Take 10 – Lesson #5

Designing a Facility Designing a Facility Orientation: Creating a Orientation: Creating a

Safety CultureSafety CultureJoAnn Eickhoff-Shemek, Ph.D., FACSM, FAWHP

President and FounderThe Fitness Law and Risk Management Academy, LLC

www.fitnesslawacademy.com

Disclaimer: The “educational” information in this PowerPoint presentation should not be construed to

be the provision of legal advice. For individual legal advice, it is necessary to obtain legal counsel inthe jurisdiction where such appropriate advice can be provided.

Topics• Purposes of a Facility Orientation

• Professional Standards• Case Law Example

• Information to include in a Facility Orientation

• Instruction on proper use of equipment/facility• Awareness of safety policies and signage• Instruction on safe principles of exercise• Programs/services offered by the facility

• Documentation of participation• Refusal to participate in a Facility

Orientation• Creating a safety culture

Purposes of a Facility OrientationPurposes of a Facility Orientation

Facility orientations help:Facility orientations help:Minimize injuries and enhance safetyMinimize injuries and enhance safetyDemonstrate adherence to published standards and Demonstrate adherence to published standards and guidelines as well as court rulingsguidelines as well as court rulings

Professional Standards and GuidelinesProfessional Standards and Guidelines Many of these publications require and/or recommend that new Many of these publications require and/or recommend that new

members/participants are offered an orientation to the facilitymembers/participants are offered an orientation to the facility For example, in For example, in ACSM’s Health/Fitness Facility Standards ACSM’s Health/Fitness Facility Standards and Guidelines, one of and Guidelines, one of

standards states:standards states:

“ “ Once a new member or prospective user has completed a Once a new member or prospective user has completed a pre-activity screening process, facility operators shall then pre-activity screening process, facility operators shall then offer the new member or prospective user a general offer the new member or prospective user a general orientation to the facility” orientation to the facility” (1)(1)..

Purposes of a Facility Orientation – Cont.Purposes of a Facility Orientation – Cont.

Court RulingsCourt Rulings In In Thomas v. Sport City, IncThomas v. Sport City, Inc., the court stated: ., the court stated:

““members of health clubs are owed a duty of reasonable care to members of health clubs are owed a duty of reasonable care to protect them from injury while on the premises…[This duty] protect them from injury while on the premises…[This duty] necessarily includes a general responsibility to ensure that their necessarily includes a general responsibility to ensure that their members know how to properly use gym equipment” members know how to properly use gym equipment” (2)(2). .

Additional cases involving “instruction” are described belowAdditional cases involving “instruction” are described below

Information to Include in a Facility OrientationInformation to Include in a Facility Orientation

Instruction on proper use of exercise Instruction on proper use of exercise equipmentequipment It is unlikely that teaching the proper use of each piece of It is unlikely that teaching the proper use of each piece of

equipment can be completed in an orientation, however there equipment can be completed in an orientation, however there are several things that can be done to stress the importance are several things that can be done to stress the importance of proper use, form, breathing, etc. such as: of proper use, form, breathing, etc. such as:

Demonstrate/teach them proper use on some pieces of both Demonstrate/teach them proper use on some pieces of both cardio and resistance equipmentcardio and resistance equipment

Inform them of the warning labels on each piece of equipmentInform them of the warning labels on each piece of equipment Inform them of the instructional placards – either placed on each Inform them of the instructional placards – either placed on each

piece of equipment or next to it (these are available through the piece of equipment or next to it (these are available through the distributer/manufacturer)distributer/manufacturer)

Provide them handouts that describe how to properly use the Provide them handouts that describe how to properly use the exercise equipment or have this information available on the exercise equipment or have this information available on the facility’s websitefacility’s website

USF Campus Recreation department has video and written USF Campus Recreation department has video and written descriptions of how to properly perform numerous exercises using descriptions of how to properly perform numerous exercises using the equipment – go to: the equipment – go to: www.usf.edu/CampusRec and click on the and click on the section Fitness and the Exercise Librarysection Fitness and the Exercise Library

Information to Include in a Facility OrientationInformation to Include in a Facility OrientationInstruction on proper use of exercise equipment – Cont.Instruction on proper use of exercise equipment – Cont.

Point out and a review the Facility Safety Point out and a review the Facility Safety Sign Sign

(to be posted in the facility as required by ASTM Standard (to be posted in the facility as required by ASTM Standard F1749)F1749)

ASTM Standard F1749 (3)

Information to Include in a Facility OrientationInformation to Include in a Facility Orientation

Awareness of safety policies and signage Point out and review the posted Fitness Facility Policies Point out and review the posted Fitness Facility Policies

(see next slide for an example)(see next slide for an example) Also:Also:

Include these policies in your membership agreement that Include these policies in your membership agreement that members sign – their signature indicates they agree to members sign – their signature indicates they agree to follow themfollow them

Specify in the membership agreement the consequences of Specify in the membership agreement the consequences of not adhering to the policies and verbally communicate thisnot adhering to the policies and verbally communicate this

Explain the purposes of the policies,Explain the purposes of the policies, e.g e.g., we genuinely care ., we genuinely care about creating/providing a “safe environment” for everyone about creating/providing a “safe environment” for everyone – the safety of our members is our #1 responsibility as well – the safety of our members is our #1 responsibility as well as the #1 responsibility of all membersas the #1 responsibility of all members

Point out and review additional safety signage in the Point out and review additional safety signage in the facility, facility, e.g.e.g., spas, hot tubs, saunas, locker rooms, swimming , spas, hot tubs, saunas, locker rooms, swimming poolspools

Information to Include in a Facility OrientationInformation to Include in a Facility OrientationAwareness of safety policies and signage – Cont.Awareness of safety policies and signage – Cont.

Return equipment such as dumbbells and exercise balls back to their storage racks after use.

No personal equipment is allowed in the facility, e.g., gym bags, purses, exercise equipment, etc. Lockers are available to store personal belongings.

Proper workout attire is required. Shirts must be worn at all times. Closed toe athletic shoes must be worn in the Fitness Facility.

Please wipe down equipment after use. Disinfectant wipes are provided throughout the facility.

No one under the age of 16 is permitted in the Fitness Facility without parent/guardian supervision. No one 13 or younger is allowed to use the Fitness Facility unless enrolled in one of our youth programs.

No food or chewing gum is permitted in the Fitness Facility. Water bottles are allowed. 

Please be courteous of others using the Fitness Facility and display appropriate behavior at all times.

Follow all signage that is posted on the equipment and throughout the Fitness Facility.

Fitness Center Policies

Information to Include in a Facility OrientationInformation to Include in a Facility Orientation Instruction on safe principles of exercise

Principles such as: warm-up, cool-down, monitoring intensity (point out HR & RPE charts posted in the facility), proper breathing especially when lifting weights, progression/overload, signs/symptoms of overexertion, risks of exercise, etc.

Provide written information on safe principles of exercise For example: handouts, booklet (see booklet

on next slide), information on the facility’s website -- then review and verbally discuss some of the most important safety principles in the Facility Orientation

Information to Include in a Facility OrientationInformation to Include in a Facility OrientationInstruction on safe principles of exercise – Cont.Instruction on safe principles of exercise – Cont.

This 32-page booklet, written by two leading authorities in Exercise Science, will benefit both fitness participants and professionals.

Benefits for fitness participants:•Provides instruction on important safety principles•Includes education on basic fitness concepts•Presented in a user-friendly format – easy, quick to read and understand

Benefits for fitness professionals and facilities:•Provides important information to review with new members/clients during Facility Orientations – a unique benefit to your facility•Helps minimize legal liability by carrying out your legal duty to provide proper instruction*•Promotes a “safety culture” in your facility  * Discussed on next slide

This Fitness Booklet is available for purchase(see www.fitnesslawacademy.com for details)

Information to Include in a Facility OrientationInformation to Include in a Facility OrientationInstruction on safe principles of exercise – Cont.Instruction on safe principles of exercise – Cont.

How can this Fitness Booklet help minimize your legal liability? The failure to provide proper instruction is one of the most common negligence claims that plaintiffs make when they file lawsuits against fitness professionals and facilities.

Case Examples:

Case #1: An expert witness testified that the plaintiff’s stroke was likely due to the failure of the plaintiff’s personal trainer to (a) properly instruct and supervise her to ensure breathing was continuous while performing resistance exercises, and (b) warn her about the risks of the Valsalva maneuver during weightlifting (4).

Case #2: An expert witness testified that the plaintiff’s cardiac arrest was likely due to the failure of the fitness staff to carry out their legal duty to orient/educate the plaintiff on the (a) importance of cool-down and (b) concept of blood pooling (5).

These important “safety” concepts along with many others are covered in this Fitness Booklet. By providing this booklet to your participants and reviewing it with them, it can help you create an effective defense, if ever needed, by providing evidence that you did not breach your duty to instruct your participants on important principles of fitness safety.

Information to Include in a Facility OrientationInformation to Include in a Facility Orientation Programs/services offered by the facilityPrograms/services offered by the facility

The Facility Orientation provides an excellent The Facility Orientation provides an excellent opportunity to promote your programs/services such opportunity to promote your programs/services such as:as:

Programs for the recreational athlete -- high fit, low riskPrograms for the recreational athlete -- high fit, low risk Programs for the general population -- apparently healthy, low Programs for the general population -- apparently healthy, low

riskrisk Programs for special populations -- at risk, medical conditionsPrograms for special populations -- at risk, medical conditions

Highlight/promote the qualifications of your fitness Highlight/promote the qualifications of your fitness staffstaff

The credentials you require for your group exercise leaders The credentials you require for your group exercise leaders and personal trainersand personal trainers

Professional staff – those with degrees and professional Professional staff – those with degrees and professional certifications such as HFI and CSCScertifications such as HFI and CSCS

Discuss other unique features and benefits of your Discuss other unique features and benefits of your facility and programs such as:facility and programs such as:

Variety of program offerings, Variety of program offerings, e.g.e.g., programs for persons with disabilities, programs for persons with disabilities

Connections/partnerships with the communityConnections/partnerships with the community

Documentation of Participation Documentation of Participation in the Facility Orientationin the Facility Orientation

Documentation can help provide a good Documentation can help provide a good defense, at least in part, if there is ever a defense, at least in part, if there is ever a negligence claim or lawsuit made against the negligence claim or lawsuit made against the facility such as the failure to carry out a legal facility such as the failure to carry out a legal duty to provide instructionduty to provide instruction

For each Facility Orientation, keep the For each Facility Orientation, keep the following in a secure place:following in a secure place:

The names of the members/participants who attended The names of the members/participants who attended the orientation the orientation

The name(s) of the staff member who led the The name(s) of the staff member who led the orientationorientation

The date of the orientationThe date of the orientation The lesson plan – content (topics) taught in the The lesson plan – content (topics) taught in the

orientationorientation

Refusal to Participate in a Facility Orientation

Some members/participants may not want to Some members/participants may not want to attend one of your Facility Orientationsattend one of your Facility Orientations

Have them read and sign a “refusal form” that Have them read and sign a “refusal form” that describes:describes:

Purposes of the orientationPurposes of the orientation Benefits of attending a facility orientationBenefits of attending a facility orientation Potential risks of not attending a facility orientationPotential risks of not attending a facility orientation

An example of a refusal form, can be found in An example of a refusal form, can be found in Risk Risk Management for Health/Fitness Professionals: Management for Health/Fitness Professionals: Legal Issues and StrategiesLegal Issues and Strategies (6, p. 234).(6, p. 234).

Creating a “safety” cultureCreating a “safety” culture

A Facility Orientation A Facility Orientation – designed and – designed and delivered as described in this presentation: delivered as described in this presentation: Demonstrates to your members and Demonstrates to your members and

participants your commitment to their participants your commitment to their safetysafety

Helps create a “safety culture” & Helps create a “safety culture” & environmentenvironment

Is Is proactive proactive -- reduces problems and -- reduces problems and complaints among members/participantscomplaints among members/participants

Helps minimize injuries and subsequent Helps minimize injuries and subsequent litigationlitigation

THANK YOU!To obtain a more in-depth understanding and application of legal and risk management concepts, register for oneof the “educational courses” at: www.fitnesslawacademy.com

References:References:1. Tharrett, SJ & JA Peterson, eds. (2012). ACSM’s Health/Fitness Facility Standards and Guidelines, 4th ed. Champaign, IL: Human Kinetics.2. Thomas v. Sport City, Inc. 738 S.2d 1153 (La Cir., 1999).3. ASTM, Standard Specification for Fitness Equipment and Fitness Safety Signage and Labels, F 1749.

(1996) West Conshohocken, PA: ASTM International. 4.Bursik, D. & Conway, G. (2013). Warning clients of possible effects of Valsalva with resistance exercise –

implications to the standard of care for fitness professionals? The Exercise, Sports and Sports Medicine Standards & Malpractice Reporter, 2(1), 11-12.5. Abbott, A. (2013). Cardiac arrest litigations. ACSM’s Health & Fitness Journal, 17(1), 31-34.6. Eickhoff-Shemek, JM, Herbert, DL & Connaughton, DP. (2009). Eickhoff-Shemek, JM, Herbert, DL & Connaughton, DP. (2009). Risk Management for Health/Fitness Risk Management for Health/Fitness

Professionals: Legal Issues and Strategies.Professionals: Legal Issues and Strategies. Baltimore, Maryland: Lippincott Williams & Wilkins. Baltimore, Maryland: Lippincott Williams & Wilkins.