Republic of the Philippines​

UNIVERSITY OF SOUTHEASTERN PHILIPPINES​

Iñigo St., Bo. Obrero, Davao City​
A.Y 2024-2025
​
College of Education

Bachelor of Physical Education

In Partial fulfillment of the Requirements in

PEd 233: ADMINISTRATION AND MANAGEMENT IN PE AND HEALTH EDUCATION

LEGAL AND SAFETY CONSIDERATIONS IN PE

SUBMITTED BY:

CARBON, GEM LORENZ

FRONTERAS, GERSIL
JARABE, FERMIN JHON
HERMOSILLA, FRETCHE
MONTERDE, FREDERICK JOHN

BPEd - 2 Students

Presented to:

MRS. CATHERINE ISON

 TOPIC 4: LEGAL AND SAFETY CONSIDERATIONS IN PHYSICAL
EDUCATION

SUBTOPIC I: LEGAL LIABILITY AND LEGAL RESPONSIBILITIES OF TEACHERS

AND SUPERVISORS

Liability in the Context of Physical Education

Legal issues in Physical Education are very germane to sports and physical activity
development. Consequently, PE teachers should be involved in studying the laws that
relate to P.E in the course of their professional preparation. It is worth nothing that today,
people are becoming more aware of their rights under the law.

Tort
A tort is an act of omission that gives rise to injury or harm to another and amounts to a
civil wrong for which courts impose liability. In the contexts of torts, "injury" describes the
invasion of any legal rights, whereas "harm" describes a loss or detriment in fact that an
individual suffers.

Negligence
Is a tort that is often used to implicate P.E teachers. It is very important that they
understand the nuisances of tortious liability and its relationship to the P.E profession.
They should also also be aware of the legal defenses available to them if, despite all
precautions, they are accused of negligence.

Some Suggestions for Safety Legal Liability

Physical education from its very nature is susceptible to accidents. Because activity is
vital to the growth and development of every student, teachers should not eliminate
vigorous activities from their programs on the sole basis of fear of accidents.

➢​ In the first place, they may be personally liable for their own negligent behavior
when it results in injury to someone else.
➢​ In the second place, a successful suit against the school may eliminate or
seriously affect the program.

Definitions
The following will give you a brief summary on legal liability and safety as it pertains to
physical education.

●​ Liability - according to Bouvier's law dictionary, liability is the responsibility, the

state of one who is bound in law and justice to do something that may be
enforced by action.
●​ Liability of the school personnel- any school employee (Teacher, principle, etc.
Can be held personally responsible for her/his. When a teacher is not negligent,
 however, there is no liability, regardless of the seriousness to an individual of the
injury.
●​ Tort- is a legal wrong, which results in direct or indirect injury to an individual or to
property.
●​ Negligence- The failure to as a reasonably prudent and careful person would
have acted under similar circumstances.

Legal Liability in Teaching Physical Education

Liability:
➢​ Lawsuits are increasing in physical education
➢​ Usually larger class sizes
❖​ Difficulty supervising larger classes
❖​ A greater chance of accidents occurring

Why Teachers Are at Risk for Liability

●​ Teachers are high profiled and high responsibilities
●​ Teachers are acknowledged as certified professionals
●​ Training and Schooling should be consistent with national standards

Negligence
●​ Level of negligence is determined in lawsuits.
●​ What role did the teacher play in attempting to avoid conditions that led to injury?
●​ What role did the teacher play in sufficiently or improperly providing adequate
care after an injury?
●​ Did the teacher act according to professional standards?

Parts to Negligence
●​ Duty
●​ Breach of duty
●​ Cause
●​ Damage
●​ Must have all four parts to be negligent

Typical Areas of Negligence in Physical Education

1.​ Supervision
2.​ Instruction
3.​ Classroom environment
4.​ First Aid Emergencies
5.​ Transportation

1. Teacher Supervision
●​ Determine whether students are properly and safely executing activities.
●​ Maintain an active, ongoing process of supervision throughout the activity.
●​ Encourage peer supervision as a supplement to teacher supervision.
2. Role of Instruction
●​ Teacher liability can be tied directly to students not being properly or sufficiently
instructed before performing an activity.
●​ Students should not be asked to perform movements when they aren't capable of
judging.
●​ Proper instruction must be given to students concerning proper protocols and
procedures for setting up, using, and taking down equipment.
●​ Instructions dealing with proper safety should be simply stated.

3. Classroom Environment
●​ Teachers must be vigilant and aware of potentially dangerous conditions
●​ There may be discrepancies between environmental conditions from day to day
●​ Space students accordingly to decrease potential incidents
●​ Use equipment only in the manner for which it was designed.

4. First Aid Emergencies

●​ Moving students are more at risk of injury than sedentary students.
●​ The teacher should be expected to provide appropriate assistance to an injured
student
●​ First aid - treatment for injury or sudden illness before the injured person has
access to hospital care or a treatment facility.
●​ Teachers should be trained in first aid and hold current first aid certificates.
●​ First aid procedures should be developed with colleagues and school staff.
●​ Procedures should be permanently displayed throughout the school.
●​ They should be incorporated into your class objectives.
●​ Be aware of all students with pre-existing conditions.
●​ In the event of an incident, write a detailed report
●​ Include a brief rationale of what prevention measures were in place.
●​ Be as specific and clear as possible.

5. Transportation
●​ Transportation to outside facilities for school activities raises several issues.
●​ Liability is a real concern.
●​ Follow school policies, procedures, and practices at all times.
●​ Obtain parental consent forms.

Negligence (summary)
1.​ Failure to Supervise - Not providing adequate and constant supervision of
students during P.E. activities, including in locker rooms, activity areas, and
during transitions. This is a primary area of concern due to the active nature of
P.E.
2.​ Improper Instruction - Failing to provide clear, correct, and safe instructions for
activities, equipment use, and safety rules. This includes not warming up
students properly, physically over-extending a student, or bypassing fundamental
skills.
 3.​ Unsafe Facilities/Equipments - Allowing students to use unsafe or poorly
maintained equipment, or conducting activities in hazardous environments
Ex. wet floors, inadequate lighting, obstructions
4.​ Lack of Emergency Preparedness - Not having an emergency plan, failing to
provide appropriate first aid, or not informing proper school personnel of first aid
procedures.
5.​ Ignoring Medical Conditions/Doctor’s Excuses - Failing to follow a student’s
doctor’s instructions or not providing special attention to students with special
needs
6.​ Permitting Unsafe Practices - Allowing horseplay, placing a student in the role of
sole supervisor, or permitting inappropriate running and jumping in hazardous
conditions.
7.​ Inappropriate Attire/Footwear - Permitting students to participate in activities with
inappropriate shoes or attire.

●​ Child Abuse (Republic Act No. 10627 and DepEd Order No. 55, s. 2013) -
Teachers can be held criminally liable if their disciplinary actions constitute
physical or psychological harm, debase, degrade, or demean the intrinsic worth
and dignity of a child. This includes any form of corporal punishment.
●​ Anti-Bullying Act (Republic Act. No. 10627 and DepEd Order No. 55, s. 2013 -
Teachers have duties to craft and follow policies to address bullying. Neglecting
these procedures or engaging in acts that could be construed as bullying can
lead to administrative and civil liabilities.
●​ Criminal Liability (Revised Penal Code) - For acts that go beyond permissible
discipline and constitute offenses like physical injuries, grave threats, or unjust
vexation.
●​ Civil Liability for Damages - If a teacher’s action (or inactions) cause injury -
physical, emotional, or psychological to a student, they can be sued for damages
Ex. medical expenses, moral damages

Rules of Thumb for Avoiding Negligence Claims

●​ Use a common sense approach
●​ Be aware of effective guidelines practiced by other professionals in the field.
●​ Follow procedures and practices that are addressed in national organization
guidelines.
●​ Follow procedures and practices that are presented in the text.

Situations where physical education teachers were accused of negligence and

taken to court
1. Not properly supervising locker room and facilities
2. Leaving activity room doors open and unsupervised.
3. Giving your keys to students.
4. Having students move equipment that they cannot handle easily.
5. Permitting horseplay.
6. Placing a student in the role of sole supervisor of a class.
7. Not establishing safety rules before class activity.
8. Not becoming involved in resolving conflict.
9. Neglecting to warm up students properly before activity.
10. Physically over-extending a student.
11. Ignoring prescribed curriculum.
12. Bypassing fundamental skills.
13. Not continually reviewing and updating a safety checklist
14. Not having a checklist.
15. Not having an emergency plan.
16. Permitting activity on a wet, slippery floor.
17. Not providing special attention to students with special needs.
18. Leaving unnecessary equipment in the way during activity.
19. Permitting students to wear inappropriate shoes or attire.
20. Using correct equipment improperly.
21. Participating in improper areas.
22. Using an inadequately lighted class area.
23. Hiring unqualified personnel.
24. Not informing proper school personnel of first aid procedures.
25. Not maintaining written records of objectives, incident reports, etc.
26. Not posting safety rules in conspicuous places.
27. Failing to check equipment on a regular basis.
28. Testing students' abilities before teaching necessary skills.
29. Permitting inappropriate running and jumping in hazardous conditions.
30. Not maintaining awareness of legal issues.

Legal Responsibilities of Teachers in Physical Education

1.​ Duty of Care - to act in a reasonable and prudent manner to ensure the safety of
students, similar to what a parent of ordinary prudence would exercise. This
involves foresight, observation, and purposeful supervision.
2.​ Adequate Supervision: Maintain an active, ongoing process of supervision
throughout all activities and in facilities like locker rooms.
3.​ Proper Instruction - Provide thorough and clear instruction on activities, rules,
safety protocols, and equipment usage.
4.​ Risk Mitigation - Take all reasonable steps to prevent foreseeable injuries. This
includes regular inspection of facilities and equipment, using appropriate safety
equipment, and keeping non-participating students out of harm’s way.
5.​ Emergency Preparedness - Be trained in first aid, have a well-communicated
emergency plan, and know procedures for handling injuries and illnesses.
6.​ Professional Standards - Adhere to professional standards of conduct and ethics.
7.​ Documentation - Maintain detailed records of safety checks, incidents, and
communication with parents/ guardians regarding student health concerns.
8.​ Positive Discipline - Employ constructive and non-violent methods of discipline,
aligning with the child’s age, maturity, and the seriousness of the misconduct,
while respecting their dignity.
Legal Liabilities and Responsibilities of Supervisors

A.​ School Principals, Physical Education Department Heads (in P.E.)

●​ Vicarious Liability - Schools and supervisors can be held liable for the
negligence of their teachers if it’s shown that the institution neglected to:
-​ Provide adequate supervision or training to teachers.
-​ Enforce policies that protect the welfare of students.
-​ Investigate and address reported misconduct promptly.
-​ Ensure qualified personnel are hired for P.E. instruction.
●​ Oversight and Policy Implementation:
-​ Ensuring that teachers adhere to company policies, meet
performance standards, and comply with legal and regulatory
requirements related to P.E. and safety.
-​ Implementing and enforcing school-wide safety policies and
procedures for P.E. activities.
-​ Ensuring that facilities and equipment are regularly inspected and
maintained to be safe.
-​ Establishing and monitoring emergency plans for the entire P.E.
department.
●​ Providing Resources - Ensuring that the PE department has adequate
resources
Ex. safety equipment, first aid supplies, trained personnel) to conduct
activities safely.
●​ Professional Development - Facilitating professional development,
opportunities for PE teachers, including training on innovative physical
activities, inclusion practices, and technology integration.
●​ Addressing Concerns - Promptly investigating and addressing any
reported safety concerns, misconduct. or negligence by P.E teachers.
●​ Compliance with Laws - Ensuring that all P.E programs and activities
comply with relevant Philippine laws and Department of education
(DepEd) orders, including those related to child protection and
anti-bullying.
●​ Curriculum Development - Collaborating with teachers and stakeholders to
develop a PE curriculum that meets educational goals and equips
students with the knowledge, skills, and attitudes necessary for lifelong
health and wellness, while prioritizing safety.
SUBTOPIC II: THE HAZARDS IN PHYSICAL EDUCATION AND SPORTS AND
SOURCES OF LEGAL RESPONSIBILITIES

Aims
●​ Understand common hazards in PE and sports.
●​ Learn legal duties and liability.
●​ Explore risk management and prevention.

Why It Matters
●​ PE is high‑risk: larger classes + active, unpredictable settings = more injuries.
●​ Teachers/coaches are seen as professionals and held to high safety standards.

Hazards in PE and Sports

Introduction
Out of all teaching careers, coaching and physical education is one of the most
hazardous ones, both for the worker, as well as their pupils. An alarming number of
injuries and accidents ranging from negligible to lethal are reported on a yearly basis. To
develop an effective risk management strategy, workers must first undergo appropriate
safety training.

Potential Hazards
The most common risks faced by coaches and physical education teachers are:

1. Musculoskeletal Disorders.
PE workers must stand and move for the majority of their working hours. Improper
posture, straining positions, or the physical stress of performing the same activity
repeatedly can lead to serious aches, pains, and tenderness. If left unattended, these
issues can rapidly develop into chronic problems that severely affect the health of the
employee. Aside from the cost of treatment, MSD injuries also cause a fair amount of
lost productivity, since the educator becomes unable to perform their job.
2. School Violence.
Conflicts between students are commonplace in classrooms. However, the latter usually
become even more pressing in a context where pupils are allowed to physically interact
with one another, especially in contact sports. Young children often perceive the PE
environment as an appropriate setting for expressing their emotions in a physical
manner. Violent behavior can manifest itself as verbal abuse, damage to property,
coercion, harmful physical behavior, as well as any kind of harassment. The victims of
school violence can be the coaches themselves or other students.
3. Improper Clothing or Equipment.
Jewelry, belts, smartphones and other items not recommended during physical
education can easily lead to injury. Certain sports require specialized protective gear
from the pupils, such as mouthguards, helmets, shin guards, or shoulder pads.
Gymnastics, acrobatics, and high-jumping, on the other hand, require different gym
equipment, such as block mats and gym mats, not to mention additional supervision. If
any of the equipment is in poor condition, this can lead to grievances among players.
4. Contagious Diseases.
Coaches come in contact with tens, sometimes hundreds of pupils on a daily basis.
Although some parents opt to keep their children at home when they get ill, others might
not. Students cannot be refused education solely based on health and safety concerns,
so educators have to be prepared to deal with potentially sick participants in their class,
since certain bloodborne pathogens can also be transmitted through bodily fluids that
become airborne when coughing or sneezing.

Other Hazards in P.E and Sports

❖​ Physical: improper warm‑up, overexertion, collisions.
❖​ Environmental: wet floors, uneven turf, poor lighting.
❖​ Equipment: faulty gear, misuse, lack of protective equipment.
❖​ Organizational: poor supervision, large class‑size, inadequate emergency planning.

Incident Prevention
Coaches and PE staff are required to undergo extensive safety training. Aside from
dangers to their own health, they have to be just as mindful of how their students
expose themselves during class. Pupils do not benefit from rigorous, official safety
courses prior to attending class, which puts them at increased risk. Young children are
less aware of the consequences of their actions, while adolescents and young adults
are capable of targeted violent acts.

Appropriate safety training programs will ensure that employees in coaching and
physical education have a carefully laid out risk management strategy. If used correctly,
such a plan can help prevent any incidents involving the teacher or their students, as
educators become more versed in acknowledging the red flags that lead up to incidents.
In turn, this enables them to intervene before accidents take place and prevent them
altogether.

Sources of Legal Responsibility in the context of Physical Education

●​ In loco parentis: schools act in place of parents, thus owe high duty.
●​ Duty of care: must foresee and reduce risk.
●​ Negligence (4 elements): duty, breach, causation, damage.
●​ Liability for breach: teacher or school can be sued for negligent supervision,
instruction, facilities, first aid, transportation.

Sources of Legal Liability in the context of Physical Education

A. Poor Supervision
-The teacher on duty during classes at noon hour or other specified times is responsible
for students at that time. He/she must be able to foresee possible injuries as a result of
dangerous play, etc. If the teacher is not present, foreseeability is impossible.
B. Poor Instructions
-The teacher is responsible for instructing students prior to their participation in physical
education activities. If a student is injured in an activity, which he/she had no instruction,
lack of foreseeability can be again shown on the part of the teacher. Written lesson
plans are a written record of foreseeability protection.
C. Failure to Warn
-Always share with students the possibility of injury related to specific activities. Making
students aware of potential danger is many times prevention of an accident.
D. Leaving Assigned Class
- Teachers who leave their assigned class even temporarily to get drunk or go to the
bathroom are placing themselves in a position which would constitute negligence.
E. Unsafe Facilities and Poor Equipment
- Holes in the play area, protruding objects in play area, faulty apparatus, etc are
examples. The teacher should check facilities and equipment in order to foresee
possible injuries.
F. Skill level and Over- Matching
-Teachers should not ask students to perform activities beyond their skill level or
over-match students in games and activities where size, strength, previous knowledge,
etc. would cause an injury.
G. Negligence from Other
- Injuries caused by the negligence of another student must be foreseeable. All teachers
should know what to expect from each student in behavior as well as performance.
H. Poor Protective Measure
- The teacher must provide for proper protection measures.
I. Liability of Equipment
- No teacher is allowed to use equipment in any manner except the manufacturer
designing it for and will assume responsibility for its use. Otherwise, places the district
and possibly the teacher in a position of liability.
J. Altering Equipment
- No teacher is allowed to alter equipment or the intended use of the equipment. Doing
otherwise places the district and possibly the teacher in a position of liability.
K. Installing Equipment
- Any equipment that is installed on a permanent basis should be handled through a
country or school work order

Common Mistakes Leading to Liability

Based on real cases:
1. Insufficient supervision (locker room, equipment, activity areas).
2. Unsafe conditions (slippery floor, blind spots).
3. Inadequate instruction (no warm‑up, poor demo).
4. Faulty equipment use or maintenance.
5. No emergency or first aid planning.
6. Ignoring special‑needs students.
7. Improper class size and unqualified staff.
Safety Rules and Procedures to Avoid Liability among PE Teachers
1. Always be there- Teachers should never leave their classes and should always have
all the students in sight when on the job. Teachers must be actively aware of class
happenings. This may require the teacher to frequently change position in viewing the
play/area. Periodically Check.
2. Facilities and Equipment- if there is a dangerous piece of equipment on the play area.
Put it in writing and give it to the principal with a copy for your files. Keep students off
the equipment or out of the area until repairs are made. If the equipment cannot be
repaired. Get it off the play area and destroy it as soon as possible.
3. Accentuate the positive in Teaching Safety- Avoid using "don't" as much as possible.
Stress the correct way of doing things. Tell the students specifically what they should
do.
4. Introduce Activities that are Appropriate to the skill level of the students- never
require a student to perform a stunt or skill beyond his/her capacity.do not over match in
games or activities. Keep in mind his/her ability, previous experience, height, weight and
attitude.
5. Designate Safety Zones around Apparatus-(golf, archery, ropes, etc.) Maintain soft
surfaces under apparatus that involve jumping or landing. See that playing areas are
free of broken glass, rocks, or other safety hazards. If repairs are needed, put it in
writing to the school principal with a copy for your files.
6. Mark sprinkler heads which may be above ground level in the area. Surveyors tape, a
bit of white rag, or an old rubber ball painted while may be put over the top.
7. Have sufficient space between playing group and around equipment.
8. Teach students to keep their eyes on the ball in a game even though they may not be
involved in the play. Refrain from throwing a ball to a student who is not watching.
9. Establish procedures about the correct way to recover a ball which may go into the
street or similar unsafe area.
10. See that shoelaces are tied, jewelry is removed and hair is protected in a safe
manner.
11. Avoid roughness.
12. When playing games in which striking objects (hats, rackets, sticks, etc.) are used,
establish a safety zone in which players must sit or stand while waiting their turn.
Require helmets to be worn in these safety zones and when at bat, etc.
13. Have students develop safety rules necessary for an accident free softball class,
i.e., drop the bat on the way to first base, catchers must wear a mask, and fielders'
gloves must be worn when playing with a regulation softball.
14. Chewing gum during activities should not be permitted.
15. Remove glasses in active areas or wear eyeglass guards.
16. Teach students to stay away from dogs that wander onto the fields.
17. Play most games on the grass areas except in cases where the condition of the field
makes it impractical.
18. Teach students to enter a line at the end.
19. Refrain from using a fence or wall for turning line races or delays. If students must
run toward a fence or wall, establish a turning line well in front of the fence or wall.
20. Teach students to control the impulse to throw the ball "one more time" or "shoot
one more basket" after the whistle blows to terminate activities.
21. Teach students to refrain from touching or pulling the volleyball standards out of the
sleeves in the court.

Risk Management and Best Practices in Physical Education

Introduction to Risk Management in PE

Risk management in Physical Education (PE) is a systematic process aimed at
identifying, assessing, and mitigating risks to ensure a safe environment for students. It
involves a proactive approach to managing potential hazards that could lead to injuries
or accidents during physical activities.

The importance of risk management in PE cannot be overstated. Physical education is

an essential part of a well-rounded education, promoting physical health, teamwork, and
discipline among students. However, it also involves inherent risks due to the physical
nature of the activities involved. Effective risk management helps in minimizing these
risks, thereby protecting students, staff, and the educational institution from potential
legal and financial consequences.

This guide provides an overview of risk management in PE, covering the identification of
potential risks, assessment and mitigation strategies, implementation of safety
protocols, and the review and update of risk management plans.

Identifying Potential Risks in PE

1. Common Hazards in PE Settings
●​ PE settings can pose a variety of hazards, including:
●​ Equipment-related hazards (e.g., faulty or poorly maintained equipment)
●​ Environmental hazards (e.g., slippery floors, extreme weather conditions)
●​ Activity-specific hazards (e.g., contact sports, gymnastics)
●​ Student-related hazards (e.g., pre-existing medical conditions, reckless behavior)
2. Risk Assessment Strategies
●​ To identify potential risks, PE educators can employ several risk assessment
strategies:
●​ Conduct thorough risk assessments: Regularly inspect facilities, equipment, and
activities to identify potential hazards.
●​ Review incident reports: Analyze past incidents to identify patterns or areas of
concern.
●​ Consult with experts: Seek input from experienced educators, safety experts, or
medical professionals.
●​ Observe student behavior: Monitor how students interact with equipment and
each other during activities.
●​ Role of Observation and Reporting in Risk Identification
●​ Observation and reporting are critical components of risk identification. Educators
should be vigilant in observing students during activities and encourage students
to report any hazards or incidents they encounter. An effective reporting system
ensures that incidents are documented and addressed promptly.
The following flowchart illustrates the risk identification process:

Assessing and Mitigating Risks in PE

1. Risk Assessment Frameworks and Tools
Several risk assessment frameworks and tools can be utilized in PE settings, including:
●​ Hazard identification checklists: Systematic lists to identify potential hazards.
●​ Risk matrices: Tools used to assess the likelihood and impact of identified risks.
●​ Decision trees: Visual representations to guide decision-making based on risk
assessment outcomes.
2. Strategies for Mitigating Identified Risks
Once risks are identified and assessed, strategies can be implemented to mitigate
them. These may include:
●​ Modifying activities: Adjusting the intensity or nature of activities to reduce risk.
●​ Improving equipment and facilities: Ensuring that equipment is well-maintained
and facilities are safe.
●​ Providing safety training: Educating students and staff on safety procedures and
protocols.
●​ Supervising activities: Ensuring adequate supervision during PE activities.
3. Importance of Emergency Preparedness Plans
Having an emergency preparedness plan is crucial. This plan should outline procedures
for responding to emergencies, such as first aid, evacuation procedures, and
communication protocols. Regular drills and training ensure that staff and students are
prepared in case of an emergency.

Implementing Safety Protocols and Procedures

1. Developing and Implementing Safety Policies
●​ Safety policies should be developed in consultation with relevant stakeholders,
including educators, administrators, and safety experts. These policies should be
clearly communicated to staff and students, and regularly reviewed and updated.
2. Training Staff on Safety Procedures
●​ Staff training is essential for effective risk management. Educators should be
trained on safety procedures, first aid, and emergency response protocols.
Regular training sessions and workshops can help ensure that staff are equipped
to manage risks effectively.
3. Ensuring Student Awareness and Compliance
Students should be made aware of safety protocols and procedures through:
●​ Safety briefings: Regular sessions to inform students about safety procedures.
●​ Posters and signage: Visual reminders of safety protocols in PE areas.
●​ Incorporating safety education: Integrating safety education into the PE
curriculum.
Reviewing and Updating Risk Management Plans
1. Regular Review and Update of Risk Management Plans
Risk management plans should be reviewed and updated regularly to ensure they
remain effective. This involves:
●​ Regular risk assessments: Continuously monitoring the PE environment for new
or changing risks.
●​ Reviewing incident reports: Analyzing incidents to identify areas for improvement.
●​ Soliciting feedback: Gathering input from staff and students on the effectiveness
of current risk management strategies.
2. Continuous Monitoring and Evaluation of Risks
Continuous monitoring involves regularly assessing the effectiveness of risk mitigation
strategies and making adjustments as necessary. This can be achieved through:
●​ Regular safety audits: Systematic evaluations of the safety of PE facilities and
activities.
●​ Ongoing staff training: Keeping staff updated on the latest safety procedures and
protocols.
3. Incorporating Feedback and Incident Reports into Risk Management Plans
●​ Feedback from staff and students, as well as incident reports, should be used to
inform updates to the risk management plan. This ensures that the plan remains
relevant and effective in managing risks.

The process of reviewing and updating risk management plans can be represented as
follows:

Conclusion for Risk Management in PE

Effective risk management in PE is crucial for creating a safe and supportive learning
environment. By identifying potential risks, assessing and mitigating them, implementing
safety protocols, and regularly reviewing and updating risk management plans,
educators can minimize the risk of injuries and ensure that students can participate in
physical activities safely.

Risk Management (Summary)

●​ Pre-activity checks: facility & equipment inspections .
●​ Active supervision: scanning environment, engaging with learners.
●​ Proper instruction: teaching safety rules, correct techniques, modeling demos.
●​ Documentation: injury logs, emergency plans, parental consent.
●​ First aid readiness: at least one certified adult present, clear protocols.
●​ Special needs: adapt activities, ensure inclusive participation.
●​ Informed consent: written agreements covering risks.
●​ Training & professional development: keep updated on laws, procedures.
Safety in Physical Education

Physical Education and the Law

Common law and statute law impose general duties on individuals and bodies. Any
breach of these duties which causes injury or loss may give rise to a claim for damages
(compensation), or sometimes even to criminal penalties. Although accidents will occur
because they cannot always be foreseen, teachers have a legal duty to work within a
system which demonstrates a realistic use of methods which successfully anticipate and
eliminate foreseeable risks.

"The law now expects that all physical education teachers will work within a "modus
operandi which identifies all the foreseeable safety problems associated with the
activities undertaken. The school must declare its own policies and practices which will
eliminate foreseeable risks. The head teacher must ensure that such a system is
operable, even by recently appointed staff. At least one teacher should be identified
whose responsibility it is to see that safe practice is realistic and working day to day." In
primary schools this will normally be the head teacher and in secondary schools the
head of physical education.

"Part of this preventative system will include the educating of all the pupils. They must
receive, appropriate to their needs, age and intelligence, clear guidance and experience
in what they must do to develop their own safe practice and knowledge. Young people
should not be caught out by their own ignorance.

"The law will reasonably expect that an individual school's "code of safe practice in
physical education" will reflect its own particular needs according to its programmes and
premises in addition to factors which it may have in common with other similar
establishments.

"Teachers and others with (the) legal responsibility (of acting in loco parentis) must
exercise the same duty of care as would a reasonable parent. In the case of pupils on
outdoor and adventurous activities, or at recreational and sports centres, this legal
responsibility falls to the accompanying teachers and cannot be delegated to instructors
and coaches." Schools should ensure that any instructors teaching children in such
activities are appropriately qualified and competent to do so.

In case of illness or injury it is the teacher who will decide what action is to be taken.

Teachers must always be present whenever a coach, instructor or sports development

officer is working with their children in school. Overall responsibility cannot be delegated
to swimming instructors during school swimming lessons.
"Under The Health and Safety at Work Act 1974 employers, which in the context of
education includes local authorities, governing bodies, managers of other premises
including outdoor centres and the self employed, are legally required to do all that is
reasonably practicable to ensure the health and safety of employees (teachers,
instructors, coaches and all other staff) and non-employees (which includes pupils and
others who enter the premises, such as parents) who are affected by their undertaking"

In order to meet these requirements an annual cycle on in-service training events will be
arranged for teachers which will cover:
●​ Safety in physical education
●​ Risk assessment
●​ Teaching swimming
●​ Teaching gymnastics
●​ Teaching trampolining
●​ Teaching outdoor and adventurous activities
●​ First aid
●​ Teaching children with special needs and physical education
●​ Apparatus work for primary NQTs
●​ Occasional in-service training events will be arranged to cover:
●​ Weight training
●​ Archery

It is the responsibility of schools to assess teachers' training needs and to ensure that
staff are competent and qualified to teach the activities they are engaged in.

Qualifications and Supervision

"A qualification may be defined as having the skills, knowledge, understanding and
competence necessary to effectively and safely plan, deliver and evaluate a programme
of activities to a class or group of young people in methods approved through regular
and accepted good practice. Qualified individuals should be experienced, trained,
assessed 1, assessed and accredited to a level at which those with responsibility may
reasonably express confidence of successful outcomes in the planning and delivery of
the activities being undertaken". Some aspects of physical education have a high level
of risk and required awareness and a higher duty of care is now expected of physical
education teachers... The standard of care required of a teacher has been as that of a
reasonably prudent parent, judged not in the context of the home but that of a school.

The teacher (or the coach or parent) should be appropriately qualified to teach or
instruct the activity involved and provide appropriate supervision. Teachers with a
specialist physical education qualification are regarded as being suitably qualified to
teach the majority of activities in schools. Exceptions are indicated elsewhere in this
circular

Further guidance on Norfolk's policy in respect of teaching qualifications is included

under each activity heading elsewhere in this document.
In secondary schools, teachers of other subjects who have no specialist training in
physical education are often time-tabled to teach in the physical education department.
This may severely restrict the entitlement of pupils to an appropriately broad and
balanced physical education curriculum. This arrangement should be exceptional and
be implemented with the greatest care. Under no circumstances should these teaching
staff take full responsibility for any aspect of physical activity where there are elements
of hazard and attendant risk. This will include swimming, gymnastics, athletics, throwing
events, contact sports and aspects of outdoor and adventurous activities.
References

Australian Sports Commission. (2019). Risk Management in Sport. Retrieved from

https://www.sportaus.gov.au/risk-management

Babalola, Alla Joseph, and Ajibua Michael Alayode. "Sources Of Legal Liability Among
Physical Education Teachers." International Education Studies 5.3 (2012): 193.

Centers for Disease Control and Prevention. (2020). Injury Prevention in Youth Sports. Retrieved
from https://www.cdc.gov/injury-prevention/youth-sports/index.html

National Association for Sport and Physical Education. (2015). Risk Management in Physical
Education and Sport. Retrieved from https://www.shapeamerica.org

Oregon State Dept. of Education, Salem. Legal Liability In The Gymnasium. n.p.: 1988. ERIC.

www.longwood.edu/staff/colvinay/KINS%20378/Legal_issues.ppt.

https://www.slideshare.net/slideshow/legal-liability-231369128/231369128

https://www.slideshare.net/slideshow/ppt-group-2-module-10pptx/256320937

https://www.scribd.com/document/58957389/Safety-in-Physical-Education

https://esafetyfirst.com/blog/coaching-and-physical-education-safety/

https://www.scribd.com/doc/188219669/legal-liabilities-in-teaching-physical-education

https://www.numberanalytics.com/blog/ultimate-guide-risk-management-physical-education

file:///C:/Users/PC%2015/Downloads/14441-56268-1-PB.pdf

file:///C:/Users/Heart%20Hermosilla/Downloads/PSV2I1850859.pdf