Protective Devices, Regulations, and the Law

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

15. 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

18. 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

20. 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

22. 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

23. 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

24. Liability Negligence • Attempt to shift focus of responsibility onto someone else • Injured party might name any number of athletic department employees

25. 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

26. 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