Slide 1:Risk Management

Identification Evaluation Management Implementation

Slide 2:Elements of a Risk Management Program

Prevention - Courts recognize programs aimed at providing safety. Interpretation - Courts will decide if you have gone far enough…guidelines, codes & statutes. Focus - Visitor and employee orientated. Involvement - Includes all employees. . . Every member is a risk manager.

Slide 3: Risk Identification Safety/Negligence Property Loss Contract Fidelity Risk Evaluation SWOT Frequency SWOT CYCLE Severity Analysis Risk Management Delphi Avoidance (Close) Technique Reduction Transfer Liability (Insure Johari Retain (keep as is) Window Risk Implementation Policy, Procedures, Timely Application

Risk Management Model

Slide 4:Step 1 Risk Identification

Identify specific exposures for each area of concern. Property - Facilities & Equipment Program Offerings - Participants - Safety/Negligence Personnel - Policies & procedures - foreseeing risks Contracts - Fidelity

Slide 5:Common Risk Management Policies

Handout

Slide 6:Step 2 Risk Evaluation

Estimate the probable risk of each item. Level of financial loss Liability Reputation of Program

Slide 7:Methods to Analyze Risk

SWOT Delphi Technique Johari Window

Slide 8:SWOT Technique

Strengths Weaknesses Opportunities Threats

Slide 9:STRENGTHS

Slide 10:WEAKNESSES

Slide 11:OPPORTUNITIES

Slide 12:THREATS

Slide 13:Step 3 Manage the Risk

Select the optimum method of treating the risk. Retain Avoid Reduce Transfer

Slide 14:Retain

Prepare for potential loss. Higher Insurance Higher Fees Cost of doing business.

Slide 15:Avoid

Abandon High Risk Programs. Reduce non-essential programs Trampoline Diving White water rafting

Slide 16:Reduce

Have qualified workers Educate Train employees Abide by guidelines, codes & statutes

Slide 17:Transfer

Options: Insurance Accident Workman’s compensation Property Special events Contract Allocation of Responsibility Independent Contractor Legislation Ultra Vires Activities Special Programs Parochial Schools Youth Sports Programs Charitable Organizations

Slide 18:Common Transfer Options

file://localhost/Volumes/KINGSTON/common transfer options.doc Contracts Legislation Ultra Vires Activities Special Environment

Slide 19:How to write a waiver

A Waiver is legally enforceable if: It is obvious it is a waiver. Specifies it is for ordinary negligence. It is written clearly ( is understandable). It is signed voluntarily. An adult signs for adult right to sue (you cannot hold a minor to a contract). The Signing parties have equitable bargaining rights. Note: When a waiver is overly complicated with technical or confusing language the waiver can be thrown out. Thus removing a significant layer of protection. Note: You cannot request that a waiver be signed if you are employed by federal, state or local organizations such as schools and city recreation departments. In these jobs you are a “State Actor.” Thus, these methods cannot be used to give you immunity. But , these are still used to show the court that caution was taken in a competent way.

Slide 20:Step 4 Implement the Plan

Implement Monitor Evaluate strategies

Slide 21:Immunity

Statute Government Voluntary Covers ordinary negligence Good Samaritan Laws Independent Contractor Ultra Vires Activities Breach of Duty to Self Assumption of Risk By participating participant gives voluntary concent

Slide 22:Organizations Related to Risk Management & Safety

OSHA ADA Title VII Title IX

Slide 23:How to Plan Safe Facilities

Access Control Safety Zones entrance/exits Outdoor Pedestrian traffic flow Storage space Supervision Emergency procedures

Slide 24:Event Risk Management

Contract Insurance Transportation & parking Postponement/cancellation policies Emergency policies & procedures Pre-event preparation Event Crowd Management user security crowd control ejection policies Post Event Evaluation