INSURANCE Insurance issues for members

REPS insurance scheme We often get enquiries concerning the extent to which a class participant should be responsible for their own actions, particularly if they failed to properly draw attention to a condition that could affect their ability to safely participate in a class.

An example could be where an instructor has a client who is hard- of-hearing in their class, and who hadn’t mentioned it on their pAR-Q form. Once made aware of this the instructor may have concerns as to how this might affect the client’s safety. In a busy class it’s imperative for a client to be able to follow instructions (including direction on posture, body alignment, stance and breathing as well as following the routine) for their own well- being as well as that of other participants. In situations like this we’re often asked who would be liable in the event of an injury? Could the instructor still be liable even though the participant has failed to provide full information?

The simplest answer one can give is that the instructor MAY be liable in the event of an injury to this participant or any others within the class.

prior to learning of the client’s condition there could have been an argument for the participant being liable, having failed to make the instructor aware of their condition when asked to do

so by completing the questionnaire. However once the instructor is aware of the issue (and irrespective of whether they have been made aware by the client or by a third party) the instructor must take all appropriate steps to ensure the client is not a risk to themself or other members of the group, if the client is to continue within the group session.

Even the client refusing to wear a hearing-aid would not necessarily change matters either. Again, as the instructor is aware of the refusal to wear the hearing-aid they must take appropriate steps to minimise any risk. If the instructor believes that the use of the hearing-aid would return the client to the same capacity as other members of the group then they should insist upon it.

In the event of an accident, provided that the instructor has taken measures to ensure the client is at no greater risk to themself or others in the group AND the instructor’s level of training makes them qualified to adapt the mainstream session to accommodate an individual who is hard-of-hearing, then the REps Insurance scheme, where purchased, would engage if the instructor is held liable.

To find out more about the REps Insurance scheme please call 020 8686 6464 or visit www.exerciseregister.org

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The REps Journal 2009;00(Month):00-00 The REps Journal 2011;20(March):26