Legal Quadrivium XXIILegal Quadrivium XXII

The Keys to Better Risk The Keys to Better Risk Management:Management:

Document! Document! Document!Document! Document! Document!

Neil Dougherty, ProfessorNeil Dougherty, ProfessorDepartment of Exercise Science and Sport Department of Exercise Science and Sport

StudiesStudiesRutgers UniversityRutgers UniversityNew Brunswick, NJNew Brunswick, NJ

Risk Management Risk Management MythMyth

Avoid written Avoid written policies and policies and procedures. procedures. Too often they Too often they are used are used against you in against you in court.court.

Risk Management Risk Management MythMyth

Written planning Written planning may be important may be important for the rookies, but for the rookies, but those of us with those of us with more experience more experience can better use our can better use our time in other ways.time in other ways.

The Process of The Process of DiscoveryDiscovery

The Process of The Process of DiscoveryDiscovery

Requests for Requests for AdmissionsAdmissions

The Process of The Process of DiscoveryDiscovery

Requests for Requests for AdmissionsAdmissions

InterrogatorieInterrogatoriess

The Process of The Process of DiscoveryDiscovery

Requests for Requests for AdmissionsAdmissions

InterrogatorieInterrogatoriess

DepositionsDepositions

The Process of The Process of DiscoveryDiscovery

Requests for Requests for AdmissionsAdmissions

InterrogatoriesInterrogatoriesDepositionsDepositionsDemand for Demand for

ProductionProduction

Demand for ProductionDemand for Production

Incident ReportsIncident Reports

Initial Incident Report Initial Incident Report DataData

Name(s) of affected persons.Name(s) of affected persons. Date time and nature of Date time and nature of

incident/injury.incident/injury. Description of incidentDescription of incident

– Exact location nature and description of the Exact location nature and description of the incident.incident.

– Sequence of activities or events preceding Sequence of activities or events preceding the incident.the incident.

– Any additional pertinent Any additional pertinent facts or utterances.facts or utterances.

Initial Incident Report Initial Incident Report DataData

Actions of staffActions of staff– Who did what?Who did what?– First aid/emergency treatment rendered?First aid/emergency treatment rendered?

WitnessesWitnesses– Names and contact informationNames and contact information– Append written statements if appropriateAppend written statements if appropriate

Follow-upFollow-up

Demand for ProductionDemand for Production

Incident ReportsIncident Reports Participation Participation

Agreements/WaiversAgreements/Waivers

Demand for ProductionDemand for Production

Incident ReportsIncident Reports Participation Participation

Agreements/WaiversAgreements/Waivers Lesson Lesson

Plans/Curriculum Plans/Curriculum GuidesGuides

Demand for ProductionDemand for Production

Incident ReportsIncident Reports Participation Participation

Agreements/WaiversAgreements/Waivers Lesson Lesson

Plans/Curriculum Plans/Curriculum GuidesGuides

Attendance RecordsAttendance Records

Demand for ProductionDemand for Production

Incident ReportsIncident Reports Participation Participation

Agreements/WaiversAgreements/Waivers Lesson Lesson

Plans/Curriculum Plans/Curriculum GuidesGuides

Attendance RecordsAttendance Records Testing/Screening Testing/Screening

ResultsResults

Demand for ProductionDemand for Production

Policies and Policies and ProceduresProcedures

Common Policy TopicsCommon Policy Topics Staffing policiesStaffing policies

– Personnel needsPersonnel needs– Job requirementsJob requirements– DutiesDuties– Use of volunteersUse of volunteers– In-service trainingIn-service training– EvaluationEvaluation

Return to activity after injury or Return to activity after injury or illnessillness

Common Policy TopicsCommon Policy Topics Facility safety inspection policiesFacility safety inspection policies

– When and by whomWhen and by whom– What will be inspectedWhat will be inspected– DocumentationDocumentation– ReportingReporting– RemediationRemediation– Follow-upFollow-up

Postponement/cancellation Postponement/cancellation policiespolicies– What will cause postponement/cancellationWhat will cause postponement/cancellation– Decision making authorityDecision making authority– TimelinesTimelines– Notification of all concernedNotification of all concerned

Demand for ProductionDemand for Production

Policies and Policies and ProceduresProcedures

Maintenance RecordsMaintenance Records

Demand for ProductionDemand for Production

Policies and Policies and ProceduresProcedures

Maintenance RecordsMaintenance Records Posted Warnings/rules Posted Warnings/rules

etc.etc.

Demand for ProductionDemand for Production

Policies and Policies and ProceduresProcedures

Maintenance RecordsMaintenance Records Posted Warnings/rules Posted Warnings/rules

etc.etc. Emergency Action Emergency Action

PlansPlans

Emergency Plan TopicsEmergency Plan Topics

FireFire Injury, life threateningInjury, life threatening Injury, non-life threateningInjury, non-life threatening Injury, with bloodInjury, with blood AEDAED Intoxicated personIntoxicated person FightFight Demonstration/DisruptionDemonstration/Disruption

Emergency Plan TopicsEmergency Plan Topics FatalityFatality Power lossPower loss Security breachSecurity breach Structural problemStructural problem Suspicious personSuspicious person Client confrontationClient confrontation Lightning/inclement weatherLightning/inclement weather Bomb threatBomb threat