 
Risk Management
There are two extensive club documents available, neither definitive, on Risk
Management and Risk Assessment. Every Committee Member, Dive Marshal and Dive
Instructor should read these documents and adopt their principles in their
activities.
Overview of Risk Assessment
Risk Assessment involves a close look at all the activities
that the Branch is involved in, be it Pool Training, Open Water Training, Open
Water Diving, Compressor Operations, or even Social Events.
A risk assessment will look at each activity and decide what hazard
(potential harm) can arise during the activity.
Each hazard will be assessed as to its severity, and the likelihood
that it may happen.
Combining these will give an overall risk factor.
The assessment will document the existing controls that already exist
to minimise the likelihood.
The assessment will document the measures that already exist to
minimise the severity.
If the risk factor is too high, then additional controls or measures may have
to be put into place.
Duty of Care
Prepared by P.J. Debney, Partner
of Cartwright & Lewis Solicitors. 1998
Common Law Negligence
This section contains a very general
and basic view of negligence. The term ’injury’ used herein means primarily
physical injury and consequential financial losses.
Where Does Negligence Fit Into Our Social Fabric?
Deliberately causing injury to others
is a criminal offence resulting in punishment of the perpetrator.
Some injuries are accidental. The circumstances
giving rise to them are wholly unforeseeable. No one is responsible. No compensation
is payable.
In between are ‘negligent acts. They are
not deliberate, but the injury is foreseeable. The negligent person
will not be punished, however the injured party may seek financial compensation
as a result. The compensation is paid by the individual who has caused the
loss and could amount to millions of pounds!
What Does It Do?
The system of rules is designed to determine
in any incident of injury, whether the negligent act actually caused injury,
whether compensation should be paid and if so how much.
How Does It Affect Me?
In order to satisfy or ‘discharge’ that
duty of care you must behave as a ‘reasonable person’
would but taking into account your specific skills, knowledge and experience.
Your neighbours are those people whom
might be injured by your negligent acts and omissions. They will include anyone
for whom you have accepted responsibility.
The duty of care requires you to consider
the consequences of your acts and omissions and to ensure that those acts
and/or omissions do not give rise to a foreseeable risk of injury to any other
person. Clearly one is not expected to guarantee the safety of others, merely
to act reasonably.
Does Ordinary Membership
of A Club or Society Affect My Ordinary Duty of Care?
Not usually. You still owe the individual
a duty of care to your neighbours. In a club these will include other members
and anyone else who could be affected by your actions or omissions.
Will Being A Group
Leader of A Club or Other Activity Affect My Ordinary Duty of Care?
It may do. As a group leader (or team
captain) you have accepted the responsibility of leading others.
It should be noted that on any outing
where a group leader has not been appointed the most experienced and or
qualified person there ought reasonably to intervene and at least advise
if a foreseeable risk of injury arises.
Will Accepting Office in A Club Affect My Duty of Care?
Yes, it may well do so. If you accept
a position you are likely to agree to carry out certain functions which may
affect the safety of others both inside and outside the club. You are accepting
responsibility and you must not create a foreseeable risk of injury and you
must take reasonable steps to deal with any foreseeable risk of injury which
exists or arises.
Conclusion
It is not possible to lay down golden
rules which if followed will preclude the possibility of a successful civil
claim. However, behaving responsibly and considerately is likely to mean that
no injury will be occasioned in the first place.
The safety net that we all hope we will
never need is third party liability insurance. If a compensation claim is
successfully brought then this insurance should pay out. All members of the
BSAC automatically have such cover.
From Nottingham University Student's Union
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