Operating Your Indoor Club in a Covid-19 Environment - PowerPoint Presentation

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Operating Your Indoor Club in a Covid-19 Environment

Moderator: Steven Indig

Panelist: Janice Clark, Linda Price, Curt Smecher, Pierre

Ferland

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Introductions

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Steven Indig – Sport Law & Strategy Group

Steve Indig,

BRec

, LLB, began his career with the Sport Law & Strategy Group in 2003 immediately after being called to the bar as a lawyer. Steve has had the opportunity to work with over 650 national, provincial, and local sport organizations providing consulting and legal services related to governance, employment, contracts, policies, disputes, and privacy. He is a regular guest speaker and presenter at AGMs, conferences, and workshops, and also acts as a mediator and adjudicator.

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SECTION 1

Janice Clark - Ontario

Owner of

XQuest

Archery

Certified Competition Development Coach

Certified Instructor of Intermediate Archers

Certified Instructor of Beginner Archers

Certified Coach Developer Instructor of Beginner

Archery Canada Coaching Committee MemberOntario Summer Games CoachCertified in First AidCertified Range Safety OfficerTrained Master Coach Developer

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SECTION 1

Linda Price – British Columbia

STARR Archery Club in Mission/Abbotsford BC

ChCP

Archery Coach – Certified Instruction of Beginner, Instruction of Intermediate, Introduction to Competition, Competition Development.

LF for Comp Development

-trained

Head Coach(NTS) Berlin World Cup,

Assistant Coach World Youth Archery Champs

Argentina, Assistant Coach NT Salt Lake City WC2019 Petro Canada FACE Grant recipientBC Archery Provincial JudgeFormer BC VP Athlete Development (8 years), Targeted Athlete Coordinator– BC ArcheryLaboratory Informatics Coordinator for Fraser Health

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SECTION 1

Curt Smecher – British Columbia

Owner – Abbotsford Aboriginal Archery Club

Archery Coach – Beginner, Intermediate, Comp-Dev Trained

Archery Coach BC Winter Games, Canada Winter Games

Archery Provincial Judge

Rifle, Pistol Coach – Beginner, Comp-Dev Trained

Rifle Head Coach North American Indigenous Games

Coaching Chair – BC Archery

Coaching Committee – Archery CanadaPresident – BC Target SportsSpecialist Physician (Anesthesiologist)

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SECTION 1

Pierre

Ferland

- Quebec

Drummondville archery club president for the

last 10 years

Members of the Elite Comity of La

fédération

de

tir à l’arc du Québec for the last 2 yearsAs a research agent for Mauricie et Centre duQuébec regional health board was an actingpublic health epidemiologist for 29 yearsSport administrator in many sports for the last40 yearsMasters in sport psychologyInstructor for the multisport official formation program from Sport Québec

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SECTION 1

Agenda and Outcomes

Agenda

Insurance and Negligence Review

Operational Learnings from Panel Members

Overview of regulatory requirements

How archery is a safe sport and can be practiced safely

Risk Management Review

Risk Management Strategies from Panel Members

Practical tips on how to assess risk, implement mitigation strategies and operate safely

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Insurance Exclusions – Effective January 1, 2021

Contagious diseases (including COVID-19, SARS,

ebola

, Bird Flu, Legionnaire’s Disease) are now excluded from general liability insurance policies, errors and omissions policies and travel policies

Organizations will be responsible for legal

defence fees, damages (if any) and cost awards in the case of litigation

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Negligence

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NEGLIGENCE/ACCIDENTS

Negligence occurs only when:

A Duty of Care is owed,

The Standard of Care is breached,

Harm or Loss occurs, and

The breach of the Standard causes or substantially contributes to the Harm or Loss.

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DUTY OF CARE

To whom do you owe a duty of care?

“To anyone who you ought to know could be affected by your actions”

Coaches

 Athletes

Club  Participants/Coaches

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STANDARD OF CARE

Written/published standards

Equipment standards

Organization policies & rules

Government Regulations

Return to Sport Protocols

Unwritten/unpublished standardsNew developments and TrendsNetworkingCase law Common senseIntuition Knowledge

ExperienceGut

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STANDARD OF CARE

Highest possible level of care

- risk is eliminated

Reasonable standard of care in the circumstances - risk is appropriately managed Failure to exercise any care - risk is ignored

Behaviour is

not negligent

Behaviour is

negligent

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Panel Discussion

Operations

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Panel Discussion – Operations

Facility

Facility door remains locked at all times

Automatic hand sanitizer station at main entrance and in range

Anyone entering the facility must sanitize their hands and wear a mask

Range

Lanes have been reduced from 8 to 4 and are now 180 cm wide

Lanes 1,3,5, and 7 shoot in first line; 2,4,6, and 8 shoot in second lineA 2 m physical distancing line is indicated behind the shooting line used for classes as well as in front of the buttressesBow racks are taped into 8 sections and numbered to correspond with lane and buttress numbers

Bows are to place in the same number on the bow rack as the buttress the archer is shooting on

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Panel Discussion – Operations

Classes

Arrows have been place on the floor to indicate the direction in which archers are to get on and off the shooting line to allow for physical distancing

Armguards, finger tabs, and finger slings are sanitized and stored in baggies and equipment (including bows and arrows) is not shared between classes in one evening

Class participants are given access to the facility 5 to 10 minutes prior to their class time to control numbers in the facility

A bin has been placed in the range in which all items used are to be placed to be sanitized. This includes arrows and target pins

The timing system is used, as whistles cannot be used to line control

Buttresses and bow racks are sanitized between classes

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Panel Discussion – Operations

Members

Are required to book their shooting times and are limited to a maximum of 2 hours per day

Tables in the range have been divided into sections and numbered as well as tables have been set up in the meeting area. Members are required to keep their bow bag and equipment in their designated space on the tables

Archers may not change buttresses in a shooting session

Buttresses and tables are sanitized after use

Coaches

Wear masks at the very least, shields if necessaryCarry small bottle of sanitizerSanitize hands before and after touching archer equipment, if it is necessary to do so

 

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Risk Management

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RISK MANAGEMENT 101

Identify risks

– ask, what are the things that can go wrong?

Measure and evaluate risks

– ask, what is the chance it will go wrong, what are the consequences if it does?

Control risks

– ask, what can I do about it?

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Low:

will have an impact on achievement but can be dealt with through internal adjustments

Medium:

will have an impact on some aspect of achievement but that will require changes to strategy or program delivery

High

: will significantly impact the achievement and the organization

Catastrophic:

will have a debilitating impact on the achievement and the organizationEVALUATE RISK

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CONTROLLING THE RISK

Retain

the risks



you don’t do anything because the risk is inherent in the sportReduce the risks  you take steps to reduce the likelihood of occurrence, and/or the consequences, largely by changing human behaviorTransfer the risks 

you accept the level of risk but you transfer this risk to others through contracts (insurance, waivers, other business contracts)Avoid the risks  you decide simply to NOT do something

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Identify Risks

COVID Related Risks:

Compliance Risks

Financial Risks

Communications Risks

Operational/Program Risks

Reputation Risks

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The law does not cut you slack because you are ‘

volunteer-based’ or ‘volunteer-led

’.

But Remember…

The law never expects

perfection, it only expects reasonableness

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REALITY CHECK

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Risk Management Techniques

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Panel Discussion

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Risk Management Techniques

Archery is a safe sport that can be practices safely under the current health crisis, but clubs need to be informed and practice consistent safe practices.

Be informed

Document your efforts

Be aligned with Provincial and National Archery body recommendations.

Understand how insurance matters and industry trends

Constant Communication and Education

System for regular cleaning, sanitization and inspectionPost clear signs

Declarations/Attestations

Waivers/Assumption of Risk DocumentsArchery Canada posters and resources at https://archerycanada.ca/covid-19/.Great Britain Archery: https://www.archerygb.org/wp-content/uploads/2020/09/Guidance-Notes-for-Clubs-Phase-2-Update-23-September.pdf

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Corporate Veil

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Incorporation and the Corporate Veil

Limited liability

The law recognizes people and corporations (societies)

Corporations can sign contracts, purchase property, be sued and assume liability

Individual members are legally protected from having to pay any of the liabilities or debts that the organization may incur. There are some limits to the extent of this protection and many organizations purchase both organizational liability and director's liability insurance.

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For more information, visit:

Steven Indig

647-348-3080

sji@sportlaw.ca

www.sportlaw.ca