Lee E. Bryan National Swimming Pool Foundation National Swimming Pool Foundation Certified Pool...

Lee E. BryanLee E. Bryan National Swimming Pool Foundation National Swimming Pool Foundation

Certified Pool Operator InstructorCertified Pool Operator InstructorCertified Pool Safety InspectorCertified Pool Safety Inspector

DisclaimerNeither the National Swimming Pool

Foundation nor the presenter are engaged in the rendering of legal or medical services.

The information furnished is intended to be educational and informational in nature and is not intended to provide legal or medical advice.

It is strongly recommended that attendees contact an attorney or professional with specific industrial knowledge.

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If you had a 5 in 6 chance of winning a million dollars, would you take that chance?

Standard of Care

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Standard of CareStandard of care refers to the degree of

attentiveness, caution and prudence that a reasonable person in the circumstance would exercise.Adequate disinfections levelsNo broken glass on deck/pool areaDrains confirm to ASME

A112.19.8M(VGB)Adequate warning and information signsTrained and certified personnel

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Negligence

“The failure to exercise the standard of care that a reasonable and prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm”

Black’s Law dictionary

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Gross Negligence

“. A conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences of another party, who may typically recover exemplary damages”

Black’s Law Dictionary

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Contributory Negligence

“A plaintiff’s own negligence that played a part in causing the plaintiff’s injury and that is significant enough to bar the plaintiff from recovering damages”

Black’s Law Dictionary

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Comparative Negligence

“A rule of law that assigns responsibility and damages based on the negligence of every party directly involved in the accident, sometimes reducing the award of damages to the plaintiff in proportion to his/her fault.”Black’s Law Dictionary

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Assumption of Risk

Assumption of risk claims that the plaintiff knew that a particular activity was dangerous and thus bears responsibility for any injury that resulted.

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LIABILITYResponsibilityPA Public Swimming and Bathing Places-

Chapter 18,Section 18.4,Sub Section(a)“A capable manager or care taker shall be in charge of public bathing places and shall be responsible for the proper maintenance and the use of the public bathing place …”

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Public Swimming & Bathing Places Operational & Biological Contamination Protocol Recommendations (March 18, 2008)“Pool Operators should be Aquatic Facility Operators(AFO), Certified Pool Operators(CPO), or other approved program certified”

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NEGLIGENCEFailing to act in a responsible mannerFailure to provide careExceeding scope or levelof training

Ignoring or failing to stopdangerous behaviors

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Proving Negligence Duty Of Care

Breach Of Duty

Proximate Cause

Forseeability

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Duty of CareDuty of care is that amount of

reasonable care owed to individuals using the aquatic facilityThe lifeguard has a duty of care

towards the patrons swimming in the pool that they are monitoring

The pool operator has a duty to act with reasonable care towards patrons and staff so as not to create an unreasonable risk or harm.

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Breach of Duty

The breach of duty is the violation of a legal or moral obligation. It is the failure to act as the law obligates one to act.

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Proximal Cause

Proximal cause links negligence to liability caused by an accident. The accident must be shown to be the natural and probable result or consequence of the act(s) of negligence.

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ForseeabilityForseeability is the ability to see or

know the future. Prior knowledge

Incident reportsLaws, codes, mandatesProfessional practices

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CONTRIBUTORY NEGLIGENCE

A rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party involved in the accidentDeep pocket theorySettlement 

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ASSUMPTION OF RISKSituation where the defense claims

that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.

The risk must be obvious or the nature of the activity must be inherently dangerous.

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Good Samaritan Law

“A statute that exempts from liability a person who voluntarily renders first aid to another in imminent danger but negligently causes injury while rendering the aid. “

Black’s Law Dictionary

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DamagesDamages are the

compensation as provided by law and ordered to be paid by a court, for an injury or loss by the unlawful or negligent act of another.

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Risk Management PracticesMaintaining a high

quality of workStaff hiring & trainingAdditional trainingMaintaining

equipmentEAPMaintaining RecordsAquatic PlanSafety Inspection

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Maintaining Quality of WorkRulesStructureSafety equip.RepairsLifeguardsRenovationsFurnitureElectrical

EnclosuresHeaterFilter systemPaintingPumpsPipingFeedersValves

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Hiring and TrainingPre-Employment

Lifeguarding skills Active and passive rescues Spinal injury CPR First aid skills Patron Surveillance

Job descriptionDrug testing

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Hiring and TrainingIn-service Training

Fecal contaminationPatron communicationVictim recognitionEAP activationLighting/storm proceduresEvacuation PlanHAZMAT communication planPersonal protective equipmentPolicies and procedures

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Maintaining EquipmentDaily inspection of rescue equipment

Spinal board, sheppard's hooks/reaching polesAir hornsCID’sAED’sSOSNon-latex glovesFirst aid suppliesPortable phones

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Record KeepingDaily operations recordsOpening checklistClosing checklistOperations ManualsOperation RecordsMaintenance PlansEnforceable Regulations

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Daily Record KeepingFACTACCACpHCHALCyATemp

Flow rate Turnover rateGauges'SkimmersStrainersIncident ReportsChemical UsageDaily bathers

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DAY DATE

TIME 8 10 12 2 4 6 8FREE

CHLORINE

TOTALCHLORINE

COMBINEDCHLORINE

pH

WATERTEMP.

BATHERLOAD

WATERCLARITY

WEATHERCONDITIONS

TOTALALKALINITY

CALCIUMHARDNESS

CYANURICACID

CHEMICALSADDED

TESTER'SINITIALS

Opening ChecklistIssues from prior dayDaily log startedCheck communicationsAED batteriesFirst Aid supplies

replacedRope & float lines tight,

anchors secureWater surface, troughs

and gutters cleaned

Rescue equipment positioned

Deck swept & washedCheck pool sides and

bottomPool walls and scum

line brushedBathrooms cleanedVisual walk around

perimeter of fence

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Pool Opening Checklist

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Head Guard:_______________________________ Date: ________________________

Daily Opening ChecklistHead Guard_____ Unlock gate, ticket office, concession stand, office_____ Turn on bathroom and office lights_____ Inspect grounds, fence and gate, bathrooms_____ Check chlorine level and pH, record results_____ Check and calibrate probes (if necessary)_____ Turn on water features 15 min before opening_____ Complete maintenance request (if necessary)Guard #1_____ Place rescue tubes, pocket masks, umbrellas, air horns and chemical test kits at lifeguard stands_____ Make sure main drain is visible and grate is attached_____ Brush zero entry entrance for dirt or debris_____ Complete maintenance request (if necessary)Guards # 2 & #3_____ Brush scum line, walls of pool and edge where walls meet pool floor_____ Complete maintenance request (if necessary)Guard #4 & #5_____ Set out deck furniture_____ Sweep deck of debris_____ Complete maintenance request (if necessary)Ticket Office_____ Open concession stand, sweep_____ Prepare to open ticket office_____ Open gate 5 minutes before opening time (Guards in chairs) _____ Complete maintenance request (if necessary)

Closing ChecklistAll trash dumpedTrash cans sprayed

outGuards equipment

securedCheck for supplies

needed, i.e.. Paper towels, cleaning solution, TP, etc.

Charge communication equipment

Rescue equipment secured

Secure doors, windows, gates, etc.

Turn off all lightsList of needed

suppliesComplete daily logsCheck bathrooms,

and make sure all patrons have left the premises

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Head Guard_____ Check all areas to be sure all patrons have left_____ Turn off water features_____ Turn off bathroom and office lights_____ Complete maintenance request (if necessary)_____ Lock office, concession stand, ticket office and gateGuards #1, #2, & #3_____ Return tubes, pocket masks, umbrellas, air horns and chemical test kit to office_____ Empty garbage cans, place in garbage bin, replace liners_____ Complete maintenance request (if necessary)Guards #4, & #5_____ Put away all deck furniture_____ Complete maintenance request (if necessary)Ticket Office_____ Complete daily count sheet_____ Return all box hockey, shuffleboard equipment

_____ Complete maintenance request (if necessary)

Pool Closing Checklist

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DocumentationPre-employment

formsWork historyCopies of

certificationsOrientation recordsPre-employment

testingIn-service trainingLifeguard evaluations

Incident formsFacility logsFacility checklistsMaintenance

recordsPurchase recordsHealth inspectionsMSDS

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Factors for Managing RisksIdentify risksEvaluate the riskManage the risksCostLiability issuesLegal mandatesEmergency response plans

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Identifying RisksEvaluate the exposure to a hazard and the

nature of the hazard and thus anticipate potential losses.Circulation systems (drains)Diving boardsDeep WaterSpecific programs such as SCUBAHot tubsMissing childrenMedical emergenciesCloudy water

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Evaluate the RisksDetermine which, and how often, these risks

are likely to occur.For example, if the risk is likely to occur

frequently and the resulting injury can be severe then that risk must be addressed immediately.

BUT-What of the infrequent risk which can have a severe injury?

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Managing RisksINFORMATIONAL SIGNS

Failure to warn is a standard of care But studies have shown that signs alone are

not sufficient to gain consumer attention nor compliance

Signs should: Warn of physical hazards Warn of environmental hazards Warn of behaviors which may lead to injury State rules which protect other swimmers

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Managing CostsEnergy Water Equipment Insurance Spare partsMaintenanceTraining

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Managing CostThe standard of care should be the

determining factor when deciding investments

Standard of care helps prevent liability due to negligence

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 Failure to provide

safe facilitiesFailure to provide

safe equipmentFailure to provide

safety equipmentFailure to

superviseFailure to post

Failure to complyFailure to provide

securityFailure to perform

dutiesImproper actionLack of actionFailure to

administer properly

Bases For Lawsuits

Legal MandatesOSHA-MSDSEPA-Safe handling and storage of

chemicalsCPSP-VGBDOT-Classification of chemicalsCDC-Recreational Water IllnessesState-Disinfectant levelsLocal-Turnover rate

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Safety IssuesEnforce safety practices & rulesEducate the publicPost emergency numbersConduct safety drillsTrain all staff in CPR & First AidEstablish & practice emergency proceduresHave a well developed link to EMSDevelop proper documentationConduct frequent safety inspections

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Types of EPA’sWater-Passive &

activeUnconscious-

Breathing & non-breathing

SpinalFireLighteningFecal accidentInjury

FatalityIntoxicated personFightSuspicious personViolent ArgumentBomb threatKidnappingMissing child

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ConsiderationsType of emergencyLayout of facilityStaff complimentAvailability of equipmentEMSChain of commandEAP rehearsal

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Staff Roles and ResponsibilitiesRescueCalls EMSCrowd controlManage the rescue areaClearing the facilityAfter the emergencyMedia contact

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Refusal of CareAlways ask permission treatParents can refuse care for childrenMake it clear that the lifeguard is not

refusing to care for nor withholding careNEVER say “It’s going to be alright”Always Say-”Suggest it be checked by a

medical professional”Sign refusal form/witness

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After the EmergencyComplete recordsCheck equipmentReplace used equipmentEAP evaluationDebriefing

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Roles and ResponsibilitiesWho prompts the

actionWho covers the

rescuers areaWho clears the

swimming areaWho assists the

primary rescuer by bringing equipment

Who calls EMS personnel or other support staff

Who meets EMS personnel or other support staff

Will EMS enter the waterWho controls crowdAre there any special

circumstances at the facility that all staff should be aware of?

Who makes decisions and who has the final say?

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Brokenstraw Swimming Pool EAP GUARD #1 (Closest to the

accident)- Sounds 3 short, loud blasts with whistle- Makes the rescue- Initiates CPR or first aid if needed

  GUARD #2 (Next closest guard)

- Get spinal board if spinal injury- Enters water to assist if spinal injury 

  GUARD #3

- Sounds whistle to alert other guards - Turns off slide pump - Assist in clearing pool - Assists with crowd control

GUARD #4 (Concession Stand)- Secures first aid kit- Takes phone to pool side- Determine reason for horn- Phones 911 and inform them of:

LocationType of emergencyNumber of injured

- Opens gate and directs the responding squad

  GUARD #5 (Head Guard)

- Assists in clearing pool- Direct crowd where they should go.- Help where needed.

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Warren Municipal Swimming Pool Emergency Action Plan

GUARD #1 (Closest to the accident)

- Sounds 3 short, loud blasts on whistle

- Makes the rescue- Initiates CPR or first aid if needed GUARD #2 (Next closest guard) - Sounds horn to alert other

guards until securing spinal board

- Clears deep end of pool - Assists Guard #1

GUARD #3 (Short chair guard or either Tall Chair)

- Clears pool at slide drop zone- Clear slide stairs - Assist with crowd control while staying near bottom of stairs

GUARD #4 (Zero entry guard)- Clear zero entry pool- Assist with crowd control near

head guard chair 

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Warren Municipal Swimming Pool Emergency Action Plan

POOL SUPERVISOR and/or HEAD GUARD

- Direct crowd where they should go.

- Help where needed. GUARD #5 (Break Guard)- Get spinal board if spinal

injury - Enters water to assist

with boarding if spinal injury

WINDOW ATTENDANT- Closes ticket door and

takes phone to pool side at the sound of the horn

- Determine reason for horn- Phones 911 and inform

them of:LocationType of emergencyNumber of injured

- Opens gate and directs the responding squad

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Facility LayoutFacility access for EMS personnelLocations of rescue and first aid equipmentExits and evacuation routesLocations of telephones and emergency

numbersLifeguard stations and areas of responsibility

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EquipmentRescue equipment(rescue boards, backboards w/head

immobilizer and straps, AED’s, SOS, rescue tubes)Personal protective equipment(disposable gloves,

resuscitation mask and protective footwear)First aid suppliesEmergency equipment(Flashlights, fire extinguishers)Body fluid spill kitCommunication(radios, whistles, air horns, personal

address system, megaphone)Equipment required by state/local code(Buoys, crooks)

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Lifeguard Team Roles and ResponsibilitiesLifeguards

Primary rescuerSecondary rescuerAdditional lifeguards

Lifeguard SupervisorHead GuardPool Manger

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Additional Team MembersInternal personnel

Instructors/program staffCashiers/concession staffClericalMaintenance/custodialSecurityNon-aquatic personnel

Park rangers amp staff, building staffOn-site EMS or health care personnel

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Additional Team MembersExternal personnel

EMS personnelPoliceFirefightersPower company workersHazMat response teamChemical SuppliersSearch-and-rescue teams

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Communications PlanLifeguard signalsCall EMS personnel-911 or local emergency

numberChain of CommandFamily members/parent or guardian of the

victimMedia relations

Who talks/who does not

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Post-Emergency ProceduresCompleting ReportsChecking and replacing equipmentReopening the facilityImplementation of exposure incident

proceduresStaff debriefingPublic relations

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StepsRecognition that assistance is neededEAP activatedGeneral procedures for emergency followedSafety team assists in emergencyChain of command notifiedWitnesses interviewedReports completedEquipment checkedCorrective action takenStaff follow-up

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AssignmentIn decided teams write an EAP for:

Lost or missing childSuspicious personIntoxicated personPhysical fightFatality

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