Risk Management The Importance of Risk Management “All activities have risk… safe does not mean the absence of risk.” - US Supreme Court Safeguard your students from harm Safeguarding Your Students? List 5 examples of negligence in this situation To avoid being found negligent Provide duty of care Manage risks Reduce the likelihood of accidents What is Risk Management? Acknowledging the possibility that future events may cause harm, injury or damage Indentifying what those risks are Eliminating or minimizing those risks Goals of Risk Management Recognize potentially problematic situations Reduce the number of accidents Be prepared for contingencies Monitor and adjust as situations change 4 Steps for Managing Risks Step 1: Risk Identification Step 2: Risk Evaluation Prioritize Eliminate / reduce Step 3: Risk Resolution Step 4: Risk Control Emergency Action Plan (EAP) Emergency Action Plan Know: whom to call the phone numbers to call the address of the facility the docks and marina students’ medical information 3 terms to be familiar with Duty of Care Negligence Liability Duty of Care To do something a reasonably careful person would do in a similar situation OR To not do what a reasonably careful person would not do Duty of Care Instructors have a Duty of Care to their students Your students are your #1 priority Duty of Care Don’t Exceed your Training A Few Thoughts on “Duty of Care” You are the leader, the decision maker for the entire group Sir Ernest Shackleton You will never regret an error on the side of caution. You will forever regret an error of omission. Only push your students, equipment, the environment, and yourself as far as you know they can go Plan and Practice for Crises Plan Practice BoatUS photo Negligence Failure to do something a reasonably careful person would do OR Not doing something a reasonably careful person would do To the Left or to the Right? Negligence Failure in “duty of care” The negligence of the person in charge must be cause of the injury Liability = Failure in “Duty of Care” Negligence Liability There are Many Types of Harassment Harassment Sexual Sexual orientation Gender Ethnic origin Disability Age Environmental As an instructor, you are vulnerable to charges of harassment or abuse Instructors Must Be aware of what is appropriate interaction with a student Learn how to safely and responsibly interact with students Learn to protect themselves against misinterpretations Inappropriate Touch Appropriate Touch Appropriate Touch Avoid isolated situations Don’t initiate physical contact Play it safe Use good judgment Protecting Yourself Have an established action plan Good record keeping Employer insurance - ask to see it Personal insurance US SAILING Instructor insurance US SAILING Instructor Insurance $10,000,000 limit per occurrence Your employer must have primary coverage Instructor certification must be current – renew every three years Current membership, First Aid and CPR Valid USCG license (if required) Conclusion Despite our precautions accidents can still happen. Even though you performed as well as anyone could have, it is possible for a judge to award damages against you. Confidence & satisfaction come from knowing that you have done everything you could have. Risk Management in boating is essentially common sense. Good Luck!