03 03 1994 RAC Agenda
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ORO-MEDONTE RECREATION ADVISORY COMMITTEE MEETING
AGENDA
Thursday, March 3, 1994 @ 7:00 p.m.
1.
2.
3.
Minutes of the February 3, 1994 Meeting
Disclosure of Pecuniary Interest and the General Nature
Thereof - In Accordance with The Act
Disposition of the February 3, 1994 Recommendations to
Council:
4.
Deputations:
a)
George Coulson, County of Simcoe re:
Warden's Picnic;
7:10 p.m.
b)
Ms. Mary Harber, Addiction Research
Foundation re: "Alcohol Risk
Management";
7:30 p.m.
5.
Correspondence:
a)
Frank Cowan Company Limited re: "Are You Skating on
Thin Ice", Arena Liability and Risk Management;
6.
Parks & Recreation Supervisor Monthly Report:
a) Proposed Summer Activities;
b) Proposed Rental Rates & Policies;
c) Cowan Insurance Liability and Services;
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7.
8.
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Committee Chairman's Report:
a)
community Hall Board Meeting, February 28, 1994 -
Update & Roster Membership for 1994;
b)
Warden's picnic - "Volunteers to Plan";
c)
Oro-Medonte Report on Parks and Recreation;
d)
Proposed Parks & Recreation Department Budget Summary
Sheet;
other Business:
9.
Adjournment.
NOTE:
Upcoming items for March 1994
1.
2.
3.
Prime Time Hockey Info
Ice User Meeting for 1994-95 Ice Requests
Ball User Meeting for 1994 Ball Diamond Requests
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- 5 -
MOTION NO. 15
Moved by Dickie, seconded by Crokam
Be it resolved that the correspondence from the City of Orillia
regarding the Oro-Barrie-Orillia Airport Funding and request for
meeting be received and the Township of Oro-Medonte confirm
meeting to be held on Thursday, March 3rd, 1994 in committee to
be.held at the Oro-Barrie-Orillia Airport facility and that the
following members of Council and staff attend: Mayor Robert
Drury, Councillor Martin, Reeve David Caldwell, Deputy Reeve
Norm Dalziel and staff member.
Carried.
MOTION NO. 16
Moved by Dalziel, seconded by Bell
Be it resolved that the Minutes of the Oro-Medonte Recreation
Advisory Committee meeting held Thursday, February 3, 1994 be
received as printed and circulated.
Carried.
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MOTION NO. 17
Moved by Martin, seconded by Caldwell
Be it resolved that the Parks and Recreation Supervisor bring
back recommendations of staffing, services and administration to
the Recreation Advisory Committee for consideration with the
exception of any staffing report or recommendations which will
be directed to Council.
Carried.
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ARENA LIABILITY AND RISK MANAGEMENT
PRESENTED BY
FRANK COWAN COMPANY LIMITED
Insurance Managers for Public Entities
RICHARD S. PURDY, M.B.A.
SENIOR VICE-PRESIDENT
8.
February, 1994
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ARE YOU SKA TING ON THIN ICE?
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LIABILITY OF ARENA OPERATORS
In July 1993, a shocking decision was handed down by the Courts in the Province of
Ontario. The Courts decided that the Town of LaSalle near Windsor, Ontario, was 100%
responsible and liable to the Plaintiff for injuries suffered in a hockey game which occurred
in October 1988. In this decision the trial judge determined that the Municipality had
breached its responsibility under the Occupiers Liability Act and had failed to take care to see
that those playing on the ice surface would be reasonably safe as required by this Act. He
ruled that the Municipality was 100% responsible for the injury to the Plaintiff and would be
held 100% liable for the damages. These damages were awarded in the amount $8.7
million.
What do we need to understand about this decision and what can we learn from it? Courts
and lawyers throw around words such as legal liability, negligence, duty of care, proximate
cause, degree of responsibility, damages, structured settlements; all of which is very
confusing. Let's try to put this into perspective.
In its simplest terms, legal liability means that you will be held responsible and accountable
for your actions.
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Lets look at what happens when an incident takes place. There are all sorts of occurrences,
incidents or even accidents which may happen within recreational facilities. Sometimes the
incident may give rise to a complaint or even to a formal claim against the service provider.
Generally these complaints can be resolved at the outset through informal mediation, but it
is often necessary to deal with a formal claim on a formal basis. In the initial period the
ìnsurance company will assign such a claim to an Adjuster for an investigation. If it is not
possible to resolve the issue through this process, the third party may issue a statement of
claim against the service provider in order to initiate court action to determine the issue of
legal liability. In making determinations of legal liability against the Corporation there is
essentially three (3) elements that must be satisfied in order for the plaintiff to be successful
in the claim for damages against the defendant Corporation.
1.
DUTY OF CARE - It must be shown that the Defendant owed a duty of care to the
Plaintiff .
In order for a duty of care to exist there must be a common-law principle or a principle
described by statute that defines a responsibility between the Plaintiff and the
Defendant. For example, the Occupiers Liability Act in the Province of Ontario,
defines the duty of care owed by an occupier of premises to someone who comes on
the premises. Excerpts from this Act describing this duty are shown in Appendix I.
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2.
BREACH OF DUTY - It is necessary to determine whether the Defendant was
negligent and did not conform to the appropriate standards of care, thus resulting in
a breach of the duty owed to the Plaintiff. In determining negligence, the Courts
FRANK COWAN COMPANY LIMITED
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LIABILITY OF ARENA OPERATORS
will decide whether the actions of the Defendant were reasonable in the 8
circumstances. The Court does not have to make its decisions "beyond a reasonable
doubt" as must be done in a criminal action but will make its determination" on a
balance of probabilities". Most of these determinations are made by a J~dge and there
is not a jury involved in the decision process in municipal cases.
3.
DAMAGES - The final test in making determination of a successful claim by the
Plaintiff would be whether the damages suffered by the Plaintiff are a direct result of
the negligent conduct of the Defendant.
It is interesting to note that decisions in respect of civil liability do not require criminal intent
on the part of the defendant. In a civil action the action can proceed against the defendant
even when the person was acting in good faith.
An act of negligence is referred to as a "Tort" or a civil wrong doing. If the Court has
determined that the Tort of Negligence has in fact been established, the Judge will decide
the extent to which the various defendants are liable for the losses of the plaintiffs.
Sometimes that plaintiff may have some responsibility for his own injuries. This is known
as contributory negligence. An example would be a driver who is drunk and drives his car
in that condition. The court may determine that the behaviour of the plaintiff in tha8
situation results in 50% of the blame being assessed back to him leaving only 50% to be
recovered from the defendant.
T~ere may be a number of defendants to the same action. For example, if two cars collide
and the driver of the first car sues the driver of the other car, the plaintiff driver may also
decide to sue the Municipal Road Authority and attempt to prove that the conditions of the
road were not safe. Depending upon the facts of the case there may be an apportioning of
the liability among such defendants. In the Province of Ontario, the Negligence Act states
that, where two or more defendants are liable and responsible for damages to the plaintiff
they will be jointly and severally liable. What that means is that all of the defendants are
liable for all of the award and each of them is liable for all of the award. The unfortunate
implication of this Act is that if one defendant is unable to pay his apportioned share of the
loss, that portion would be payable by the other defendant or defendants in the action.
Although the law gives the other defendants the right themselves to recover from the
impecunious co-defendant, the likelihood of recovery is negligible.
VICARIOUS LIABILITY
When an employee is in the course of carrying out their duties or responsibility on behalf of
their employer, liability generally flows to the employer. In other words the employer will
be responsible for, and liable for the damages caused by their employee. This is the princiPe
of vicarious liability. An employee must be very careful not to be acting beyond their scope
FRANK COWAN COMPANY LIMITED
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LIABILITY OF ARENA OPERATORS
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of their duties because this could result in them being held person ably liable for the adverse
outcome of their actions.
POLICY DECISIONS VERSUS OPERATIONAL DECISIONS
There is a difference between policy decisions and operational decisions in a municipal
setting. A policy decision is made by the Council of the Municipality in terms of the
provision or non-provision of a service, and is usually dictated by the consideration of
budgetary impact and service demand within the municipality. Operational decisions on the
other hand are generally those that flow from policy decisions and are made usually at the
employee level in a municipality and are those for which you can be held negligent.
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A simply example may clarify this. A Municipal Council can make a policy decision to build
an arena. If they decide not to build an arena they cannot be held liable for such decision.
They may be held accountable at the ballot box when the rate payers decide not to re-elect
that particular Council, but they cannot be held liable in the courts for such a decision. Once
they make a decision to build and operate an arena however, the municipality can be held
liable for negligent operational decisions that follow. For example, if there are accidents
which occur in the arena and they result from negligent actions on the part of the
Municipality, then liability may follow.
THE NEED FOR RISK MANAGEMENT
Risk Management is a process whereby the Corporation identifies and understands the risks
to which they are exposed and develops programs to minimize such risks through risk control
and risk financing. The goal in any effective risk management program is to reduce both the
probability that something will go wrong and the outcome if an adverse event does occur.
Let us not kid ourselves. It is unlikely that you will ever totally eliminate risk. We all live
with the potential for loss but we need to take pro-active steps towards managing the
possibility of accidents within our jurisdiction. Quite often the excuse is offered that the
Municipality does not have the staffing to have a formal risk management program. It should
be understood that effective programs can be delivered without the requirements of a
formalized department or full-time resources. What is necessary is for the Council and the
employees to understand the fact that risk is present in their jurisdiction, understand the fact
that they can be held liable and responsible for any adverse outcomes and understand that
some simple common sense approaches to risk management can be very effective to reduce
the likelihood of an accident and the consequences that evolve therefrom.
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LIABILITY OF ARENA OPERATORS
RISK MANAGEMENT IS NOT AN OPTION
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It is absolutely essential that operators of recreational facilities take a risk management
approach to their operations.
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It will help you to reduce injuries and accidents
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It will reduce claims against you
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It will reduce the chance of losing in court because you will be able to provide
specific evidence to support your operations
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It will help you manage the overall cost of your insurance program
You are encouraged to adapt the risk management/maintenance procedures suggested by
the Ontario Recreation Facilities Association.
WHAT HAPPENS WHEN AN ACCIDENT OCCURS?
Employees need to be provided with procedures to follow in the event of an accident or loss.
These procedures should incorporate specific instructions related to the actions of the
employee when they are directly involved or present when a loss or accident occurs. TrA
area where this is most important is when an accident occurs which causes injury to a thirT
party. Employees should be instructed to be as courteous as possible and to provide as
much attention as possible to the injured party. If it is necessary to administer first aid, this
can be done but only by qualified people, and employees should be instructed to call for
assistance from qualified medical personnel as required. The written procedures provided
to employees should incorporate instructions on the type of information they should gather
at the scene in order to properly complete the reporting forms. One of the most important
points to stress to employees is that they should NOT ADMIT LIABILITY for the accident in
any way and should not discuss the accident with anyone other than authorized investigators
such as the police or the insurance adjuster appointed by the Municipality's own Insurer.
This is summarized in Appendix II.
WHAT INFORMATION WILL BE REQUIRED - INVESTIGATION OF CLAIMS
Insurance adjusters are involved in the majority of insurance claims. They act on behalf of
the Insurer and/or Municipality to investigate and settle claims based upon the terms of the
policy, the losses or claims that have been presented and the merits and facts of the case
itself. In liability claims that proceed to court, the adjuster undertakes the detailed
investigation to gather the appropriate-documents in support of the case that will be argued
by a lawyer appointed by the insurer.
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FRANK COWAN COMPANY LIMITED
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LIABILITY OF ARENA OPERATORS
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In liability claims, time is very important and investigation should be started as soon as
possible while the facts of the case are clear and while witnesses are available to provide
evidence in respect of the claim.
INVESTIGATION OF CLAIMS
In undertaking an investigation of a claim against the Municipality, the adjusters and lawyers
on behalf of the insurance company are looking to determine whether the Municipality
behaved reasonably. In doing this, they need to secure certain information from the
Municipality in order to provide an adequate defense to the claim. If we look at the type of
information that is normally required in the investigation of claims, it should provide clues
to you as an insured about the type of information that you should keep and the type of
actions that you should undertake in respect of your risk management program. Lets look
at the type of information that is required.
Where the event/accident occurred. Depending on where the accident occurred, there
may be limitation periods involved, which in itself may provide some type of defense
to the claim. A slip and fall on the sidewalk which is part of the municipal roads
system requires a reporting of the claim within a certain period of time. If it is not
done during this time period, the claims will be statute barred.
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Names and addresses of injured person(s). Details about the injured person(s)
including their name, exact add'ress and telephone number of the injured party should
be secured and reported.
Description of the accident. Facts surrounding the particular accident or occurrence
should be documented to the best of the ability of the Municipality. This should be
a statement of facts and not statements of opinion.
Extent of injuries. A description of the injuries as they appeared at the time of the
accident should be documented.
Names and addresses of witnesses. If there are any witnesses to the occurrence, the
adjusters will want to secure independent statements from these people. It is,
therefore, important to make sure that the Municipality takes down the names,
addresses and phone numbers (home and work) of such people if they are available.
Police investigation. In the event that the occurrence was reported to the police, it
will be possible to get the police report to secure their reporting of the accident. If at
all possible, this should be incorporated into the accident reporting system within the
Municipality .
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FRANK COWAN COMPANY LIMITED
LIABILITY OF ARENA OPERATORS
INVESTIGATION OF CLAIMS (con't)
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Was there encouragement to participate? As part of the investigation .of a particular
claim it is quite often important to determine whether or not the occurrence resulted
from a municipalities' invitation of people to participate in the program. (In one very
serious claim that occurred, people were invited in a marketing brochure to use the
hills in the municipal park system for tobogganing during the winter time)
Was there any first aid Available? It is necessary to determine what immediate steps
were taken by the Municipality to assist at the accident scene, (whether or not a
municipal employee accompanied the injured person to the hospital, etc). Very often
a serious claim may be mitigated as a result of the considerate and proper attention
being provided at the scene by the Municipality.
Details of the systems or procedures that the Municipality had in place for the
inspection of premises. It is necessary to determine exactly what systems the
Municipality had in place in respect of maintenance of the facilities. The absence of
such a system could be very problematic and may in fact cause liability to be assessed
against the Municipality. What this points out, is the need for inspections of th-
facilities to take place, logs and records to be kept, time sheets which detail the work
being done by the employees to be maintained, and definitions of standards of
inspection and maintenance related to the facility to be documented.
Staff involvement/supervision and training. In investigating an accident or claim, the
Insurers will want to know what staff was involved, what supervision was being
provided to the programs, what training programs are in place to ensure that the staff
were properly trained and able to do their jobs in a competent manner, etc.
Any previous accidents? If there were similar accidents on a prior occasion, the
investigators will want to determine what type of measures the Municipality took to
prevent such a re-occurrence from happening (we had a Municipality who had a very
bad stretch of road and were continually having accidents at this particular location.
Because the Municipality did not do anything about it, they were in a very grave
situation when a serious accident finally occurred at the location).
Were there any signs posted? If there is a need to warn participants of the danger of
a particular location or showing them openly what the rules and regulations are
relating to the operation-of the program, they should be very clearly posted.
Photographs, sketches. If at all possible, photographs should be taken of the accident
scene to clearly show the facts surrounding the case at the time the event took place
FRANK COWAN COMPANY LIMITED
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LIABILITY OF ARENA OPERATORS
ESTABLISHING GROUNDS FOR DEFENSE
Based upon the type of investigation that is undertaken to establish a defense to
claims of liability against the Municipality, certain common things come to the fore in
respect of what a Municipality should do in order to provide themselves with adequate
protection in defense of a claim. It is certainly not expected that a Municipality will
have a perfect system in place, but rather that a Municipality will behave reasonably
in order to prevent the users of their parks and recreation programs from suffering
injury while on the property. In order to do that, and to provide a defense in the event
that claims do come forward, the following main areas are stressed as being
imperative as part of the Risk Management Program.
1.
2.
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An understanding of what the responsibilities (duty of care) are to the public
in the provision of services.
A understanding of the reasonable standards for operations and maintenance
of both the activity and the related equipment.
3.
A documented system of regular inspection to ensure that the facilities and
equipment are safe and in good working order, and a system of follow-up and
remedial activity to correct any deficiencies.
4.
A system of rules, procedures and evidence that these rules were
communicated to participants and enforced by the service provider.
5.
Documentation of the various programs in place and the proper training of staff
to carry out these plans. This training should include procedures of how to
inspect the facilities, how to run the various programs and how to respond in
the event of an accident in both the actions at the accident scene and the
reporting of incidents.
It is often argued that it costs money to put a risk management program in place to do the
sort of things referred to above. It is difficult to disagree with this, but it is stressed that
these sorts of activities are all part of doing your job properly. Too often, the employees
have had an "I don't care" attitude, but this is changing, and will continue to change if there
is a commitment to get employee participation in such programs. There is certainly no
guarantee that even if such a program is in place the Municipality will be able to escape from
liability, however, systems of loss control, such as those that were discussed in today's
seminar, will help to establish grounds for good defense to liability claims that take place and
even more importantly, should allow the Municipality to feel more confident about the safety
of the programs being provided to its residents.
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FRANK COWAN COMPANY LIMITED
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REFRIGERATION RISK
MAINTENANCE DATA
Maintain permanent logs of Pressure, Temperature and other perti-
~nt data.
Pressure
~ Condenser Pressure I
~ Suction Pressure (high and low systern.s)
~ Oil Pressure at Compressor (specify actual gauge or differentia!
pressure) .
) Liquid Pump Pressure on Recirculated Systems
Temperature
~ompressor jacket water temperature (in and out)
) Receiver Liquid Temperature
) Oil Temperature
) Water Temperature in and out of shell and tube condensers
) Water Temperature in sump of Evaporative Condenser.
) Compressor Suction. and Discharge Temperatures
) Recirculated Liquid Temperature
) Storage Room Temperatures
) Outside Temperature (dry bulb and wet bulb)
. Other
) Operating hours of each compressor
~) Oil level in each compressor
:) Any refrigerant, oil or other additives put in the system
.) All repairs, changes or adjustments. This applies to items done
JìJ..n a routine or s~heduled basis also those done on an unscheduled
Wr emergency basis
. Analyze these recordings each day. When they differ from design
r established limits; determine the cause and make corrections
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! I)A TA REQUIREMENTS
Are drawings available
: Are specifications available
. Are pressure vessel(s) certif. posted
Plant rated under 125kw
r Plant rated over 125kw
, VENTILATION
I Is machine room ventilated properly?
I Is ventilation system in good order?
. Is ventilation system wired independenùy?
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I HOUSEKEEPING
, Is machine room clean?
Any, oil slicks?
Any rubbish in machine room?
SAFETY EQUWMENf REQUillEMENTS
Docs the fire department know your plant?
Is the fire department phone # posted?
Is key personel phone # posted?
Is MCCR or insurance phone # posted?
Are opernting procedures available?
])0 operntors know safety procedures?
Are emergency lights in machine room?
Are safety shower stations available?
Are safety eye wash stations available?
Are gas masks available?
Are air packs with air tank available?
Are full rubber suits available?
Are there protective rubber gloves?
Are there protective rubber boots?
8re there protective rubber slickers?
Are there vented goggles or face shields?
Are fire extinguishers in their place?
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Is a safety rope available?
Is there a water hose with fogging nozzle?
Is û1ere any open flame aparatus?
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IN SERVICE REPAIRS AND ALTERATION
Were there any pipe tie-ins?
Was any equipment added?
Was any equipment replaced?
Was certified tradesman used?
Was any J.I.Scl equipment used?
Was any of the above tested?
Was above inspected by MCCR/insurance?
VALVES
Are emergency valves tagged?
Are main liquid valves tagged
Are main valves protected?
Are valve stems corroded?
Do any of the valves need re-packing?
Any valve seats leaking?
When were relief valves tested?
Are relief valves properly sized and set?
Are dual manifold used when required?
PIPE LINES
Are pipe lines corroded?
Are pipe lines properly supported?
Will safety lines release refrigerant
rapidly and safely?
Are liquid lines that can be valved off
protected by relief devices?
Are all pipes labeled?
Insulated pipe or vessel showing
vapour barrier failure?
-;ENgRAL
\rc high level liquid floats in operation?
~an any part of the plant be isolated?
\re liquid-level gauge classes protected?
\re pressure gauges calibrated?
:an oil be drained safely?
\re all dead end lines sealed (plugged)?
\re there any refrigerant leaks (smell)?
\Ie there any air ducts through machinery room?
s plant kept free of noncondensable?
)oes condenser need de-scaling?
~Vben did plant have maintenance inspection?
:;pare refrigerant cylinder properly stored?
)p:rre refrigerant stored no more than 20% of charge?
is moving machinery properly guarded?
t\ny indication of substance abuse?
i\re tight fitting doors providing
5afe exit as per B52 7.101
LIMITING DEVICES
Is refrigeration plant guarded?
Do all compressors have safety controls?
High pressure cut out tested?
Oil failure limiting devices tested?
Low pressure cut out tested?
High discharge temperature tested?
Water temperature cut out tested?
Oil temperature cut out tested?
Oil level control checked?
Water solenoid operating/closing?
Are electric OIL properly.'sized?
BRINE SYSTEM
What is the brine P.H.?
What is the brine density?
Low temperature safety tested?
Is brine system kept hardfull?
OPERATING SAFETY CONDITIONS
'\pproximately how many power failures do you have per year?
'1'\111 your machine room fe-start automatically?
How many liquid high level shut down per year?
1:>0- you usually know why"
Nse you using any energy management system?
DDCS your system(s) have automatic liquid transfer, for backup for high level shutdown?
Càn you cycle machines without disrupting the system?
J).o all operators know how to operate the plant safely?
Is there a possibility of hydrostatic pressure in any part of the plant?
INSPECTOR'S REMARKS:
Date:
Inspector:
Operator
YES' NO
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ACCIDENT REPORT FORM
Centre or Facility
Injured Person
Address
Age Sex Date of Accident
Was injured person: A participant 0 A spectator 0
Name of activity engaged in
Name of League or Group
Description of Accident
Phone No.
Time
Extent of injuries
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First Aid or Care Given
Did StatIPerson Witness Accident?
Previous Prevention
WITNESSES:
Name
Address
Phone
Date of Report: Signed:
FOLLOW-UP (For use of Insurance Company only)
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ARENA SAFETY CHEC1<LJST
~ame of facility
Address
Facility Manager
Date of inspection
By whom
position
FINDINGS
Area
Condition Notes/Comments
Acceptable Unacceptable
Good
Ice condition 0
Breakaway nets 0
Boards 0
-i-ighting 0
~enches 0
Gates 0
Glass enclosures 0
Air quality 0
Penalty boxes 0
Officials' box 0
Evacuation procedure 0
Emergency Exits 0
Emergency medicaID
Telephone 0
Heating system 0
Other danger areas 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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Report filed with
(e.g.¡ branch. rink manager. etc.)
~esponse requested Yes
Action Taken
No
Date
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It
Arena Ice Risk Maintenance Activities
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. Measure ice thickness regularly (1-1 Y2" min. recommended)
. Check temperature of ice (as well as gauges)
. Flood in goal creases
. Solidity of ice around goal net pin anchors
. Resurfacing schedule - mandatory/optional
. Extra resurfacing for excessive use (ie. public skating)
. Checking and patching holes in ice after free-style figure
skating
. Thickness of ice over ice paint ( lines)
. Frosted areas near header trench
. Slippery floors at ice resurfacer exit from water/snow
. Restriction of public in ice resurfacer room (snow pit)
. Protrusions, sharp edges on board and glass system
. Maintenance (tune-up) of ice resurfacer to control carbon
monoxide
. Adequate ventilation (air change)
. Adequate lighting levels
. Condition of ice at initial installation
. Condition of ice after shaving
. Condition of ice during special events
. Monitor resurfacing patterns
. Monitor amount of water applied in relation to snow removed
. Record regular and special ice maintenance activities
. Automatic/~anual operation of refrigeration equipment
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APPENDIX II
..~ß\ÉMI¡!~I'~è~mIBr:~7X'[;iJ'EDXeIS\ลก;;XI\lf~@~@'ÊNí1r:rNfu ..' . ..1
ACCIDENT PROCEDURES
þ
8
DO THE FOLLOWING DO NOT DO THE FOLLOWING
1. Do stay as calm as possible. 1. Do not attempt to admJnister first aid
or move an injured person if you are
2. Do check for injured persons. Provide not qualified to do so.
first aid (only if qualified) or comfort if
required. 2. Do not transport any seriously injured
parties.
3. Do call for assistance as required.
- from supervisors/management 3. Do not make any admissions of
- from police, fire, ambulance or liability in respect of the accident.
qualified medical personnel
4. Do not discuss the accident with
4. Do obtain names and addresses of all anyone other than authorized
people involved in accident. investigators such as police or your
own municipal insurance adjusters.
5. Do obtain names and addresses of any
witnesses. 5. Do not discuss the accident with the
media. Refer them to management.
6. Do document the details of the
accident including location, time, 6. Do not obtain written statements
description of activity, injuries, etc. from the injured or the witnesses.
(Facts only please!) Leave that to professional
investigators.
7. , Do draw a diagram or take a picture of
the accident location if necessary. 7. Do not interfere with the investigation
by the police.
8. Do complete an accident report, make
notes of pertinent information and 8. Do not provide written opinions on
forward immediately to your supervisor. any accident reports about how you
could have prevented this accident.
9. Do cooperate with police and with your
own insurance company investigators.
10. Do feel free to contact your local
insurance broker or adjuster for advice.
Emergency numbers should be on file
for serious situations.
8
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8
8
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APPENDIX I
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t
OCCUPIERS' LIABILITY ACT
3. --- (1 ) AN OCCUPIER OF PREMISES OWES A DUTY TO TAKE SUCH CARE
AS IN ALL THE CIRCUMSTANCES OF THE CASE IS REASONABLE TO
SEE THAT PERSONS ENTERING ON THE PREMISES, AND THE
PROPERTY BROUGHT ON THE PREMISES BY THOSE PERSONS ARE
REASONABLY SAFE WHILE ON THE PREMISES.
(2) THE DUTY OF CARE PROVIDED FOR IN SUBSECTION (1) APPLIES
WHETHER THE DANGER IS CAUSED BY THE CONDITION OF THE
PREMISES OR BY AN ACTIVITY CARRIED ON ON THE PREMISES.
8
(3)c THE DUTY OF CARE PROVIDED FOR IN SUBSECTION (1) APPLIES
EXCEPT IN SO FAR AS THE OCCUPIER OF PREMISES IS FREE TO AND
DOES RESTRICT, MODIFY OR EXCLUDE HIS DUTY. 1980,c.14, s.3.
4.--- (1) THE DUTY OF CARE PROVIDED FOR IN SUBSECTION 3 (1)
DOES NOT APPLY IN RESPECT OF RISKS WILLINGLY ASSUMED BY THE
PERSON WHO ENTERS ON THE PREMISES, BUT IN THAT CASE THE
OCCUPIER OWES A DUTY TO THE PERSON TO NOT CREATE A DANGER
WITH THE DELIBERATE INTENT OF DOING HARM OR DAMAGE TO THE
PERSON OR HIS PROPERTY AND TO NOT ACT WITH RECKLESS
DISREGARD OF THE PRESENCE OF THE PERSON OR HIS PROPERTY.
8
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OCCUPIER'S
DUTY
IDEM
IDEM
RISKS
WILLINGL Y
ASSUMED
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