations (C) National Swimming Pool Foundation

33. Daily Record Keeping • FAC • TAC • CAC • pH • CH • AL • CyA • Temp • Flow rate • Turnover rate • Gauges' • Skimmers • Strainers • Incident Reports • Chemical Usage • Daily bathers (C) National Swimming Pool Foundation

34. (C) Pennsylvania Department of Health

35. (C) Pennsylvania Department of Health

36. DAY DATE

37. Opening Checklist • Issues from prior day • Daily log started • Check communications • AED batteries • First Aid supplies replaced • Rope & float lines tight, anchors secure • Water surface, troughs and gutters cleaned • Rescue equipment positioned • Deck swept & washed • Check pool sides and bottom • Pool walls and scum line brushed • Bathrooms cleaned • Visual walk around perimeter of fence (C) National Swimming Pool Foundation

38. Pool Opening Checklist Head Guard:_______________________________ Date: ________________________ Daily Opening Checklist Head Guard _____ Unlock gate, ticket office, concession stand, office _____ Turn on bathroom and office lights _____ Inspect grounds, fence and gate, bathrooms _____ Check chlorine level and pH, record results _____ Check and calibrate probes (if necessary) _____ Turn on water features 15 min before opening _____ Complete maintenance request (if necessary) Guard #1 _____ Place rescue tubes, pocket masks, umbrellas, air horns and chemical test kits at lifeguard stands _____ Make sure main drain is visible and grate is attached _____ Brush zero entry entrance for dirt or debris _____ Complete maintenance request (if necessary) Guards # 2 & #3 _____ Brush scum line, walls of pool and edge where walls meet pool floor _____ Complete maintenance request (if necessary) Guard #4 & #5 _____ Set out deck furniture _____ Sweep deck of debris _____ Complete maintenance request (if necessary) Ticket Office _____ Open concession stand, sweep _____ Prepare to open ticket office _____ Open gate 5 minutes before opening time (Guards in chairs) _____ Complete maintenance request (if necessary)

39. Closing Checklist • All trash dumped • Trash cans sprayed out • Guards equipment secured • Check for supplies needed, i.e.. Paper towels, cleaning solution, TP, etc. • Charge communication equipment • Rescue equipment secured • Secure doors, windows, gates, etc. • Turn off all lights • List of needed supplies • Complete daily logs • Check bathrooms, and make sure all patrons have left the premises (C) National Swimming Pool Foundation

40. Pool Closing Checklist Head Guard _____ Check all areas to be sure all patrons have left _____ Turn off water features _____ Turn off bathroom and office lights _____ Complete maintenance request (if necessary) _____ Lock office, concession stand, ticket office and gate Guards #1, #2, & #3 _____ Return tubes, pocket masks, umbrellas, air horns and chemical test kit to office _____ Empty garbage cans, place in garbage bin, replace liners _____ Complete maintenance request (if necessary) Guards #4, & #5 _____ Put away all deck furniture _____ Complete maintenance request (if necessary) Ticket Office _____ Complete daily count sheet _____ Return all box hockey, shuffleboard equipment _____ Complete maintenance request (if necessary)

41. (C) American Red Cross

42. Implementing A Risk Management Plan (C) National Swimming Pool Foundation

43. Documentation • Pre-employment forms • Work history • Copies of certifications • Orientation records • Pre-employment testing • In-service training • Lifeguard evaluations • Incident forms • Facility logs • Facility checklists • Maintenance records • Purchase records • Health inspections • MSDS (C) National Swimming Pool Foundation

44. Factors for Managing Risks • Identify risks • Evaluate the risk • Manage the risks • Cost • Liability issues • Legal mandates • Emergency response plans (C) National Swimming Pool Foundation

45. Identifying Risks • Evaluate the exposure to a hazard and the nature of the hazard and thus anticipate potential losses. • Circulation systems (drains) • Diving boards • Deep Water • Specific programs such as SCUBA • Hot tubs • Missing children • Medical emergencies • Cloudy water (C) National Swimming Pool Foundation

46. Evaluate the Risks • Determine which, and how often, these risks are likely to occur. • For example, if the risk is likely to occur frequently and the resulting injury can be severe then that risk must be addressed immediately. • BUT-What of the infrequent risk which can have a severe injury? (C) National Swimming Pool Foundation

47. Managing Risks • Informational signs • Failure to warn is a standard of care • But studies have shown that signs alone are not sufficient to gain consumer attention nor compliance • Signs should: • Warn of physical hazards • Warn of environmental hazards • Warn of behaviors which may lead to injury • State rules which protect other swimmers (C) National Swimming Pool Foundation