Risk Management Flashcards
Attempt to prevent reasonably foreseeable emergencies or injuries
Minimizing the liability of an organization in areas such as work-related illnesses, job-induced injury or stress, and products whose performance fails to meet set standards
Risk Management
Risk Management Objective
Create the safest environment possible for employees and customers
Risk Management Questions
What can go wrong?
What will we do (both prevention and dealing with aftermath of an “incident”)
How will we pay for it?
ACSM Standards & Guidelines
(implementing standards of care helps remove risk of injury and negative outcomes)
- Exercise Preparticipation Health Screening to identify risk
- Member Orientation, Education, & Supervision
- Emergency Planning & Policies
- Health/Fitness Professional Staff & Independent Contractors need to be adequately trained
- Health/Fitness Facility Operating Practices must meet industry standards
- Health/Fitness Design & Construction must meet codes/standards
- Health/Fitness Facility Equipment needs to be routinely maintained and monitored
- Signage in Health/Fitness Facilities to warn/educate clients
STEPS of Standard of care
Screening
Testing
Evaluating
Programming
Supervising
Minimizes the risk of injury, disability, death (to the client)
Decreases potential for litigation (against the trainer)
- Assess suitability of fitness testing/exercise programming
- Determine if physician’s clearance is required
Screening
Usually geared to health-related components of fitness, but sometimes geared to performance-related components
3-fold purpose:
- Educate clients about their fitness status in relation to standards
- Provide data to determine appropriate exercise program/prescription
- Collect baseline data
Testing
Positive and motivational experience to set the stage for program design
Track progress
Evaluating
Objectives:
- achieve optimal CRF
- adequate muscular strength & endurance
- healthy ROM
- acceptable % body fat
- resistance to mental stress
- improve physical appearance
Programming
Brings about both the effective and safe health and fitness programming of clients.
Begins with the encounter, continues throughout training sessions, and ends with the finalization of relationship
- Decreases risk of injury!
- Includes emergency response
Supervising
Ability to respond to incidents
Must be effective & timely
Well-conceived & well-rehearsed plans in place
Automated External Defibrillators (AED) & Oxygen (O2) improve survival in CV complication
Emergency response
Primary sources of law
- Constitutional Law
- Statutory Law
- Case Law (Common Law)
- Administrative Law
Laws enacted by mandates from federal, state, and municipal governments
- imposes duties or restrictions on individuals
Statutory Law
Type of statutory law in which immunity is granted to people who, in good faith, try to protect, serve, and tend to others who are ill or injured
- May not protect professionals on the job, responsibility to perform CPR & deploy AED
Good Samaritan law
Laws based on judicial decisions of courts and administrative tribunals
Case Law (Common Law)
Laws under which fitness instructors may become legally involved
Statutory Law & Case/Common Law
Law that governs the conduct of both individuals and groups toward society as a whole
Criminal Law
Violation of ______ results in:
- Misdemeanors & felonies
- Fines, imprisonment, or both
Includes practicing outside of scope of practice
Criminal Law
Law that pertains to personal responsibilities that an individual or a group must observe when dealing with other individuals or groups
- Addresses grievances and judicial solutions between individuals, an individual and group, or between groups
Civil Law
Violation = judicial noncriminal cases
Evidence presented by prosecutor to find defendant liable
More common for healthcare professionals
Includes tort law or negligence
Civil Law
A wrongful act (either intentional or accidental) from which an insult, injury, or death occurs to another person or organization
A breach of legal duty amounting to a civil wrong or injury for which a court of law will provide compensation/damages
Tort
Law that governs the legal rights and obligations between individuals as well as between collective bodies in relationship to injuries, deaths, or civil wrongdoings
Can include:
- Intentional misconduct
- Negligent conduct
- No-fault conduct
Includes all negligence cases
Tort law
Failure to provide standards of care (which include the application of a degree of prudence and caution)
Most lawsuits against trainers and facilities claim this
Negligence
Risk Management Strategies
- Adhere to STEPS of standards of care: screening, testing, evaluating, programming, and supervising clients (having an emergency response plan in place) = provide safe & effective care/practice
- Use waivers and assumption of risk forms
- Maintain liability insurance:
- General and Professional liability insurance (PLI) provides protection from negligence claims
