19 January 2024

Instructor sentenced to jail over participant's death


[Article - https://www.channelnewsasia.com/singapore/safra-instructor-acsi-student-rope-obstacle-course-death-4047391?fbclid=IwAR0bNq9JC7WZyxSFB_Rx0plDbFxyhQCL3TSFZVTS3vndE8ymY4EYAIryrcA]

I can understand if this article is not written by someone with more intimate knowledge of the profession, but some parts of the article got me wondering:
  1. Is there any significance to describing the instructor as a 'volunteer'? What difference does it make?
  2. The instructor was charged with causing "grievous hurt to Jethro through a rash act by illegally omitting..." Are safety procedures also 'laws'? I'm not a legal expert, but does this mean that if practitioners, in the course of their duties, overlook a procedure (let's assume it doesn't result in serious consequences), they are in fact breaking a law? Or is it that the nature of the consequence determines if the act (of overlooking a procedure) is unlawful?
  3. "According to the prosecution, a participant who had worn the harness properly would have been able to climb back onto the obstacle more easily as the person would have been in a higher position." Particularly with the use of daisy chain straps, this highlights the importance of attaching it to a participant such that there is not too much slack. I have seen many cases where, due to time or participant pressures or maybe even due to poor training, instructors just use the full length of the daisy chain rather than assess the individual participants' heights and attach accordingly.
  4. There were two other instructors stationed at the towers in between the obstacles. If the instructors are required to observe participants negotiating the obstacles, then they should have noticed that Jethro was not properly harnessed and either a) asked Jethro to turn back to the despatch point so that his harness can be adjusted properly or b) when Jethro arrived at the first tower, the instructor there could help adjust his harness.
  5. While Hakim's lawyer said that "he had exercised a poor split-second judgment call", the other possible area of poor judgement is the time that elapsed from when he fell off to being lowered to the ground from the obstacle, which was about 30 minutes. Typically, in high ropes rescue scenarios that require lowering a participant to the ground, the whole procedure should take between 3-5 minutes. It appears that the decision to lower Jethro took too long and came too late.

Article: How Risk Management Is Sucking The Life From Kids' Paddling Trips

Reading this, the feeling of frustration comes through quite strongly. Apart from some false equivalences and whataboutisms in the article, there are some pertinent paragraphs.
To me, the key points are:

  • Risk assessment is an established and widely accepted practice, but it is often seen as a bureaucratic burden or a document to CYA. (Cover Your A**)
  • There is a lingering lack of trust placed in the people who perform the assessment and outline the mitigation strategies. It is worth noting that risk assessment (ideally) is a group effort, bringing in collective wisdom, buy-in and accountability.

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From Paddling Magazine

https://paddlingmag.com/stories/stop-sucking-life-kids-paddling-trips/

 

No more outings for the outing club. This was the gist of the many newspaper headlines in April when Penn State University shared its controversial risk management review of its 79 student clubs.

While the university publicly acknowledged the many benefits students gain participating in outdoor activities like hiking, backpacking and paddling, it also stated the university would no longer allow the 98-year-old Outing Club to organize student-led, outdoor trips.

Campus Recreation at Penn State remains focused on providing as many opportunities in the outdoors as possible, while also keeping safety as a priority,” the statement read. The Outing Club, as well as Penn State’s caving and diving clubs, were deemed to have “an unacceptable level of risk in their current operation model.

IT’S ABSURD FOR A SCHOOL BOARD TO APPROVE A YEAR-END, CAPSTONE PADDLING TRIP FOR STUDENTS WITH THE CAVEAT THERE IS NO SWIMMING ALLOWED, EVEN IF EVERYONE WEARS A PFD

The university’s martial arts and rifle clubs were allowed to continue. The Penn State Outing Club decision received a lot of press, but it’s just one example in a trend sweeping across North America.

For more than a decade, there has been a noticeable erosion of the joy factor on guided youth paddling trips. The culprit is the risk management frenzy in our risk-averse society. These decisions are often made by school board officials with a fear of litigation and a general lack of familiarity with outdoor environments and activities.

Overbearing risk management plans are diluting the outdoor experience. And from recent stories of school- and camp-organized trips, it’s not surprising if a kid goes once and never wants to participate again.

It’s absurd for a school board to approve a year-end, capstone paddling trip for students with the caveat there is no swimming allowed, even if everyone wears a PFD.

Other programs mandate youth on trip are not allowed to handle knives—pocket knives and kitchen knives—or stoke the fire. If kids can’t swim, tend to the fire, whittle or help with dinner—what are they left doing? Probably wishing they had Snapchat.

There are many benefits to learning to manage risk. In healthy doses, outdoor risk builds confidence, independence, self-regulation and other life skills. Are the real risks students face every day on and off campus—driving to school, for example—smaller than those they would experience on an organized paddling trip? And are they providing comparable benefits? Certainly not.

 If it was safety we were truly concerned about we would wear helmets not just in rapids but in the van ride on the highway to the trailhead. Data from one of the most comprehensive studies of whitewater rafting injuries in the United States from 2002 highlights whitewater rafting—considerably more risky than any flatwater trip—ranges from approximately 2.2 to 8.7 fatalities per million participant days, whereas driving motor vehicles results in approximately 152 fatalities per million participant days. Canoe and kayak tripping fatalities didn’t make the list.

Contextualizing risk is important. According to the National Safety Council in the United States, in 2009 there were 35,000 motor vehicle fatalities, of which approximately 2,000 were children under the age of 16. There were also 5,300 pedestrian fatalities, 8,600 fatalities from unintentional public falls, 4,500 fatalities from unintentional public food poisoning and 800 fatalities while bicycle riding.

Those numbers might sound scary but remember the U.S. had 306.8 million citizens in 2009. Approximately 610,000 died of heart disease the same year. In the many real risks we encounter every day, outdoor recreation barely makes the list yet receives disproportionate outcry.

A 2014 report by the NCAA revealed nearly one in 10 of the United States’ 70,000 college football players reported suffering multiple concussions during their college career, which is linked to long-term brain damage, including higher rates of dementia. Why is an elevated risk of injury—especially traumatic brain injury—acceptable on a sports field? Colleges aren’t keeping stats on concussions in outdoor adventure because they’re so rare.

We need to stand up for paddling and its minimal yet inherent risks. These are inextricably linked to the joys and benefits of the activity itself. As paddlers, we need to help schools, camps and community groups move beyond a narrow safety-only focus.

If meeting safety standards is the sole mark of success for a paddling trip, the bar is set very low. Should safety be a given? Yes. All trips must be safe. Safety first, but not safety only. As safe as necessary, but not as safe as possible. Let’s then move onto higher aspirations, goals and motivations. Why not instead focus on instilling joy and a love of the activity and the landscape.

To complement and parallel the many outdoor adventure risk management conferences, we need joy management conferences. Time spent with other guides, teachers and club leaders discussing the merits of a particular campfire game, messy desserts and the best swimming holes. Time spent on ensuring the next generation learns to cherish wild places, instead of fear them.

On the slippery slope we’re descending, risk-averse decisions could become paddling-adverse programs. And this would be joyless for all.

 

About the authors

Bob Henderson, Ph.D has taught outdoor education at university for more than 35 years. He is the author of Every Trail Has a Story: Heritage Travel in Canada and More Trails, More Tales. For more information visit www.bobhenderson.ca.

Ryan Howard, Ph.D. is the Director of Research, Risk and Innovation with ALIVE Outdoors. He is a designated Canadian Risk Manager and consults with government agencies, school boards and organizations on a variety of risk management issues and audits.