Page 20 - Misconduct a Reference for Race Officials

 Trainer/Trainee ratios; and
 Ability to swim/confidence in the water.

As discussed in Section 2, it is much easier for an organiser to demonstrate that
it has carefully considered and taken reasonable steps to address the potential
risks to trainees if it has documented the process.

Intermediate/advanced training
Many organisers offer training to members and others who may be classed as
“improvers” or “intermediates” or even “experts”. The purpose of such training
may be to give less experienced members more confidence in different weather
conditions, or to improve racing competence or to provide top level training to
highly experienced individuals. In the case of “intermediates” or “improvers”, care
must be taken to ensure that the participants are not put at undue risk by being
exposed to risks or dangers that are not clear and obvious to people at that level
of competence, although of course they will by that stage probably be held to be
competent to make their own informed decision as to whether they and their crew
and boats are competent to deal with the prevailing conditions. Provided an
experienced adult participating has been reminded that it is for him to decide
whether or not to take part in the training event, it is unlikely that liability for an
accident would fall on a person providing informal training. However, it is always
open to a trainer to forbid someone from taking part, if he feels that the person
concerned lacks the competence to do so.

(iv) Open Days
The basic principle to remember is that, where an organiser invites visitors onto
the premises for have-a-go sessions or open days, the organiser has a duty of
care for the safety of those visitors whether ashore, afloat, or at the water’s edge.
In practical terms this means that the event should be carefully planned and
many of the considerations relevant to basic training are also relevant here.
Competent members should be available and carefully briefed for each of their
tasks. Premises, boats and all equipment should be well maintained and
inspected for defects. Those deemed unsuitable for the event should be locked
away.

Before organising the open day, the organiser should check that the insurance
policy covers all the activities of the day as well as any boats that are being used.

It is recommended that visitors are asked to complete a Booking Form on arrival.
A suggested booking form is included in Appendix 2.

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