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Adapted from Connie Coutellier / American Camping Assoc.

A RiskRisk is an uncertaintyor probability concerningthe loss of resources.

A RiskRisk is an uncertaintyor probability concerningthe loss of resources.

Risk Management PlansRisk Management Plansare systems to identify,evaluate, reduce, prevent orcontrol loss of resources.

Risk Management PlansRisk Management Plansare systems to identify,evaluate, reduce, prevent orcontrol loss of resources.

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Why Have a Plan?Why Have a Plan?

• Sense of safety, security and comfort• Ways to provide program without

undue risk• Protects organizations resources• Encourages compliance with best

practice• Protects and prepares venture from

undue liability exposure

Safety Management

• Risk Management is a systemic approach geared to the total organization’s best interests.– Organizational Survival

• Safety Management is a systematic approach focused on the health and safety of program participant’s interests– People’s Survival

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• Risk Analysis - identification and assessment

• Risk Response - control strategies

Risk IdentificationRisk IdentificationC Tangible AssetsC Intangible Assets

Risk ExposuresRisk Exposures

C PropertyC FinancialC Human

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•• TransferTransfer•• ReduceReduce•• Retain Retain •• AvoidAvoid

Risk Assessment & TreatmentRisk Assessment & TreatmentRisk Assessment & Treatment

High

High

FrequencyLow

Seve

rity

Seve

rity

Transfer Avoid

Retain Retain

REDUCE

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Can you get sued for an “accident” that is “an

Act of God”?

Who is Liable?

Who can be sued??Who is protected??

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Legal System

• Criminal Law– Rights of the public (Public Prosecutor)– Rights of the Accused (Defendant/Defender)

• Civil Law– Rights of the parties in conflict (Plaintiff vs.

Defendant)– Family Law/ Contract Law– Tort Law (e.g. Libel/ Trespass/ Negligence)

Intentional Unintentional

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Negligence

• Duty Owed– Invitee/ Licensee/ Trespasser

• Duty BreachedFailure to perform standard of care“reasonable and prudent professional”

DamageProximate Causation

Negligence Defenses

• Sovereign Immunity

• Affirmative Defense– Contributory negligence– Comparative negligence– Assumption of risk

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Standard of Care or Standard of Care or Assumption of Risk Assumption of Risk

(or shared (or shared responsibility)responsibility)

If I go to the zoo knowing wild animals are there or to a baseball game and get hit by a foul ball, in either situation

do I “assume the risk”?

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Those risks which are suchan integral part of the activitythat they cannot be removedwithout changing the natureof the activity.

Inherent RisksInherent RisksInherent RisksInherent Risks

Negligence Defenses

• Negative Defense– Some point of the negligence construct– No duty– No violation of the standard of care doctrine– No damage– No proximate causation

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Standard of CareStandard of Care

• Reasonable and prudent person / “professional”

• foreseeable• industry standard

the Standard of Care Test

• Accident Emergency Planning– Training/ Plans

• Supervision Plans– General vs. Specific supervision

• Conduct of Activity– Progression– Maturity & condition of participant– Warnings of specific dangers

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Record KeepingRecord KeepingRecord Keeping

Records serve a number of purposes:

Record KeepingRecord KeepingRecord Keeping

• To provide a paper trail that shows what,when, and why things were done.

• To provide information about the currentfinancial state of the organization.

• To provide information to analyze operationsand costs for efficiency, health, safety, andeffectiveness.

• To show compliance with local, state, andfederal regulations, and the ACA standards.

• To protect against and be available asevidence in case of litigation.

• To maintain a history of the camp.

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Public Relations and Liability

• Create the good will and good image• Specific responses can mitigate the chances

of being sued– Examples:

Accreditation and Certification

• How do accreditation and/or certification assist with the Risk Management process?

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The Challenges of Accreditation & Certification

Slides adapted from AEE Accreditation information

Introduction of Terms

• Accreditation – Organizational based– Accepted standards of the field

• Operational & administrative– Self-study & performance review

• Certification– Individual based– Accepted standards of the field

• Knowledge and skill based– Testing based evaluation

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Who Certifies and Accredits• Certification

• American Red Cross • Department of Transportation• YMCA• Meeting Planners/ Food Handlers• Other Skill based: AMGA/ NRA/ PADI

• Accreditation• American Camp Association• Association of Experiential Education• National Recreation and Parks Association• AMGA

Benefits of Accreditation & Certification

• What are the Benefits?

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Why Accreditation?Why Accreditation?

NRPA /JACHO/AEE parallels

Improved Quality and Performance

•• Accreditation programs Accreditation programs identify quality and identify quality and performance indicators performance indicators through a set of consensus through a set of consensus standards.standards.

•• Accredited organizations Accredited organizations demonstrate the progress of demonstrate the progress of an advancing field through an advancing field through increased professionalism, increased professionalism, greater consistency and greater consistency and improved practices.improved practices.

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Public Service

• Accreditation programs offer a measure of quality enhancement to the general public by advancing standards.

• Accreditation provides students and the profession an indication of program quality.

Credibility and Image Improvement

• The Accreditation Program gives the field more credibility.

• Accredited organizations can improve their image and be seen as more professional.

• Accredited organizations are better able to attract faculty, students, & resources.

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Legal Protection (Indirect)

• The existence of an accreditation program and accepted standards may afford legal protection to accredited organizations.

• Accredited organizations are in a stronger position to negotiate with institutional risk management programs.

Government Relations and Access (Outdoor)

•• Accreditation can help Accreditation can help avert unnecessary avert unnecessary government intervention government intervention and costly regulatory and costly regulatory control.control.

•• The Accreditation The Accreditation Program cooperates with Program cooperates with government agencies to government agencies to ensure continued access to ensure continued access to federal lands in the United federal lands in the United States. (JT and beyond).States. (JT and beyond).

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Education & Professional Development•• The Accreditation Program The Accreditation Program

provides an invaluable source provides an invaluable source of education and training for of education and training for faculty and students.faculty and students.

•• Education efforts focus on Education efforts focus on providing current information providing current information about sound practices, risks about sound practices, risks and emerging trends in the and emerging trends in the field.field.

•• The Accreditation Program The Accreditation Program creates an environment of creates an environment of openness and learning rather openness and learning rather than isolation. than isolation.

Marketing, Public Relations & Recognition

• The Accreditation Program educates the media and the public about responsible agencies and the larger profession

• Does the public understand? (?AEE/ACA/NRPA?).

• Accredited Programs can use accreditation to distinguish themselves from other programs – marketing tool.

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IV. The Accreditation Process

Five Stages1. Eligibility2. Internal Review3. External Review4. Evaluation5. Maintaining Accreditation

Maintenance (AEE)

Step 18. Organization evaluates the AP.Step 19. Organization submits annual report and

annual fee.- Changes in organization structure, key personnel,

activities, venues, environments, etc…

• Step 20. Continuing accreditation.- Initial accreditation – three years.- Continuing accreditation – five years.