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Assessing risk in Sport

Legal factors and regulatory bodies
by

Mark DeBlock

on 4 October 2012

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Transcript of Assessing risk in Sport

By the end of today:
all will understand legal factors and how they apply to sport
all will explain how regulatory bodies affect health & safety in sport Assessing risk in Sport Unit 3 P2 Different types of Law, Legal factors & Regulatory bodies Statutory Civil Case Statutory Law Law set by a legislature - Government/EU Written Law Good example - Law
surrounding murder. Relate to sport - EU Bosnan Case Jean Mark Bosman Boxing Promoters need
to be licensed Civil Law Law that deals with disputes
between individuals, organisations Compensation is often
paid in Civil courts Someone damages property
playing football: Owner of property takes
player to civil court to try and get compensation
In 1980 civil action commenced against a council in West Yorkshire by an ex-pupil of one of their schools who had used and unattended trampoline left in an unlocked sports hall and became paralysed following the accident. Case Law Judge-made law Recognises precedents Does not Recognise precedents Usually based on individual cases and the judge makes the decision regarding the case and this decision can then affect proceeding cases. Judge Judy Regulatory Bodies Government creates a committee
to regulate various things HSE is the national independent watchdog for work-related health, safety and illness.

They are an independent regulator and act in the public interest to reduce work-related death and serious injury across Great Britain’s workplaces. HSE Health and Safety Executive This body is appropriate
to all activities Local authorities
local educational authorities
police Other regulatory bodies Local Authorities Regulate Health and Safety in the workplace

e.g. Tamworth Council Local Education Authority (LEA)
Make sure that we are assessing risk at school.
Employ Teachers.
Check CRBs. Police are responsible for Health and Safety in the public domain.
Responsible for the safety of property and individuals
Provide crowd control at public events - Sports Games. Adventurous Activities Licensing Authority (AALA) National Governing Bodies of sport (NGBs) Specific Regulatory Bodies Adventure Activities Licensing Authority ensures that activity providers follow good safety management practices.

These should allow young people to experience exciting and stimulating activities outdoors without being exposed to avoidable risks of death or disabling injury. In loco Parentis Duty of care Your employer has a 'duty of care' to look after, as far as possible, your health, safety and welfare while you are at work. They should start with a risk assessment to spot possible health and safety hazards. Higher Duty of care Negligence Doctor not looking after
a sports injury properly. Teachers have a duty of care
but a head teacher has a higher
duty of care In the first 'negligence' case a woman developed gastro-enteritis after swallowing a snail contained in a bottle of ginger beer. Lord Atkin, the judge who heard the case, decided that she was entitled to some form of compensation. He ruled that the manufacturer had a 'duty of care' towards its customers and in this instance had been negligent - and the law of 'negligence' was created. A criminal case must be proved 'beyond reasonable doubt.' A civil case only has to be proved on the 'balance of probabilities,' i.e. it is 'likely' that the defendant is guilty. OJ Simpson when in sport are we governed by law? How many different examples can you think of Activity - 5 Mins When children are left by their parents in the care of another person. That person takes on the parental responsibilities.

E.g. A coach of a kids football team Control health and Safety in their sport National Governing Bodies Create rules that protect players when they play sport

Punish players/teams who break the rules

change the rules of the sport to meet the changing needs of legislation
Full transcript