Download - Protective Devices, Regulations, and the Law
Protective Devices, Regulations, and the Law
Core Concepts in Athletic Training and TherapySusan Kay Hillman
Objectives
Explain the function of a voluntary standards organization and describe how such an organi zation might affect sport equipment.
Explain the significance of the National Operating Committee on Standards for Athletic Equipment seal on protective headgear and discuss ways in which that seal would serve to protect the wearer.
Identify the factors considered in determining legal liability for an injury that occurred after alteration of protective equipment.
Discuss areas in which product liability might play a role in athletics.
IntroductionProtective equipment is designed to limit injury
due to common occurrences in sport
Tape and pads can also be used by ATC’s Care must be taken to understand rules and
regulationsDo not modify equipment Keep protective equipment functioning
Liability for altered or faulty equipment
Standards for Equipment Design and Reconditioning
Some sports (football, rugby, soccer, lacrosse) use special equipment that is considered part of players uniform
Athletes must wear to participateAthletes may choose additional protective equipment
Governed by various standards Manufactured equipment easily fabricated and
modifiedCan fabricate in athletic training room also
Standards for Equipment Design and Reconditioning
To ensure quality of equipment, governing bodies have been established to set necessary standards Additionally equipment must be reconditioned and inspected if it is
to be sued more than 1 season International Organization for Standardization (ISO)
Worldwide voluntary standards committee Develops international standards fro specific products
American National Standards Institute (ANSI) Voluntary standards development organization Connection to ISO standards network Screens product design, evaluates it, and eventually presents the
developed standard to ISO Consumer Products Safety Commission (CPSC)
Governmental regulatory agency that deals with safety of all products
Protect public from unreasonable risks of injury and death
Regulating AgenciesAmerican Society for Testing and
Materials (ASTM)Number of subcommittee’s that
focus on testing materials and products used throughout industry, recreation and leisure
Write standards for materials, products systems and services
Regulating Agencies National Operating Committee on Standards for Athletic
Equipment (NOCSAE) In U.S athletic equipment standards issued by NOCSAEAfter establishment in 1969 began testing football helmets
Determine safety of the model relative to concussion criteria in a severe football impact simulation
Established testing standards. Gold standard for testing most sports helmetsEach sport has its own set of NOCSAE standards NOCSAE symbol indicates the product design meets
NOCSAE standardsAlso sets standards fro reconditioning and reevaluation
helmets
Other Regulatory Agencies
Reconditioning and Maintenance of Athletic Headgear
NOCSAE most widely recognized certification
Yearly inspection of all equipment should be performed
Some equipment supervisors inspect their own equipment and send only certain products to reconditioned
National Athletic Equipment Recondition AssociationInspects helmets for defects and
deficienciesLoss of integrity means automatic
rejection
Reconditioning and Maintenance of Athletic Headgear
Throughout season ATC or Equipment supervisor should inspect helmets Defect and proper fit
Proper Fit guidelinesSnug and not rotateUpper edge of shell should be 2 finger
widths from athletes eye browsBack of helmet covers occipital boneFacemask 3 fingers from noseEar hole lines up with ear canal
Agencies for Development of Sport Safety Rules
Rules and Regulations for the Use of Protective Equipment
Differentiate between equipment that is
required or recommended and equipment that is forbidden for particular sport
Regulations governing younger players more strict
Guidelines for equipment use and regulations published each year in NCAA sports Medicine handbook
Agencies for Development of Sport Safety Rules
NCAA-Required and -Recommended Protective Equipment
If player is not wearing proper equipment they are removed from competitionHeadgear
Protect cranium or scalpBaseball , softball, football, ice hockey, lacrosseWrestling and water polo require protection over ears
Face, Throat, and Mouth ProtectionSports with risk of laceration of the facePrevent fingers or other objects from coming close to
the faceCollision sports with a potential for concussion or oral
trauma will use mouth guards
Protection of the Chest and Shoulders
Thick open celled material in combination with hard plastic outer shellDistribute local-impact shock
onto larger surface area.Shoulder pads or chest protection
Protection of the Lower Extremities
Joints of lower extremity often in contact with ground or with other players
Superficial location of bony prominences makes protective padding valuable
Baseball catchers, hockey goalkeepers, football and soccer players at increased risk
Agencies for Development of Sport Safety Rules
Illegal or Restricted EquipmentTo limit unintentional injury to other player
some equipment has been made illegalSee Table 5.6
Fabricating Custom Protective EquipmentTraining personnel fabricate custom
protective equipment in A.T. roomEvaluate legal liability
Should not be fabricated if could cause an injury or worsen existing condition
Adhere to rules and guidelines for the sport
Legal Concerns About Equipment Use in Sport
Tort: involve an individual seeking to blame someone other than themselves for an injury or resulting conditionMust show one of following reasons for
issuing the legal actionIntentional harm to the personIntentional harm to the tangible propertyNegligenceStrict liabilityNuisanceHarm to tangible personal interestsHarm to tangible property interests
Legal Concerns About Equipment Use in Sport
Responsible person failed to take action that another person of equal abilities and training would have taken in the same circumstances
If AT fails to meet standard of care AT could be held negligent
Could be held liable If the following are shown
Ignorance of the Law Ignoring the LawFailure to ActFailure to WarnExpense
Liability NegligenceAttempt to shift focus of responsibility onto
someone else Injured party might name any number of athletic
department employees
Determination of Liability
When indivisual chooses to play a sport knowledge of potential risk must be well undertsood
Assumption of risk
Injured individual may shift blame to person who issued equipment, those who provided medical care, and those who performed coached on techniques
Courts must decide if their was negligence and who will be held liable
Product and Manufacturer Liability
Facility or Playing Surface Problems
Sporting Equipment
Improper Care or Modification of Manufactured Products
Manufacturer’s Liability
Protecting Oneself From Legal Misfortune