RISK AVERSION,PHYSICAL EDUCATION AND SCHOOL SPORT

Glenn Beaumont

Peter Whitlam

Risk Aversion

Avoiding the risk rather than managing it – not using risk

methodology effectively.

(ALARM: The National Forum for Risk Management in the Public Sector, 2006)

Risk Aversion

• ‘Keep a child in cotton wool and stunt it or kill it. If you will let it develop into a robust man, you will expose his body to all weathers teaching him how to defy them………….’

• ?

Compensation culture?

• Compensation Bill – “to protect people who undertake desirable or useful activities from being sued”. US !!! (2006)

• Criticised by House of Commons Constitutional Affairs Committee –

“Inappropriate regulation, public perception and misleading media coverage can lead to an exaggerated fear

of being sued”.

• “There is a real problem with excessive risk aversion in Britain…..the root cause….misunderstanding risk assessment … needs to be addressed..”

(Rt Hon Alan Beith MP, Chair of Constitutional Affairs Committee, 2006)

Compensation culture – severely exaggerated

• Fewer cases reaching the courts

• 80% of claims made in the public sector are dropped

• Insurers more aggressive in combating claims and fighting fraudulent claims

• “No win no fee” – 60% chance of winning or claim is dropped

• “Probable”….. “likely” ….. more than simply “possible”

• Swing in case law outcomes

• “Effective risk management rather than risk aversion is the most effective strategy to counter the likelihood of injury”.

(ALARM, 2006)

Health and safety – legislation may simply go too far…..

“There are many organists whose

performances should be banned

on public-health grounds and I

know of several nasty accidents

involving organ stools, overweight

organists and alcohol but …there

is no single recorded instance in

musical history of a person

being poisoned by a pipe organ”.

Richard Morrison, The Times, 18 March 2006, onEU Directive 2002/95/EC/RoHS and EU2002/96/EC WEEE limiting the lead content of electricalequipment to 0.1% of their weight as lead (organ pipes

arecurrently 50% lead).

Health and Safety – Different expectations?

Verdict?

Health and Safety Legislation and Provision in the UK amongst the best in the world

Health and safety – sometimes it can make us

too cautious…..?‘Volenti non fit injuria?

Health and safety – we can get bogged down worrying about whatmight happen

Health and safety – but sometimes it is worth it

SAVED BY MAGIC EYES. Amazing pictures show how a pool’s underwater cameras alerted staff to a girl of 10 unconscious in the deep end. (Daily Mail 1-9-05)

Risk aversion - objectives

1. Promote a positive message about the extent of safe practice in PESS.

2. Place safe practice in PESS in the context of a supposed “compensation culture”.

3. Advocate a risk management model that satisfies legal, ethical and professional requirements.

4. Update you on safe practice issues arising from case law, claims and enquiries made to the Association.

 

Risk AversionA realistic approach

PE is a risk activity

Avoid a sterile curriculum

Match task to capability

Accidents happen!!!

Risk Management: Why it is

important?empower pupils to manage their own safety

(risk education/ECM)entitlement to be taught in a safe and healthy

environment legal duty to be proactive not reactiveavoid allegations of negligence:

“careless conduct which injures another and which

the law deems liable for compensation”

(Frederick Place Chambers 1995)

AfPE Risk Aversion

• NEGLIGENCE

• Duty of Care

• Breach

• Damage

Risk continuum

Totally Range of Increasingly high Danger

safe acceptable risk levels of risk

Task

• Using the following list of activities approximate the accident rate/frequency for each activity per 100,000 hours of exposure.

Non-fatal accident rates per 10,000 hrs exposure

• Rugby• Soccer• Hockey• Netball• Skiing• Motor sports• Athletics• Badminton• Climbing/mountaineering• Public playgrounds

Accident Rates

• Rugby 300• Soccer 125• Hockey 80• Netball 75• Skiing 40• Motor sports 20• Athletics 20• Badminton 15• Climbing/mountaineering <5• Public playgrounds <5Source: Ball,D(2000) ‘ABC of Sports Medicine’ 2nd ed.

Blackwell

Risk Management: A context

HSE 1995: Schools: young people – 3 deaths/5000 major injuries:

1

11

441

3+ days off work/school or visit to hospital

Minor first aid only

Non-injury accidents/near misses

1.5 billion pupil days/year – 2.25 million reported injuries/year.

PESS – c. 1/2-2/3 of total school injuries= 0.001% v total pupil days.

Games 42% Gymnastics 27% Swimming 1%

Termly or annual analysis of number and pattern in accident report forms?

Is H&S a regular/standing item on staff/department meeting agenda?

Whose responsibility?

Task:

In pairs – decide where responsibility was placed in each of the cases described on the first handout and what further evidence you might need in making a sound judgement about culpability.

School staff:School staff:legal responsibilitieslegal responsibilities

MAKE ALL ADULTS WORKING WITH PUPILS AWARE OF THEIR LEGAL RESPONSIBILITIES:

Reasonable forethought = common sense

Know and apply employer’s policy for H&S (local requirements take precedence over national guidance)

Pass on guilty knowledge

Do what is within their power to prevent further injury

DO RISK ASSESSMENTS AS A TEAM

afPE Risk Management

TASK

Share your experiences of incidents and ‘near misses’ involving supervision of

physical activity, or on a visit.

What did you learn?

From this:

Identify 12 features of safe teaching

Reducing risk in PESS:Reducing risk in PESS:TeachingTeaching

A safe “teacher” of physical education considers:A safe “teacher” of physical education considers:

1.1. a lesson format to include warm up, technical development and cool a lesson format to include warm up, technical development and cool down.down.

2.2. checking personal effects, work space and equipment before use.checking personal effects, work space and equipment before use.3.3. teaching position, regular scanning and group management issues to teaching position, regular scanning and group management issues to

maximise observation and control of class.maximise observation and control of class.4.4. using regular and approved practice – e.g. QCA, LA, NGB schemes.using regular and approved practice – e.g. QCA, LA, NGB schemes.5.5. progression according to ability. progression according to ability. 6.6. matching comparable size, experience, ability, confidence.matching comparable size, experience, ability, confidence.7.7. not taking a full participation role in a game.not taking a full participation role in a game.8.8. strict officiating in games.strict officiating in games.9.9. involving pupils in their own safety – checking understanding.involving pupils in their own safety – checking understanding.10.10. thinking logically through a lesson – what could cause harm? – have I thinking logically through a lesson – what could cause harm? – have I

covered the likelihood?covered the likelihood?11.11. Familiarity withSpecial needs provision?Familiarity withSpecial needs provision?12.12. First aid procedures understoodFirst aid procedures understood

Safe Practice in Physical Safe Practice in Physical Education ModelEducation Model

Appropriate Challenge

PHYSICALEDUCATION

Acceptable Risk

PupilsPupilsStaffStaff

PEOPLEPEOPLE

CONTEXTCONTEXT

FacilitiesFacilitiesEquipmentEquipmentProcedureProcedure

ss

ORGANISATIONORGANISATION

PreparationPreparationProgressionProgression

Class Class managementmanagement

AfPE Risk Management

Assessment TaskChoose an area of work from the National Curriculum and risk assess it on the format

provided.

Hot TopicsHot Topics PEOPLE:PEOPLE: Pupils:Pupils: behaviourbehaviour Staff: Staff: qualificationsqualifications PE staff with medical conditionsPE staff with medical conditions

CONTEXT:CONTEXT: ORGANISATION: ORGANISATION:Facilities:Facilities: Teaching: Teaching: temperaturetemperature trampolining trampolining space space matching size, experience, matching size, experience,

confidenceconfidence playing surfaces playing surfaces checking understanding checking understanding jewellery inc. body piercing jewellery inc. body piercing clear instructions clear instructions footwear footwear NGB directives NGB directives Equipment:Equipment: Group management:Group management: use of mats supervision – junior leaders use of mats supervision – junior leaders swimming gogglesswimming goggles knowledge of pupils knowledge of pupils personal protection - esp. mouth guardspersonal protection - esp. mouth guards applying procedures applying procedures PE attire (primary) staff-student matchesPE attire (primary) staff-student matches Procedures:Procedures: sports tours – hosted by families sports tours – hosted by families changing arrangements/procedures (primary/sec.)changing arrangements/procedures (primary/sec.) first aid requirementsfirst aid requirements transportation of pupilstransportation of pupils written risk assessmentswritten risk assessments

PESS

Hot TopicsJewellery inc. body piercing Staff QualificationsFootwear –indoor and outdoorTrampoliningSwimming gogglesChanging arrangements/procedures (primary/sec.)PE attire (primary)Staff/pupil matchesUse of matsPE staff with medical conditionsFirst aid requirementsTransportation of pupilsContact sportsUse of personal protection equipment (PPE)