In response to rising injury claims, government entities are increasingly emphasizing the importance of comprehensive risk management procedures. Experts highlight that effective risk management plays a crucial role not only in preventing accidents but also in providing a defense in the event of claims.
Risk management strategies are especially important during large, diverse events where the risk of accidents may be higher. According to Debbie Kaminskas, a partner at Colin Biggers & Paisley, understanding the “number and diversity of people attending” is a key aspect in preventing potential incidents.
A successful risk management plan begins with identifying potential risks, such as those posed by equipment, event locations, and the nature of the activities. When risks are unavoidable, the next step is to assess their severity.
Kaminskas points out a common issue in risk management: overly broad delegation of responsibility. “The courts have often held that delegating responsibility to everyone to keep a lookout for risks is commonly insufficient to ensure that the risk does not materialize,” she explained. Clear designation of roles for risk monitoring improves accountability and effectiveness.
Regular reviews and updates to the risk management plan are essential to ensure its relevance and effectiveness. Kaminskas advises including safety inspections and audits to identify new risks and adapt the plan accordingly.
Documenting incidents and near-misses is also critical for refining risk management strategies and preparing defenses against claims. Having clear procedures for reporting and investigating incidents helps ensure that all stakeholders remain informed and that the plan stays up-to-date.
Incorporating and following a robust risk management plan helps minimize the occurrence and impact of claims, fostering a culture of safety and risk mitigation within government operations.
Kaminskas emphasizes that while plans and policies are important, adherence to these strategies, along with evidence of compliance, is essential for defending against any future claims.
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