It Can Happen to You!

April 12, 2011

Lessons learned from real-life emergencies

Julie Stoehr
IM Sports/Fitness/Recreation Coordinator and Facility Manager
Penn State Harrisburg

“Someone’s collapsed in the racquetball courts!” These are words that all fitness facility staff dread, but ones for which they must be prepared. Performing life-saving techniques is something that one prepares for through yearly CPR/AED certification, but hopes never to have to execute. Results of life-saving efforts are rather clear-cut….. life or death. There is no room for ambiguity. Regardless of the outcome however, much can be learned from emergency situations and response procedures that were implemented from beginning to end. Despite the plethora of CPR/AED/First Aid training that most fitness facility directors and staff attend, nothing quite prepares one for the actual act of performing life-saving procedures.

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Audit 911

April 11, 2011

Establishing an All-Inclusive Staff Training for a Multi-Purpose Facility

Jennifer Garis
Aquatic Director
Campus Recreation
Florida State University

On campuses across North America, Recreation departments are often known as having some of the best risk management practices. The student staff is generally certified in CPR, First Aid, and AED, and the lifeguards typically hold upper level health and safety certifications. However, are they prepared to work together in facilities that have up to 6,000 participants per day and 20 staff on duty at any particular time?

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The Scoop on Poop

April 11, 2011

(or Is the Water You Swim In, Safe?)

Carrie Tupper
Associate Director, Aquatics
University of Maryland

As the summer season sneaks upon us, many of us will be gearing up to head to the pool to enjoy the clean, clear blue water. Do you really know if the water you are swimming in is clean?

Water can be deceiving. It may look clean when it really is contaminated with germs. These germs may cause Recreational Water Illnesses (RWI) which are illnesses caused by breathing, ingesting, or having come in contact with contaminated water. These RWI’s are not only found in swimming pools, they are also found in other bodies of water such as spas, spray parks, lakes and ponds.

Recreational Water Illnesses can present themselves in many different ways, including gastrointestinal, skin, ear, and eye, respiratory and wound infections. The most prevalent illness is diarrhea. Germs such as Giardia, Cryptosporidium, E. Coli, Shigella and the Norovirus cause diarrheal illness.

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The Lightning Debate

April 11, 2011

The case in support of a lightning policy

Kevin Johnston, M.S.
Graduate Faculty, University of Idaho
Senior Consultant, Professional Aquatic Consultants International

Why is there even a debate? The most conservative perspective is to close both outdoor and indoor pools due to the potential risk. The most liberal perspective: the pool is a safe place based on its design and there hasn’t been a documented ‘in the water’ injury or death in an indoor pool as a result of lightning. Our society has become what Beck calls a ‘Risk Society’. Risk is out there lurking in the shadows but is obscure and abstract: global warming, terrorist attacks and nuclear disasters waiting to happen. Lightning and the indoor pool can be seen in these same terms.

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The Basics of Alcohol Liability: Part I

April 10, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editor’s Note: While the Case Law is Canadian based, readers may find this article of interest — the concepts of ‘special relationships’ and ‘foreseeability’ apply everywhere.

Alcohol liability, as we know it, is a fairly recent legal construct. The first case that proceeded to the Supreme Court of Canada was just 37 years ago. Until that time, there were fewer automobiles on the road (and therefore fewer impaired driving crashes), less disposable income and therefore less to spend on excessive alcohol consumption, and specifically, stricter rules in the university environment as well as a higher drinking age. That isn’t to say there weren’t alcohol related legal cases, but they were far fewer than in the late 1970’s to present day.

Initially, alcohol related cases were referred to as ‘commercial host cases’ since commercial hosts (those who sell alcohol) were the only ones being successfully sued. With time, more and more ‘hosts’ were added to the list, creating what is now known as host liability or alcohol liability.

This article is Part I of ‘The Basics of Alcohol Liability’, and will focus on two key elements of alcohol liability — “special relationship” and “foreseeability”. In the next issue of the Newsletter, Part II will look at more specific components of alcohol liability such as security obligations, innocent third parties, the youth factor, as well as “beyond commercial hosts”.

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The Basic of Alcohol Liability — Part II

April 10, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Part I of the The Basics of Alcohol Liability covered two fundamentals of alcohol liability — special relationship and foreseeability. Part II will review security obligations, innocent third parties, the youth factor and “beyond commercial hosts”.

Security Obligations
Every licencee is obliged to insure that patrons or guests of the establishment are in a safe environment. Occupiers’ liability, which is found in every province either in legislation form or in common law, provides that the occupier must provide premises that are safe – regarding the actual premises, the condition of the guests and the nature of the activity being conducted on the premises.

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