In the face of escalating injury claims, government entities are increasingly recognizing the importance of robust risk management procedures. As noted by Debbie Kaminskas, a partner at Colin Biggers & Paisley, risk management is vital not only for preventing incidents but also providing a defense should claims arise.
The implementation of risk management strategies is particularly crucial during events with diverse and large attendance, which inherently increases the potential for accidents. According to Kaminskas, assessing the "number and diversity of people attending" is a key factor in preempting possible incidents.
First and foremost, developing a risk management plan involves identifying where potential risks may occur. This involves evaluating the equipment used, the location of the activities, and the nature of the events themselves. For risks that are inherent and unavoidable, the next step is to determine the severity.
Kaminskas also highlights a common oversight in risk management, where responsibilities are too broadly assigned: "The courts have often held that delegating responsibility to everyone to keep a look out for risks is commonly insufficient to ensure that the risk does not materialize. If it is everyone's responsibility, it is also nobody's responsibility." By designating particular roles for monitoring and managing risks, accountability and effectiveness are enhanced.
Regular updates and reviews of the risk management plan are necessary for ensuring its effectiveness. According to Kaminskas, these should include safety inspections and audits to adapt to new risks and learn from any incidents that do occur.
In the same vein, documenting any incidents or near-misses is also critical in refining risk management strategies and defending against claims. Establishing clear procedures for reporting and investigating incidents ensures that all relevant stakeholders are informed and that the risk management plan remains up-to-date and effective.
Ultimately, implementing and adhering to a risk management plan not only minimizes the incidence and impact of claims but also promotes a culture of safety and risk minimization within government operations.
"While it is of benefit to have plans and policies, it is also essential that those plans and policies are adhered to and evidence of that adherence is necessary to defend any subsequent claims that might arise," Kaminskas said.
