1. School Activities – High Risk Entertainment vs Educational Value Julie Welsh, CIP CRM Risk Management Program Coordinator

2. Agenda: PART I – Liability Overview PART II - Understanding Your Risks PART III - Balancing Educational Value vs High Risk Entertainment PART IV - Risk Management Strategies for School Activities

3. OSBIE Overview: Evolved from “Insurance Crisis” of mid-1980’s 1980’s market similar to 2002 Cancelled policies, coverage restrictions, high deductibles, large premium increases OSBIE established in 1987 Member owned/operated reciprocal Insures over 95% of Ontario school boards

4. Why all the concern?

5. Social & Legal Concerns… Changing attitudes – holding others responsible for misfortunes “Psychology of Entitlement” when injured – a.k.a “Winning the Lottery” Increased public awareness of laws and rights = challenges to authority Trends toward more, larger law suits Courts tend to be sympathetic to injured

6. What can we do to protect ourselves, our school and our students from the risks of injury and law suits?

7. Three main ways to handle your risks… Purchase insurance Select and Control the risks you take Transfer the risk to another party

8. Liability Insurance Overview

9. The Purpose of Liability Insurance To protect a person or entity (such as a school board) against any legal responsibility arising out of a negligent act or a failure to act as a prudent person, which causes bodily injury or property damage to another party.

10. Negligence defined… Failure to take “due care”, as required by law, resulting in damage to property or injury to a person or persons – Gage Canadian Dictionary

11. Who is covered? Trustees Administrators Employees Teachers Co-op students on a work assignment Referees Volunteers

12. …while acting within the scope of their duties….

13. You are covered for: $24,000,000 per occurrence Acts of negligence while acting within the scope of your duties that causes:  Injury to a student, parent, volunteer, etc.  Damage to property of others Automobile Liability in excess of your personal auto limit to combined $24,000,000

14. You are NOT covered for: Criminal Code convictions Penalties, fines under statute: HTA, WHMIS, OH&S WSIB coverages Punitive damages Intentional acts

15. What does a Court expect of you and your school board?

16. (1) Exercise an appropriate Standard of Care Act as a “careful and prudent parent” Address foreseeable risk of injury Provide adequate supervision Will vary dependent upon age, ability experience, nature of activity, # students Consider nature and condition of equipment being used Inspections, damage, etc.

17. (2) Exercise Due Diligence Perfection is not expected…but… A consistent, systematic approach to identify and manage foreseeable risk is… Do you meet the “Three P’s Test”? Policy – Establish consistent systematic approach to identify foreseeable risks Procedure – Develop steps to manage identified risks Proof – Documentation that P&P are in use

18. How do we do this?

19. PART II Understanding Your Risks

20. Risk Appetite What do we want to do? All experiences are educational? Influenced by media, students and parents Everyone gets to play The world is a classroom…. So…“How big are your eyes?”

21. Risk Tolerance Resources to provide proper supervision Qualified resources to lead activity Environment – terrain, weather, water Building/Facility design Composition of the participants “How big is your stomach?”

22. Risk Appetite + Risk Tolerance = Risk Position

23. Perception of Risk Subjective – everyone has their own “appetite for risk” Based on personal experiences, own skill levels, belief systems, knowledge Perception of Risk is often different from Actual Risk We fear what we are not familiar with, yet accept dangerous things we know (eg smoking, exceeding speed limit)

24. The problem is… Advocates of an activity will down play the risks to inexperienced participants Volunteer groups organizing your school activities will have different risk appetite Volunteer supervisors will rely on their own perception of the risks Organizers and leaders may simply not know the risks they face

25. Risk Identification - Where are your risks?

26. Exposing Students to Hazardous Conditions or Activities Wilderness excursions (canoe/hiking), extreme sports, cliff rappelling, white water rafting Climbing walls, high ropes Field trips to dangerous areas, war zones Fun Fair activities

27. Failing to Act as a Prudent Person No pre-trip visit to inspect, familiarize Unaware of local conditions (weather, tide, currents, social unrest, etc.) Failure to follow safety rules, guidelines No Informed Consent Forms No pre-trip orientation meeting Lacking or Inadequate Emergency Response Plan

28. Need for Central Policies/Procedures Inexperienced organizers Unaware of risks/exposures Overlook safety measures Lack of consistency (need central RM Committee?) School board has no control over risks they become responsible for.

29. Complacency Did it work well or were you lucky? Famous Risk Management Quotes: “The event operator has insurance…” “Our staff are aware of all the issues…” “They signed waiver forms…” “We have insurance…” “Hold Harmless agreements cover us…” “We’ve done it this way for 20 years…”

30. Lessons to be Learned… Confirm insurance coverage Do not sign waivers for students Insurance does not prevent losses – it only finances them School boards cannot rely solely on insurance to protect themselves from law suits

31. PART III Balancing Educational Value versus High Risk Entertainment

32. School Activities - Claims Climbing Walls (Back fractured, neck) Swimming (Neck fracture, fatality) Skating (Head, Dental Injuries, severed fingers) Ski Trips (Fatalities) Camping Excursion (2 Fatalities – drowned when tour boat sank) Petting Zoo – (Facial injury – horse bite) Foam sprayed on football field (neck fracture) Dunk Tanks (Back, neck injuries)

33. The Claims we avoided…. Hot air balloon rides Trips to war zones (Gulf War I) Helicopter Rides Tandem Parachute drops School Bus Races School Drag Racing Team Amazing Race Events

34. Assessing the Risk Assess the Risks versus Benefits of the activity What type of injuries may occur? Is the activity appropriate for the age, ability and experience level? Can it be modified to reduce risk? Can it be properly supervised? What is the educational value?

35. Assessing the Risk (continued) Consider Collateral Risk Transportation, other activities, free time Does the board allow this activity? Risk Management Committee? Eligible Trip Listing Frequency versus Severity How many injuries have occurred How Serious the injury

36. Part IV Risk Management Strategies for School Activities

37. (1) Avoidance 100% Effective in preventing injury Use if Risk Assessment indicates risks are too high, cannot be reduced or controlled Saying “no” = pressure, challenges Limited application (can’t avoid everything)

38. (2) Reduce the Risk Most frequently used strategy Modify the activity to remove/reduce risk Establish & enforce safety rules Use OPHEA guidelines (if applicable) Pre-trip visit, learn local conditions/hazards, qualified leaders Pre-trip meetings with parents/students Informed Consent Forms

39. (3) Risk Transfer Promote Student Accident Insurance Sporting activities Require event operators to provide proof of valid Liability insurance Out of Province Medical Insurance DO NOT sign waivers for students DO NOT agree to name commercial operators under school board’s insurance

40. Informed Consents vs Waivers Students under 18 cannot relinquish rights Parents, Principals or teachers cannot sign on behalf of groups Show due diligence (e.g. warning of risk) Informed consents do not waive rights Persons over 18 CAN sign waivers Use board approved forms in addition to vendor’s forms

41. (4) Loss Reduction First Aid providers are on trip/site Evacuation Plan Emergency Notification System Emergency Response Procedure Remember…what happens after a loss can be just as important as the pre-loss actions

42. (5) Duplication of Resources Adequate number of supervisors Substitute leader (back-up) Accompany students to hospital Student detainment/delay

43. A Few Final Words…

44. Focus on: Awareness of what can harm students; Awareness that it CAN happen to you; Awareness of the local conditions; Awareness of the safety rules; Awareness of what to do if a crisis occurs.

45. Visit us at… www.osbie.on.ca