Managing Incidents

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Managing Incidents Risk
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Objectives

• Review the types of incidents that occur in parks
• Outline a logical framework to deal with
  incidents
• Define risk and discuss issues involved
• Discuss steps involved in managing risk
• Readings
• Worboys et al. 2005 Chapter 15.
• Worboys et al. 2001 Chapter 12. (251 259)
• Reference
• CALM (1998) Visitor Risk Management and Public
  Liability. Best Practice Report for ANZECC
  Benchmarking Program. (Enviro Australia website)

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Quick Overview

• What are some of the methods we can use to
  finance parks?
• What are three methods for collecting user fees?
• List 3 pros and 3 cons of user fees

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Crap Happens! and People can be amazingly
stupid

• Fire
• Extreme weather
• Whale strandings
• Kidnaps
• Robbery
• Road accidents
• Illegal collection of flora or fauna
• Traumatic events

Source the Advertiser 26/8/01
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Responding to an IncidentWhats important?
Incident emergency event, or series of events,
accidentally or deliberately caused, which
requires a response from one or more government
agencies - Emergency Management Australia 1998.

• Need to be well-prepared and have a systematic
  plan in place
• Need to stay calm
• How do we get there?

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Managing Incidents

• Analyse the potential of incidents
• Research protocols
• Formulate policies
• Develop incident plans
• Organise logistics
• Train staff
• Manage Incident
• Analyse need for rehabilitation / staff
  counselling
• Debrief

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Incident Control System

• Based on delegation
• Limited span of control
• Managed by objectives
• ICS Team control, operations, planning,
  logistics

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Incident Control System
Example A fire
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Risky Business
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Definitions

• Hazard
• A situation or condition with the potential to
  cause injury or damage
• Risk
• the probability of a hazard resulting in injury
  or damage together with the seriousness of the
  injury or damage
• Visitor Risk Management
• the systematic application of management
  policies, procedures and practices to the tasks
  of identifying, analysing, treating and
  monitoring the broad range of visitor risk which
  threaten an agency or its ability to achieve its
  objectives

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Risk is measured in terms of likelihood and
consequences
I.e. What can happen? , How and why?, How
bad could it be?
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Risk likelihood x consequence
It also likelihood x OUTRAGE! Public perception
is important
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Why the interest in Risk Mgt?

• Concern about increasing litigation
• Cost of insurance
• Reaction to high profile incidents
• Cave Creek platform collapse in New Zealand
• Margaret River cliff collapse
• Thredbo Landslide
• Swiss Canyoning Disaster

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Why Worry???

• On-going expectation to provide some recreational
  experiences with elements of risk and low level
  of management control
• Statutory responsibility

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Why manage risk?

• Duty of Care under common law
• Government Requirements
• indemnity
• insurance
• National Parks and Wildlife Regulations

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A typical indemnity

• The Contractor must indemnify and keep
  indemnified the Minister from and against any
  costs, loss, expense or liability of any kind
  howsoever suffered or incurred by the Minister in
  respect of any loss of life, personal injury or
  disability, loss of damages to property, or any
  other loss whatsoever arising out of
• any negligence or wrongful act or omission by the
  Contractor in connection with or incidental to
  this Agreement
• any breach of this agreement by the Contractor.
• The Contractors obligation to indemnify the
  Minister under this clause must be reduced in
  proportion to the extent that any act or omission
  of the Minister contributes to the loss or
  liability.

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Objectives of Risk Management

• To be pro-active rather than reactive to risk
  exposures
• To link with emergency response planning
• To assist in establishing best practice

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Factors Affecting Standard of Care

• Hidden vs. Obvious Risks
• Level of Use, Type of Visitor
• Severity of Possible Injury
• Burden of Implementation (time, cost, effort) vs.
  Risk of Danger
• Impact on amenity, natural and cultural values
• Past Experience

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Risk Management Overview
Establish the Context
Identify Risks
Analyse Risks
Monitor and Review
Communicate Consult
Evaluate Risks
Treat Risks
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Step 1 Identify Risks

• Develop a list of all risks associated with an
  area or activity
• Develop checklists to use when physically
  inspecting the area and/or observing visitor
  activities
• Inspect the area and talk to visitors
• Record all risks identified

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Step 2 Assess the Risks

• Gather information about each risk identified
• Think about the likelihood of an event (the
  frequency of exposure a visitor has to the risk
  and the probability that an accident will occur)
• Assess the probable consequences (number of
  people at risk, likely severity of an injury)
• Use the exposure, probability and consequence
  estimated to calculate the level of risk

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The Risk Calculator
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Step 3 Manage the Risks

• Elimination of the Risk (when risk is considered
  very high)
• Transfer some of the risk to reduce
  responsibility (eg. Signage to allow visitor to
  make an informed decision)
• Reduce risk probability (eg. Supervised tours
  only, mandatory info/training sessions)
• Reduce risk impact (eg. Limit access)
• Accept the risk (if low risk)

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Options in treatment of risk

• Accept---------------- ------ (pray)
• Avoid----------------------- (make no money)
• Reduce the Likelihood--- (minimise chance)
• Reduce Consequences-- (minimise damage)
• Transfer------------------- (insurance,
  partner, lease)
• Retain---------------------- (carry risk)

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Apply Common Sense

• Prepare Contingencies
• select suitable locations
• first aid provisions
• radio communications equipment
• test procedures

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Step 4 Monitor and Review

• Review the proposed control measures to be
  applied
• Apply control measures if the review indicates
  they would reduce risk and would not introduce
  new risks
• Undertake regular assessment and stringent
  documentation to monitor the effectiveness of the
  control measures

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Why document?

• Evidence you are aware of risk and have a desire
  to prevent mishap
• Demonstrates to a court of law or a Coronial
  Inquiry why you are not liable
• Establishes that you manage a business which
  cares for the welfare of its clients
• because memory is very UNRELIABLE!

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Documentation

• Risk register
• risk treatment action plan
• incident report form
• hazard information handouts
• hazard warning signs at locations
• monitoring and evaluation checklist

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Important Cases in Australia

• Nagle vs Rottnest Island (WA)
• Romeo vs. Conservation Commission of NT
• Megan Harper vs Natural Resources and Environment
  (VIC)

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Learning from Legal Precedents

• Parks must take reasonable care to protect
  visitors
• Parks must have standards of care.
• Standards alone are not sufficient
• Courts rely on reasonable person theory
• What would a reasonable and prudent person do in
  that situation.

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Liability

• To be liable you must be shown to be negligent.
• Key ways to prove negligence
• Did something unlawful
• Improper Performance of Task
• Didnt Do Something You Should Have