Reducing risk and liability at aquatic facilities

by jason_cramp | November 14, 2016 3:58 pm

By Alex Antoniou, PhD

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Physical activities, including those associated with aquatic facilities, have inherent risks associated with them. Having an aquatic risk management plan in place will not only protect users, but also staff. In the strict definition of the law, aquatic professionals have a ‘duty of care,’ and failure to exercise that duty can be deemed as negligence. Therefore, putting a risk management plan into effect is the best way to abide by this law. This plan should identify areas of potential risk to injuries and illnesses for patrons and staff. Every business encounters risks, some of which are predictable and under management’s control; others are unpredictable and uncontrollable.

Breaking down the types of risks

Businesses have several options when it comes to managing risk, such as avoiding, assuming, reducing, or transferring the risks. Avoiding risk helps reduce the probability of danger and prevents injuries and illnesses from occurring. This is achieved when an aquatic facility takes time to prevent losses from occurring. An example of avoiding risk is water quality being properly maintained, thus preventing illnesses from spreading.

Assuming risks simply means accepting the possibility that a loss may occur and being prepared to pay the consequences. Reducing risk involves taking steps to minimize the loss, such as having appropriate rescue equipment in place to use in case of an emergency, such as an automated external defibrillator (AED). Transferring risk refers to the practice of placing responsibility for a loss on another party by contract; the most common example of this is insurance.

The importance of reducing risk

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There are several steps that can be followed to avoid and reduce risks at aquatic facilities. It begins with maintaining a high quality standard of work; from the pool operator to the lifeguard, the job is to understand risk, which begins with training.

The potential for loss can be high when a facility is not well maintained, water quality is not preserved properly, or equipment is not being serviced and protected. If the facility staff fails to fulfil these duties, it can result in sickness, death, injury, loss of revenue, failure to meet budgets, loss of reputation for the facility, lawsuits, or criminal charges. All of these frightening outcomes can be reduced when a good risk management plan is created and followed.

The staff at an aquatic facility plays a critical role in managing risks and it starts with training and appropriate certifications. Lifeguards need certifications that span across first aid, lifeguarding, and cardiopulmonary resuscitation (CPR), while pool operator certification is important for facility maintenance personnel.

Once staff has been hired, do not just go on the merits of them having the necessary certifications. Conducting employee orientations and in-service trainings is a good practice that can help create a safer environment for workers and patrons. Before a lifeguard’s first shift on duty, their skills and knowledge should be tested. They also need to be fully trained on the facility’s emergency response plans.

However, a successful aquatic facility cannot have a well-trained staff without a prepared risk management plan. This includes training the facility operator who maintains the pool or spa. Job training is designed as an ongoing process, which enhances the employee’s skills while providing up-to-date information. This is why in-service training should be conducted on a regular basis with all staff. Without in-service training, the staff would be ill-prepared to deal with emergencies. Facility-specific training is vital in familiarizing staff with day-to-day operations. When proper training is provided, it will lead to a higher success rate among employees while performing their jobs.

Risk management among pool operators

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In addition to maintaining skills and knowledge, the job of the facility staff is to maintain the pool equipment to ensure it is functioning properly. This includes, but is not limited to, the equipment that patrons might use, the equipment staff uses to maintain the facility, as well as the rescue equipment needed to handle emergencies.

The equipment required for pool operations include: pumps, filters, chemical feeders, and heaters. Unfortunately, each year there are incidences of illness outbreaks and chemical exposures that lead to injuries. This can be caused by poor equipment care by the facility. If the pumps are not doing their job, then the water can become cloudy. Water clarity is essential in seeing a distressed patron underwater. Cloudy water can delay a rescue effort because of the lifeguard’s limited sight to the bottom of the pool. Maintaining adequate circulation and filtration is an important factor in maintaining water clarity and reducing the risk of drowning.

Chemical feeders play a vital role in ensuring there is adequate disinfectant residual in the water. These feeders reduce the risk of disease transmission by feeding the appropriate amount of disinfectant to inactivate any pathogens that might be present in the water.

Assessing emergency and safety equipment

The equipment used to handle emergencies must also be maintained. Lifeguards and other staff members must know the location of the safety equipment and be trained on how to use it. Equipment may include: rescue tubes, reaching poles, spine boards, and AEDs. The emergency response plan (ERP) should specify the equipment needed for any given emergency.

Daily inspections of the safety equipment should be conducted to make sure it is in good working condition. For example, the spine board should be examined to assure the head immobilizer is in working condition and the necessary number of restraints for securing the victim to the board is present. Having the equipment ready at any given moment could mean life or death in certain situations. Planning for an emergency each day, or even each shift, can save lives at a pool or spa.

Sudden cardiac arrest can occur at aquatic facilities and portable AED units, which are used to electrically stimulate the heart, can save lives. Additionally, supplemental oxygen delivery is another piece of equipment that is rapidly becoming the standard of care among lifeguards. Increasing oxygen delivery in rescue breathing can reduce brain and cardiac damage. Luckily, when used in conjunction with AEDs, risk is greatly reduced and chances of survival increases.

Other safety equipment, such as personal protective equipment (PPE), is needed by the pool operator when they handle chemicals and should be worn in case of a chemical spill. Lifeguards should also wear PPE to prevent exposure of bodily fluids when handling victims during a rescue. Chemical showers and eyewash stations are also important and may be required by local regulations. Likewise, many health departments require aquatic facilities to have a comprehensive first aid kit that includes adhesive bandages, trauma dressings, roller gauze, latex and non-latex gloves, pocket mask, and first aid tape.

Creating the right roles

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The facility operator and manager may be part of the aquatic facility’s emergency response team. The role each staff member plays in each plan depends on the nature of the emergency, as well as the number of staff available. Preparation is important when handling an emergency to minimize injuries and administer care to a victim. The facility must have an ERP that everyone is familiar with, as it details the duties of staff during emergencies. These duties should be practiced often to ensure everyone works together as a team during an emergency.

Examples of incidents that require having ERPs include, but are not limited to:

• Water rescue—passive and active victim;
• Unconscious victim—breathing and non-breathing;
• Spinal injury incident—in-water (deep and shallow) and dry land;
• Fatality;
• Fire;
• Lightning storm;
• Fecal incident;
• Chemical accident;
• Injury—blood;
• Injury—life threatening;
• Injury—not life threatening;
• Power outage; and
• Structural problems.

The role the operator and facility manager plays in the development of the ERP will depend on the size and management structure for the aquatic facility. Consideration must be taken for the following:

• Types of emergencies—water-related emergencies, sudden illness, natural disaster, and facility emergencies such as fire.
• Layout of the facility—the location of the rescue equipment, entry and exit points, and telephones, etc.
• Available equipment—rescue equipment, first aid supplies, and protective equipment such as gloves. If there is an AED and supplemental oxygen available, additional training would be required.
• Emergency Medical Personnel (EMS)—the communication plan for notifying EMS and the facility access for them.
• Chain of command—identifying who needs to be notified in an emergency. This defines who contacts the family members or parents, if needed.

Along with the chain of command goes the communication plan. A successful execution of an ERP requires flawless communication between all staff members so no time is wasted in administering aid to the victim. For example, which staff member goes to get certain rescue equipment? Who calls 911? Who helps with crowd control?

Record-keeping and facility risk management

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If an owner or manager wants to avoid possible lawsuits, then keeping good records is essential in protecting the facility and its workers. Documentation that proves a facility meets a standard of care is very helpful in defending it and its staff. There are laws that require employees to notify a government agency (Canadian Centre for Occupational Health and Safety [CCOHS], U.S. Department of Labor Occupational Safety and Health Administration [OSHA], etc.), in the event an employee or guest is injured. The failure to promptly report an incident may result in fines. More importantly, record-keeping can help identify problem areas. Staff can then implement changes in the problem areas where injuries occur to prevent future incidences.

Every record or report should include the name of the individual or job title responsible for the report. When possible, the record should state the standard as well as the measured results. Records and reports satisfy the following needs:

• To provide an effective legal defense if a lawsuit is ever filed;
• To remove the chance of ‘absence of records’ being used against the facility and its employees;
• To comply with all governmental requirements concerning facility sanitation and maintenance;
• To document any injury, identify corrective management action, and prevent further injuries; and
• To provide accessible information about:
• employee training;
• background;
• performance;
• procedures used to accomplish objectives;
• equipment operating and maintenance information; and
• repair or renovation requirements.

Continuous documentation of the facility’s condition during operation hours is another factor that contributes to reducing risks. Maintenance records, opening and closing checklists, inventory, and training schedules all play an important role in risk management and keeping the aquatic facility safe for workers and patrons.

The most basic and necessary records are those kept on a daily basis. Before the pool or spa is opened each day, water chemistry must meet the standard requirements. But there are other important factors that should be checked before opening the pool.

For instance, all suction drain covers must be in place and intact; all safety and rescue equipment and supplies must be in place and functional; the water must have the proper clarity; and the circulation flow must meet turnover requirements. Skipping out on just one of these can cause a disaster within the first few hours of operation.

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Often a pool or spa facility manager will develop their own daily checklist. Most codes allow these customized reports as long as they contain the minimum required information. Consider the following list as a foundation on which to build a daily record for any facility:

• Free chlorine or total bromine;
• Combined chlorine;
• pH;
• Safety equipment is in place and functional;
• Suction drain covers and fastening screws visually observed and in place;
• Barriers are in place blocking unsupervised children from access to potentially dangerous parts of a facility;
• Flow meter reading;
• Filter pressure differential or pump vacuum;
• Number of users (daily);
• Water temperature;
• Air temperature;
• Humidity (in indoor facilities);
• Water clarity;
• Filter backwashing;
• Chemicals added;
• Skimmer and hair/lint baskets cleaned;
• Deck waste containers emptied;
• Daily locker room maintenance checklist;
• Self-closing, self-latching gates operate properly;
• Ladders and handrails are in place and secure;
• Diving boards/starting blocks secure in place;
• Access to storage/chemical areas locked;
• Deck area clear from obstructions;
• Lockers and bathrooms are clean and properly furnished with amenities;
• Pool or spa rules are in place and can be easily observed by patrons;
• All underwater lighting is functional;
• Safety and rescue equipment is in place and functional; and
• No settled debris in pool or spa.

An opening and closing checklist is a useful tool to help monitor the facility for exposures to risk of injury. Unsafe conditions should be noted and corrected before the facility opens. If a problem cannot be fixed beforehand, then there will be a delay or, in some cases, the pool may be closed for the day. Patrons should not be allowed in before the problem is resolved. Signs, ropes, barriers, or cones can provide assistance to alert patrons of a closed section. In severe cases, the facility may need to remain closed until the situation is resolved. This could mean days or even weeks.

Upon closing, it is important no patrons remain in the facility. All movable equipment should be returned to its storage location, lights turned on or off as required, and the site should be properly secured.

Announcing hazards

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Signage around the pool can play an important role to inform users of hazards. Failure to warn of known hazards may be a breach of the pool operator’s duty of care. Signs and warnings are crucial and are almost always a factor in litigation following an aquatic injury. Empirical studies have shown written warnings, in general, are not effective in gaining either consumer attention or behavioural compliance. However, there is consensus among the professionals in the field of communication and warnings that these warning signs must deliver the information available about the risks and hazards to the users.

In most instances, signs do not replace the need for adequate supervision. Instead, they usually communicate most of the rules and instructions at a facility. The type and number of signs, their location, and the message to be communicated should be chosen with great care. Notices provide facility guests and employees with important messages regarding the proper use of the pool or spa, any hazards that may be present, and ways to avoid personal injury. A well-written sign will warn people about any threat to their well-being that physical conditions or chemicals may present.

Signs should warn users of physical hazards such as shallow water, diving and no-diving areas, and slippery areas. They should also warn of chemical hazards related to the storage of chlorine, acids, and cleaning materials. In addition to water depth and chemical signs, there may be times when warnings are given for environmental conditions involving lighting, glare from surfaces, algae, or cloudy water.

Finally, signs should also provide warning for behavioural hazards such as horseplay, running, shoving, jumping, hours of use, and shallow-water diving. Signs should always be conspicuously placed. Types of signs include:

• A sign stating “No Diving” or “Diving Prohibited.”
• The maximum number of bathers who may use the pool at one time.
• The hours the pool is open.
• Pollution of pool prohibited (e.g. urinating, discharge of fecal matter, expectorating, or blowing the nose in any pool is prohibited.)
• Swim diapers must be worn by bathers who are incontinent, lack toilet training, or are otherwise lacking voluntary control of excretory functions.
• For pools with deck slides:
• Sliding shall not occur in water less than 1 m (4ft) deep.
• Sliding shall be performed only in a feet-forward position.
• For pools with starting blocks:
• Use of starting blocks is prohibited except during competitive swimming or swimmer-training activities.
• For facilities with spas:
• Spa warning sign—conspicuously posted in the immediate vicinity of the spa; a minimum of 0.3 m² (3 sf).
• Separate rule signs posted by diving boards.

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It is important the pool operator review the warning signs posted around the pool or spa and help the facility post signs that are appropriate for the activity and risk involved.

Depth markings inform people in and around the facility of the water depth in any given area. Many codes require depth-marking signs to help prevent drowning and diving injuries. Codes may require the size and location of the depth markings, for example, markings need to be placed on the pool wall and deck and be clearly visible.

To summarize, pool operators or owners need to consider everything that can go wrong at the facility and plan for it. Every emergency begins with the implementation of a response plan. Planning does not mean no accidents will happen, but through planning and in-service training, operators and staff can react and deal with emergencies quickly, thus minimizing the outcome of exposure and loss.

No two pools are the same, which means response plans must be tailored to a facility. Entry and exit points are different as the available emergency equipment may be, too. The number of staff available to handle an emergency will vary as well.

A good risk management plan begins with anticipating what may occur and taking the precautionary steps to prevent it from happening.

[9]Alex Antoniou, PhD, is the chief marketing and information officer of the National Swimming Pool Foundation^® (NSPF^®), a non-profit organization focused on creating healthy pools and healthy bodies by attracting more people to safer aquatic environments. NSPF instructors and online courses have reached more than 400,000 pool and hot tub industry professionals worldwide. He can be reached via e-mail at alex.antoniou@nspf.org[10].

Source URL: https://www.poolspamarketing.com/trade/reducing-risk-and-liability-at-aquatic-facilities/

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