Duty of Care 1 - Risk Management Overview

Details: Written by: Tony Marsh; Category: Duty of Care; Published: 01 November 2011; Created: 01 November 2011; Last Updated: 19 May 2022; Hits: 10107

Duty of Care 1 - Risk Management Overview

Risk Management is a four step process.

Step 1: Identify hazards

Step 2: Assess risks

Step 3: Control risks

Step 4: Review

Hazard	Risk	Likelihood	Consequence	Risk Rating	Risk Controls
Bush fire	Injury or Death	Moderate for a midsummer walk in bush or forest Unlikely in winter or wet conditions	High	High Low	Walk leader to check with local land manager before starting a walk in a fire prone area during fire season Carry a radio and mobile phone on extended walks during the fire season to check daily fire status Overnight walkers to take food that doesn’t require a stove Research the walk area in terms of fire zone, emergency exit routes & safe places Consider cancellation of the event No day walks in forest areas on a total fire ban day.
Extreme cold	Frostbite, Hypothermia, Death	Likely in alpine areas and wet windy conditions with high wind chill factor	Critical	High	Clothing checklist for remote areas,mountain areas Gear checklist for overnight walks Leader must confirm that party members are carrying minimum clothing requirements (include day walks if cold conditions and off trail) Club provides health / safety emergency-response training /education.
Extreme heat	Dehydration / Heat Stroke	Moderate in Summer	Medium Critical	Medium High	Clothing checklist Club provides health / safety emergency-response training/education Gear checklist includes capacity to carry adequate amounts of water Leader (remote and extended walks) must make every attempt to confirm water availability and inform party members if special measures required e.g. carry extra water.
Snake Bite	Injury Death	Unlikely Unlikely	Medium Critical	Low Low	Gear checklist includes gaiters, snake bite bandage Club provides health / safety emergency response training /education
Dehydration	Immobility	Likely in summer in steep terrain	Medium Critical	Medium	Leader to make effort to ensure water availability and advise participants accordingly as to how much water to carry Provision of training/education to advise of the risks of dehydration and strategies to avoid it
Extreme terrain					Events have a grading system so participants are aware of what the event will entail Leaders to advise potential participants of the terrain and the nature of the activity Leaders must be satisified that the participants have the appropriate skills and abilities Leaders must ensure that appropriate equipment is carried
Mine Shafts	Injury or death	Likely in some areas	Medium Critical	Low	Leaders must warn participants of the danger
Flooded rivers, seas, tidal crossings	Drowning	Likely in some areas	Crtitical	Low	If an event involves crossings after heavy rain in catchment areas or hight tides leaders must determine condition of bridges or crossing points and plan an alternative route
Electrical storms	Lightning strike or tree fall	Likely in some areas	Critical	Low	Club provides health / safety emergency response training / education
Property damage	Leaving gates open	Likely in some areas	Medium	Low	Club protocols about private property, gates, animals, vehicles, control of children etc
Vehicle accident	Accident, injury , death	Likely in some conditions	Critical	Low	Club protocols on driving distances, sharing driving, finish time of walks, driving in unsealed, mud and/or snow conditions - overnight stays if appropriate

1. Duty of care has been described as the responsibility to refrain from causing other persons injury or loss.

2. In terms of bushwalking clubs, the test of an activity leader’s or participant’s duty of care could be:

What a reasonably prudent person would do to take reasonable care to avoid exposing fellow participants (having regard to their knowledge, age,experience and skill) to unreasonable risks of injury or loss.

3. Furthermore, in the case of bushwalking clubs there is normally a high level of expectation on the part of club committees and activity leaders that participants will take responsibility for their own welfare and safety in a manner consistent with their knowledge, age, experience and skill. Therefore all participants and leaders need to take reasonable care to avoid exposing any person including guest participants to unreasonable risk of injury or loss.

4. Liability occurs when a duty of care was owed and that duty was then breached. Public liability is when the loss, injury or damage is to person or property although these are decisions for courts to make.