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RISK MANAGEMENT IN SPORT AND RECREATION
by Andrew Petherick
Risk management, previously often referred to as ‘safe practice’ involves managing the risk (or possibility) of injury by undertaking appropriate assessment of what could cause harm, judging whether the risk of injury is significant, and, when necessary, introducing controls which are likely to reduce the risk to a reasonable or acceptable level through use of some form of corrective action.
In the context of sport and recreation, including within a physical education lesson, risk management often involves providing a balance between appropriate challenges and an acceptable level of risk. It must be accepted that risk cannot, and must not, be eliminated from all sport and recreation activities.
Commonly three factors can affect the balance:
THE PEOPLE – the players/participants, coaches/teachers, officials (referee/umpires, linesmen) etc;
THE CONTEXT – the environment, weather, facility conditions, procedures involved, equipment, etc;
THE ORGANISATION OF THE ACTIVITY – the coaching style, handling of match, preparation and progression of activities, etc.
Risk assessment in a site/activity specific context is essential to the maintenance of risk management. It is also a requirement of legislation. Traditionally, the sport and leisure industry has been slow to implement health and safety measures, and has commonly relied on generic assessments, based on general principles laid down by a governing body, such as the sporting organisation responsible for the administration of the activity in the country. Such generic assessments are often too vague and fail to consider the specific context in which an activity is likely to be undertaken. As a result site or activity specific risk assessments are vital to risk management, and must be based on the people involved, the context, and the organisation of the activity. Health and safety/environmental health inspectors have been swift to seize upon rogue operators who have been slow to meet the requirements of legislation, and the insurance industry has rightly clamped down hard on policy holders who fail to meet satisfactory standards by imposing inflated premiums.
The law does not expect perfection, but it does impose on those involved in sport and recreation a duty of care, with a requirement to take reasonably practicable steps to reduce the risk to an accepted level. The term ‘so far as is reasonably practicable’ is regularly found in law, and is considered to be the degree of risk in a particular task balanced against the time, trouble, cost, benefit and physical difficulty involved in taking such measures so as to avoid or reduce the risk.
There is extensive case law detailing ways in which sections of the industry have failed to manage risks sufficiently to avoid legal action. Failures in equipment and/or facility design, coaching/ teaching methodology, and/or officiating in match/practice situations have led to numerous legal claims. In a claim conscious society the industry has to take much of the blame for the increasing legal action. Failures to implement appropriate assessments or attempt to achieve an acceptable balance in the management of risk have been commonplace across the industry. Gradually, with the assistance of Sport England (or Sport Scotland, or the respective Sports Councils of Wales and Northern Ireland), and often working in conjunction with the various national governing bodies of specific sports, the National Coaching Foundation, local and central Government and other organisations involved in sport and recreation, the industry has begun to adhere to the framework laid down by legislation, including relevant Acts of Parliament and specific Regulations. Approved education/training programmes have been introduced – supported by detailed coaching manuals - often with time-limited registration of coaches. Quality assurance schemes have been established, and British/European Standards applied to the development and construction of equipment and amenities. In addition to activity specific rules, national governing bodies of sports, government departments, safety institutes, professional associations and other organisations have all contributed an abundance of documentation providing accepted operating procedures and safe practice guidelines. The criteria that can be used when setting the basis for risk management within the sport and leisure industry are now clearly established. These should form the basis of any operator’s safety policy file and procedures, and can be used as a fundamental source for a legal claim or the defence of the same.
While recognising that accidents will always happen, the sport and recreation industry is beginning to realise that risk management is the key to
- Reductions in legal claims, with associated savings in fees, time and stress;
- Preventing negative (often unwarranted) publicity;
- Lowering of insurance premiums; and above all,
- Improved services to clients.
Andrew Petherick is Managing Partner of Rae Sport and Leisure Consultants and regularly provides Expert Witness services. He can be contacted on 01234 213314 or via ajp@raeleisure.idps.co.uk
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