Page 36 - Risk Management for Outdoor Programs

Chapter Summary 1. Laws regarding outdoor safety have been developed to protect persons from harm, and should be complied with. 2. Legal frameworks vary widely in different jurisdictions. 3. Law can be established by legislative, executive and judicial branches of government. 4. Compliance with laws is mandatory; compliance with voluntary standards is recommended but not necessarily required. 5. Organizations should determine what laws apply to them, and seek their own qualified legal advice. 6. National laws about outdoor safety exist in places such as the UK, Switzerland, and New Zealand, and provide significant value. 7. States, provinces and other regions have outdoor risk management laws. 8. Specific activities such as sailing, paragliding, and mountaineering are regulated by laws. 9. In many areas, the legal duty of care for others exists; a breach can result in a charge of negligence. 10. Laws regarding occupational safety, buildings, transportation, finance, equipment, discrimination, child protection and more may apply to outdoor programs. 11. Legal requirements may be incomplete if they do not include a focus on safety culture. 12. In places with inconsistent rule of law, factors other than legal compliance may influence liability. 13. It is important to have evidence of conformity with legal requirements. 14. Stay current with changes in law through research, networking, and consultation. 15. Make verifiable, good-faith, well-informed efforts to manage risks to socially acceptable levels, and safety and liability outcomes are likely to be positive. Chapter 4: Legal Considerations 25