Approximately 95% of all injuries are both predictable and preventable. The injuries result from unsafe environments, conditions and behaviours. By.

Approximately 95% of all injuries are both

predictable and preventable. The injuries

result from unsafe environments, conditions

and behaviours. By recognizing, changing,

and controlling these factors, most injuries

can be prevented.” (

Ministry of Health Promotion)

½ of all school injuries are a result of

physical activity: PE class

Recess

DPA

Intramurals

Extracurricular

How does that impact your role?????

Owe their students a DUTY OF CARE

Must offer a STANDARD OF CARE

http://www.oct.ca/publications/professionally_speaking/december_1998/duty.htm

Regulation 298 under the Education Act says that it is the

duty of a teacher to "carry out the supervisory duties and instructional program assigned to the teacher by the principal."

Teachers must "ensure that all reasonable safety procedures are carried out in courses and activities for which the teacher is responsible."

The Act and regulations do not specify what

degree of supervision is required. Such

decisions are made by supervisory officers,

principals, teachers, and boards. Although it

is not the duty of school authorities to keep

students under supervision during every

moment, common sense must prevail.

1. the greater the number of students,

the less the required supervision of each

individual student

2. the lower the age and experience of

the students compared to the

sophistication of the activity, the closer

the supervision

3. the higher the degree of difficulty or

risk of injury, the closer the supervision

4. the poorer the condition of the

equipment and the greater its

unsuitability, the greater the risk of

injury and therefore the closer the

supervision.

That of a prudent parent

Varies depending on the activity

PE teachers are generally held to a higher

standard of care because they are required

to know more than the average parent

about the dangers inherent in PE activities.

Factors considered: Suitability of activity to age & condition of students

Degree of skill or training of students

Condition and arrangement of equipment

Supervision required

TORT – a legal wrong that may result in a reward for damages◦ Negligence is the MOST important one for

teachers!◦ (assault, libel, slander, false imprisonment,)

Liability = responsibility

Negligence – failure to do something that a reasonable and prudent person would do◦ 4 elements of negligence

1. Duty of Care – a legal obligation under the

Education Act, may include in-school and after-school hours

2. Breach of Duty – by act or omission (not every

accident involves a breach of duty)

3. Injury – must have occurred to prove liability (usually physical, often permanent injury)

4. Proximate Cause – injury must be the result of

teacher’s breach of duty

Occupier’s Liability – Boards have an obligation to eliminate risks to persons entering the property (school/business purposes, social purposes, trespassers)

Supervisory Obligations – “in loco parentis”, and in PE, specialised knowledge of safety

Statutory Obligations – provincial statutes, e.g. every school board is required to “keep the school buildings and premises in proper repair and in a proper sanitary condition, provide suitable furniture and equipment and keep it in proper repair, and protect the property of the board”

Contributory Negligence – responsibility is apportioned on a percentage basis to all parties whose behaviour was negligent, including the victim (under 6 yrs rarely held responsible, between 6-17 a variable standard is used)

Vicarious Liability – Board found responsible for teacher’s actions, but only within scope of employment, including school-sponsored trips & extracurriculars

Voluntary Assumption of Risk – waivers DO NOT WORK for children; parents cannot waive their children’s rights! Teachers must judge the risk and assume veto power over participation of any one student.

Thin-Skulled Plaintiffs – teachers accept students as they are, regardless of any lack of ability or disability (still responsible for any injuries). Teachers must KNOW their students!

Common Practice – procedures commonly accepted in the profession

Supervision – refer to safety guidelines Instruction – Are your students receiving

adequate instruction prior to an activity? Are they aware of the risks involved? Have you explained/demonstrated the safety precautions?

Planning – Do your lesson plans and unit plans include proper sequence of skills? Do your plans include safety measures?

Students – what curriculum expectations can be met?

Records on file in main office Special circumstances for PE:

◦ Asthma inhalers◦ Epi-pens

Levels of approval – Principal, Board Consent forms Transportation Emergency contact information Emergency Action Plan Facility inspection Appropriate instruction Checklists

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Sample Emergency Action Plan The following must be readily available:1. Location and access to a first aid kit;2. Location and access to a telephone and communication zones for cell phones;3. Telephone number of ambulance and hospital;4. Directions and best access routes to hospital;5. The whereabouts of a suitable and available means of transportation;6. Other requirements as found in the OPHEA Guidelines;7. Telephone numbers of Board personnel as outlined in the School Bus Procedure 8. Health Card numbers and emergency contact information for

all participants

Provide a judgement – was the student,

teacher or Board found negligent?

Should the “careful and prudent parent” standard of care required of teachers be abandoned in favour of the competent practitioner standard required of other professionals? 

Is gymnastics too dangerous for schools?  Should it be optional for the student?  Should it be abandoned altogether? 

What measures can teachers take to ensure that they are aware of all the “thin skulls” in their classes? 

How can teachers conform to the very exacting standard of care required for handicapped pupils? 

1. Students must be informed of the dangers inherent in the activity and must be

instructed in safe practices before becoming involved in the activity. 

2. The teacher must be present during the activity and must be observing it with a view to avoiding accidents. 

3. The location and the equipment must be suitable for the activity and must be safe. 

4. Parental consent must be obtained for activities undertaken outside the regular school program.