Category: Risk Management
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COVID-19 ISSUES - MVB Resuming Events Program

In response to both the NSW and VIC governments regulations surrounding social gatherings the MVB Committee has decided that as of Aug 20 2022 we are  now able to resume some events.

The MVB is inviting any member who wishes to rejoin events to please do so and to be assured that all event leaders will be complying with the current guidelines.

In practice this will be reflected in group size, mandatory registration for events, social distancing and maintenance of club equipment.

If a group leader has additional requirements concerning attendance at their event and members register it is assumed that they are in agreement.

MVB members are encouraged to comply with exisiting restrictions regarding not attending if feeling unwell, transport to each event and personal protective equipment

For up to date information for Victoria 
https://www.vic.gov.au/coronavirus-covid-19-restrictions-victoria 
 
For up to date information for NSW
https://www.nsw.gov.au/covid-19/what-you-can-and-cant-do-under-rules  
 

Dont forget you need to login to the MVB website to book in for an event!

The following information has been provided by

Matt McClelland Activities Coordinator National Parks Association of NSW

 

Epidemic/Pandemic Risk Mitigation

Introduction

There are periods of time where serious diseases spread through the broader community at alarming rates. This is notable in significant flu seasons and during times of global pandemics. Most significant pandemics have been flu based, but also have included SARs and the recent Covid-19 Coronavirus. It is important to not panic during times of disease outbreak, but it is equally important to take serious steps to help in the effort to reduce and slow the spread of the disease.

Purpose

The purpose of this document is to highlight the core behaviours or activities within the MVB bushwalking program that increase the risk of spreading infectious diseases, then to identify and implement mitigation strategies. At all times we should be looking to NSW Health for the latest advice that will continue to evolve during the spread of any significant disease. Ideally, we want to keep the bushwalking program running all year round. The program provides many direct health, social, environmental and economic befits. We aim to reduce the risk of infection to our members and the rate of spread of the disease through our broader community.

This is especially important to protect the most vulnerable people. There will be times when we need to cancel specific types of activities, encourage vulnerable members to not participate or lead, and potentially pause the program for time. Risks associated with bushwalking program The following table highlights the main transfer risks associated with the MVB bushwalking program. Some general terminology and points to consider; Risk of transfer refers to the risk of a pathogen (virus) being able to transfer from a person or surface to a participant. Transfer does not always lead to infection or disease. Transfer of a pathogen to someone’s hands may occur but if the hands are washed well before touching mucus membranes (eye, nose or mouth) the risk of infection is significantly lowered.

Corona virus risk mitigation matrix

 

Corona virus risk mitigation

Relevant control measures to implement

Participant & leader General Responsibilities

Personal Hygiene

Personal hygiene

Social Distancing

Social distancing

Contact Tracing

Advice from Bushwalking NSW Received March 21 2020

To all Bushwalking NSW members,

Bushwalking NSW appreciates that all bushwalking clubs are currently facing difficult decisions regarding how to respond to the COVID-19 pandemic. In the light of the rapidly changing situation and the uncertainty that this brings to all of us, clubs are making their own decisions on how to act. Bushwalking NSW offers the following advice to assist clubs. Please note that Bushwalking NSW cannot and does not mandate any specific action. 

All the best, and stay safe,

Bill Boyd

President

Bushwalking NSW Inc

 

The following information has been provided by the insurers Marsh Australia

Subject: RE: Bushwalking clubs and coronavirus 

Date: Sun, 22 Mar 2020 11:27:33 +0000 From: Richard, Robert <Robert.Richard@marshadvantage.com>

Hi Mike, 

Thanks for your email. We are in a very uncertain, fast-evolving environment. 

Regarding Personal Accident Insurance

The policy provides coverage for injuries sustained during the scope of cover (as per policy schedule). Personal Accident policies do not cover Illness, such as Coronavirus (COVID-19). 

Regarding Public Liability, I copy below “general guidance” from our Technical Team, regarding the impact on General Liability policies. 

Regarding Commercial General Liability (CGL) 

Generally, CGL policies may respond to pandemic events if the insured has been negligent in, or found legally liable for, failing to protect other persons/third parties from infection. 

The term “legally liable’ is very broad although it envisages civil liability rather than criminal liability. Legal liability can arise at common law or under statute or a contract with a third party. Most common law liabilities involve a negligent act or omission, that would need to be proved. 

We consider the possibility of such liability to be fairly difficult to prove if insured act reasonably to safeguard persons for which they have a duty to protect. 

However, such coverage could be triggered if liability is legally present or established. The wording of the coverage/operative clause under these policies typically read (in summary) as follows: 

  1. Insurers will pay to or on behalf of the Insured all sums that the insured becomes legally liable for Compensation in accordance with the law of any country or assumed under contract or agreement for Personal Injury or Property Damage. 
  2. Coverage is further qualified by: 

As can be seen from the coverage/operative clause, “legal liability” is necessary for this coverage to be triggered. If there is liability, then the policy will respond subject to the Policy’s limits. 

A CGL policy does not routinely include an infectious disease exclusion, however, the policy should be reviewed to ensure any deviation from this norm, particularly the more bespoke and manuscript wordings. 

That being said, the goal for all insured’s should be to minimise liability and preserve policy proceeds by ensuring that all reasonable precautions against Personal Injury spread of disease and protection of customers, or other third parties, is achieved. 

Most CGL wording will impose obligations on the Insured, which will typically be referred to as either ‘Insured’s Duties’ or “Reasonable Precautions” ( usually be found within the Conditions section of the policy). In both instances, it is a Condition of cover, that the Insured must take all reasonable steps, and at their own expense, prevent a Personal Injury, in this case spread of disease. Failure to do so could prejudice a claim. 

Accordingly, the risk response and review under the previous section of this advisory, particularly, subject to the rules of the relevant Departments of Health in each country, should be undertaken at all times. 

In terms of Bushwalking Australia’s Public Liability policy, refer to clause 8.7 (pg 13) for the “reasonable precautions” condition. 

Bushwalking Australia and entities will need to seek guidance from relevant Government Departments, to discharge your duty of care. 

This “Daily Sports News” provides some links to relevant Government resources, and actions that other sports have been undertaking: https://mailchi.mp/ausport/daily-sports-news-20-march-2020?e=7f990080f6 

All the best with the challenges that lay ahead. 

Regards, 

Rob 

Rob Richard| Principal – Sport, Marsh Australia Collins Square, Level 13, 727 Collins Street, Melbourne, Victoria 3008 

t: +61 9613 1437 | m: +61 427 651 840 | e: robert.richard@marsh.com | w: www.marsh.com