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Risk Management in Wilderness Education
Steve Beyer

Scope and meaning

The term risk management, as generally used, is systematically ambiguous between two meanings: it means, first, minimizing the risk of harm to clients and staff; and, second, minimizing the risk of legal liability for any harm that occurs. In this context, harm generally means physical injury or death, although other harms – such as injury to reputation – may be included as well. There is overlap between the idea of risk management and the idea of crisis management.

Risk management may be thought of in three phases:

prevention and planning – what to do before there is an accident or disaster, in order to prevent it from happening, or be prepared to handle and control it when it does;
handling – the immediate response to an accident or disaster; and
documentation and control – the long-term management of the consequences of the accident or disaster, including public relations, legal liability, and interaction with public authorities.

Prevention and planning

The Risk Management Committee

Central to the risk management process is the formation of a Risk Management Committee, which has primary responsibility for prevention of accidents and planning for emergencies. The Committee should have ready access to legal advice and should be prepared to work closely with the program’s insurance broker.

Prediction

One of the functions of the Risk Management Committee is to think through just what risks there are in your activities. Some of these may be obvious – for example, the risk of drowning while rafting or kayaking, or the risk of falling while rock climbing. Some risks may seem more remote – for example, the risk that a staff member will be accused of sexually molesting a client, or the risk that a noncustodial divorced parent will walk off with a child in your program, or the risk that a client will commit suicide while on your premises. In addition, the Committee should consider more general risks of fire, flood, and weather – including tornadoes or hurricanes – that may pose risks to your clients, staff, or property.

Insurance

You owe it to yourself, your program, and your clients to carry sufficient liability insurance to cover foreseeable risks. It is advisable for the Risk Management Committee to do an insurance audit with your broker and, ideally, with an attorney. Such an audit has two purposes – first, to make sure that there is sufficient primary and excess liability coverage for the level of risk in your program; and, second, to review any exclusions from that coverage that may be part of your policy. For example, some commercial general liability policies may exclude coverage for allegations of sexual assault or abuse or for injuries incurred while playing sports. It is important to be aware of any gaps in your liability coverage and to take steps to obtain any additional coverage necessary. In addition, you should determine whether your program’s liability coverage extends to your staff and to the officers and directors of your corporation. Some insurance companies provide coverage specifically designed for schools or outdoor programs, and you should investigate these with your broker.

Prevention

Once risks have been identified, it is important to take reasonable steps to prevent those risks from materializing. Of course, some risk is inherent in any outdoor or adventure program, and clients should be made clearly aware of those risks. Still, you and your program will be held to a standard of care that is reasonable under all the circumstances, taking into account the nature of the activity and the capacities of the participants. A client’s consent to a risk is not likely to preclude liability if reasonable steps were not taken to prevent the accident in the first place. Thus, the Risk Management Committee should develop written policies and procedures with regard to such topics as

safety procedures and practices for each activity, including plans for weather contingencies
technical skills required by staff for each activity
mandatory safety equipment for each activity, such as helmets, harnesses, personal flotation devices, and seat belts

appropriate conduct by clients and staff, including sexual activity and drug use
equipment maintenance and repair, including safety equipment, vans and automobiles, stoves, ropes, harnesses, kayaks, rafts, climbing walls
security issues, including personal identification and control of access to the premises
medical issues, such as the administration of medication to clients who are minors, or the use of Epi-Pens for clients who have allergies

In addition, the Risk Management Committee should oversee the drafting of informed consent and liability waiver forms as described in II.G. below.

Planning

Handling

The Risk Management Committee should develop written policies and procedures for handling an emergency when it occurs. It is important that there be a staff member designated and trained as the Emergency Coordinator on premises at all times. In addition, the Risk Management Committee should develop written policies and procedures specifying the protocols, equipment, and documentation for emergency response. These written policies and procedures might include

Emergency Action Plans for foreseeable contingencies such as fire, tornado, flood, missing persons
Emergency Action Plans for medical emergencies, including serious injury and severe allergic reactions
an Emergency Action Plan for each specific activity, including such items as emergency contacts, evacuation routes, and search and rescue protocols
protocols for the contents, location, and maintenance of emergency equipment, including firefighting, first aid, and search and rescue equipment,
protocols setting out the circumstances and timing for notification of public safety personnel, such as emergency medical services, police or sheriff, or fire department, and for putting the insurance carrier on notice of a potential claim
a set of forms for reporting and documentation, such as SOAP forms for medical emergencies or standardized forms for search and rescue operations

The time an emergency is occurring is not the time to be figuring out what needs to be done.

Documentation and Control

In addition, plans should be developed for the longer term documentation and control of accidents and disasters. One person, with the appropriate skill set, should be assigned the task of communication with clients, staff, parents, public officials, and, where necessary, the public generally. Staff should be made aware that all questions concerning the emergency should be channeled to the designated spokesperson, who will make the appropriate response. Staff should also have means to keep the Emergency Coordinator fully informed as information develops, who will provide the information as needed to the designated spokesperson. In this way, communications from the organization can be kept both as accurate and as consistent as possible.

Training

The Risk Management Committee should develop criteria for staff qualifications and training. For example, the Committee might require that a wilderness group leader be certified as a Wilderness First Responder, or that all residential staff be trained in Basic Life Support or wilderness first aid. Such qualifications should be noted in the staff member’s file, and updated as certifications are obtained or renewed. In particular, staff should be trained in the safety protocols and procedures of your organization, as outlined in II.D. above, and in emergency handling procedures, as outlined in II.E.1. above. Documentation of each training that has been completed should be made part of each staff member’s file.

Screening

The Risk Management Committee should develop appropriate protocols for screening clients and other participants in your activities. The necessary skills and capacities should be specified for each activity, including adapted activities. Depending on the nature of the activity and the clients, the Committee might require medical or psychological screening, including a form signed by a treating physician or psychotherapist indicating that the client is capable of participating in the activity. In some cases, the organization might set up its own psychological screening program. In any event, the program should require documentation of a client’s inoculation status, particularly with regard to tetanus. It is also important that the program be aware of any allergies a client might have, such as to peanuts or bee stings, and whether the client is taking prescription medications that might have to be administered by a staff member. In some cases, arrangements may have to be made ahead of time for staff to use an Epi-Pen if needed, or to hand out prescription medication to a client.

It is important for clients to give written informed consent to any risks that are foreseeable in your program. The Risk Management Committee should develop an appropriate written form for this purpose, and staff should ensure that such forms are completed and placed in the client’s file. The informed consent form should be clear, explicit, detailed, and thorough. In addition, clients should sign an appropriate liability waiver form.

Handling

When there is an accident or emergency, the Emergency Coordinator should be notified immediately in order to assume the overall command function. The Emergency Coordinator undertakes the appropriate notifications, coordinates emergency procedures, and works closely with the organization’s designated spokesperson where communication with clients, parents, staff, or governmental agencies is necessary.

Documentation and control

Communication

When something has gone wrong, you will have to communicate with clients, staff, parents, public officials, and the public generally. Under stressful circumstances, it is tempting to circle the wagons. This is often a mistake. It is better to try to provide accurate information, maintain your credibility, avoid confrontation, and seek consensus on ways to solve problems.

Documentation

Above all, documentation of the accident or disaster must be clear and accurate. Remember that your documentation will almost inevitably be available to a plaintiff if a lawsuit is filed against you or your program. Where documentation is necessary, it should carefully record the facts that are known at the time. The documentation should not lay blame, make judgments, guess, speculate, embellish, or in any way appear callous or unfeeling. Proceed on the assumption that your documentation of the accident or disaster will become public, either to the press or in litigation.

Resources

Gass, M. (Ed.) (1998). Administrative practices of accredited adventure programs. Needham Heights, MA: Association for Experiential Education.

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