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The private law regulation of injuries in the fitness industry
S108
Thursday 1 November Papers / Journal of Science and Medicine in Sport 15 (2013) S34–S126
on elite netballers following a netball specific session. Eleven elite female netball players completed three experimental sessions of a netball specific circuit followed by one of three post-exercise recovery interventions; 1) contrast water therapy (CWT, 38 ◦ C, 15 ◦ C), 2) contrast showers (CS, 38 ◦ C, 18 ◦ C), 3) passive recovery (PAS, seated rest 20 ◦ C). In a randomized, cross-over design, repeated agility, repeated vertical jump, skin, core temperature, perception scales were measured before, immediately after, 5 hours post, 24 hours post-exercise. No significant differences (p > 0.05) were evident between conditions for performance. Post-exercise CWT, CS provided similar cooling effects with a decreased skin temperature (Tskin), a 20 minute delayed drop in core temperature (Tcore) when compared to PAS. Perceptions of recovery overall were superior for CWT (18.95 ± 13.77), CS (17.70 ± 12.98) when compared with PAS (72.80 ± 14.26). Despite no improvements in performance variables after CWT or CS, neither modality negatively influenced performance. Both CWT, CS resulted in faster cooling responses when compared to PAS. To the author’s knowledge this is the first study to examine differences in core, skin temperature responses to CWT, CS. Additionally, greater perceptions of recovery were seen in CWT, CS when compared to PAS. The significance of psychological recovery should not be underestimated, as an athlete that feels less pain, has a heightened sense of well-being following recovery is more likely to perform at a higher level. In conclusion whilst both CWT, CS were deemed viable recovery modalities CS may prove to be a more accessible alternative for sporting teams. http://dx.doi.org/10.1016/j.jsams.2012.11.262 Legal risk management of adverse health outcomes and injury in the fitness industry: Developing evidence informed regulation that improves safety
260 Symposium P. Keyzer ∗ Centre for Law, Governance, Public Policy, Bond University The Australian fitness industry has a critical role to play in supporting and facilitating active and healthy lifestyles for Australians. This is central to the fight against obesity and associated health risk factors such as coronary heart disease and diabetes, as well as enhancing general health and well-being. However, while regular physical activity can prevent obesity and reduce the risk of inactivity-related diseases, overly vigorous exercise can trigger adverse health events, especially in habitually sedentary people. Additionally some programs offered by fitness providers can increase the risk of injury. This risk is heightened where there are inadequate risk management practices, including pre-exercise screening, adopted by a fitness service provider. This symposium will provide a forum to consider how Australian regulation currently controls risk management and safety standards in the fitness industry; and further, what changes can be made to this regulation, and also to fitness industry practice, to reduce the risk of adverse health outcomes and injury, and the legal liability associated with those risks. Paper 1: The private law regulation of injuries in the fitness industry Paper 2: The epidemiology of hospital-treated for injuries sustained in the health and fitness sector Paper 3: No musculoskeletal pre-exercise screening for a sedentary population entering exercise programs?
Paper 4: Emergency preparedness in the health and fitness facilities in Queensland Paper 5: How does public law manage the risk of adverse health outcomes and injury in the fitness industry? http://dx.doi.org/10.1016/j.jsams.2012.11.263 261 The private law regulation of injuries in the fitness industry J. Dietrich ∗ Bond University The focus of this paper is on private legal obligations that can arise to compensate injured customers for their losses. Specifically, the focus will be on the 1) law of negligence, 2) the Australian Consumer Law that seeks to implement uniform consumer protection laws. This paper outlines the legal rules that determine when fitness operators (and more generally, the broader recreation industry) will be held to be legally liable. The paper will consider the range of primary legal materials–statutes, regulations, case law–that make up the surprisingly complex, diverse legal liability regimes that exist under state, territory, Commonwealth law. Two important conclusions will be drawn about this legislative framework. First, it is not uniform throughout Australia, jurisdictional differences between the different states are significant, particularly in the broad context of injuries that occur whilst a person is engaged in ‘recreational activities’. The lack of uniformity means that it becomes more difficult for the fitness industry as a whole to assess the legal risks associated with careless practices, since the legal consequences may differ from state to state. Further, the uniform consumer laws do not cover industry specific Industry Codes. The various Fitness Industry Codes that have been adopted differ from state to state, territory: some are mandatory, others are voluntary; they differ in their scope, coverage; where they deal with similar matters, they do so in different terms; and, finally, those standards that relate to health, safety risks are set at a general level. Secondly, the paper will demonstrate that legal liability depends, not on compliance with very specific, mandated rules of conduct, but on the application of broad standards of reasonableness. This paper will conclude that the lack of uniformity in legal regulation adds to the cost of compliance, makes it difficult for an industry that operates across Australia, such as the fitness industry, to identify, comply with relevant standards. Although there is unlikely to be any ‘one size fits all’ approach to managing legal risks, legal risk management in the fitness industry is not served by differences between states, territory laws that have no obvious rationale, that create complexity, compliance costs for industry. http://dx.doi.org/10.1016/j.jsams.2012.11.264 262 The epidemiology of hospital-treated for injuries sustained in the health and fitness sector C. Finch ∗ , S. Gray Australian Centre for Research into Injury in Sport and its Prevention, Monash Injury Research Institute, Monash University Introduction: According to the Australian Bureau of Statistics, aerobics/fitness activities is the second most common sport and physical recreation undertaken in Australia. As with other activities, there can be a risk of injury to participants of fitness-related
Thursday 1 November Papers / Journal of Science and Medicine in Sport 15 (2013) S34–S126
on elite netballers following a netball specific session. Eleven elite female netball players completed three experimental sessions of a netball specific circuit followed by one of three post-exercise recovery interventions; 1) contrast water therapy (CWT, 38 ◦ C, 15 ◦ C), 2) contrast showers (CS, 38 ◦ C, 18 ◦ C), 3) passive recovery (PAS, seated rest 20 ◦ C). In a randomized, cross-over design, repeated agility, repeated vertical jump, skin, core temperature, perception scales were measured before, immediately after, 5 hours post, 24 hours post-exercise. No significant differences (p > 0.05) were evident between conditions for performance. Post-exercise CWT, CS provided similar cooling effects with a decreased skin temperature (Tskin), a 20 minute delayed drop in core temperature (Tcore) when compared to PAS. Perceptions of recovery overall were superior for CWT (18.95 ± 13.77), CS (17.70 ± 12.98) when compared with PAS (72.80 ± 14.26). Despite no improvements in performance variables after CWT or CS, neither modality negatively influenced performance. Both CWT, CS resulted in faster cooling responses when compared to PAS. To the author’s knowledge this is the first study to examine differences in core, skin temperature responses to CWT, CS. Additionally, greater perceptions of recovery were seen in CWT, CS when compared to PAS. The significance of psychological recovery should not be underestimated, as an athlete that feels less pain, has a heightened sense of well-being following recovery is more likely to perform at a higher level. In conclusion whilst both CWT, CS were deemed viable recovery modalities CS may prove to be a more accessible alternative for sporting teams. http://dx.doi.org/10.1016/j.jsams.2012.11.262 Legal risk management of adverse health outcomes and injury in the fitness industry: Developing evidence informed regulation that improves safety
260 Symposium P. Keyzer ∗ Centre for Law, Governance, Public Policy, Bond University The Australian fitness industry has a critical role to play in supporting and facilitating active and healthy lifestyles for Australians. This is central to the fight against obesity and associated health risk factors such as coronary heart disease and diabetes, as well as enhancing general health and well-being. However, while regular physical activity can prevent obesity and reduce the risk of inactivity-related diseases, overly vigorous exercise can trigger adverse health events, especially in habitually sedentary people. Additionally some programs offered by fitness providers can increase the risk of injury. This risk is heightened where there are inadequate risk management practices, including pre-exercise screening, adopted by a fitness service provider. This symposium will provide a forum to consider how Australian regulation currently controls risk management and safety standards in the fitness industry; and further, what changes can be made to this regulation, and also to fitness industry practice, to reduce the risk of adverse health outcomes and injury, and the legal liability associated with those risks. Paper 1: The private law regulation of injuries in the fitness industry Paper 2: The epidemiology of hospital-treated for injuries sustained in the health and fitness sector Paper 3: No musculoskeletal pre-exercise screening for a sedentary population entering exercise programs?
Paper 4: Emergency preparedness in the health and fitness facilities in Queensland Paper 5: How does public law manage the risk of adverse health outcomes and injury in the fitness industry? http://dx.doi.org/10.1016/j.jsams.2012.11.263 261 The private law regulation of injuries in the fitness industry J. Dietrich ∗ Bond University The focus of this paper is on private legal obligations that can arise to compensate injured customers for their losses. Specifically, the focus will be on the 1) law of negligence, 2) the Australian Consumer Law that seeks to implement uniform consumer protection laws. This paper outlines the legal rules that determine when fitness operators (and more generally, the broader recreation industry) will be held to be legally liable. The paper will consider the range of primary legal materials–statutes, regulations, case law–that make up the surprisingly complex, diverse legal liability regimes that exist under state, territory, Commonwealth law. Two important conclusions will be drawn about this legislative framework. First, it is not uniform throughout Australia, jurisdictional differences between the different states are significant, particularly in the broad context of injuries that occur whilst a person is engaged in ‘recreational activities’. The lack of uniformity means that it becomes more difficult for the fitness industry as a whole to assess the legal risks associated with careless practices, since the legal consequences may differ from state to state. Further, the uniform consumer laws do not cover industry specific Industry Codes. The various Fitness Industry Codes that have been adopted differ from state to state, territory: some are mandatory, others are voluntary; they differ in their scope, coverage; where they deal with similar matters, they do so in different terms; and, finally, those standards that relate to health, safety risks are set at a general level. Secondly, the paper will demonstrate that legal liability depends, not on compliance with very specific, mandated rules of conduct, but on the application of broad standards of reasonableness. This paper will conclude that the lack of uniformity in legal regulation adds to the cost of compliance, makes it difficult for an industry that operates across Australia, such as the fitness industry, to identify, comply with relevant standards. Although there is unlikely to be any ‘one size fits all’ approach to managing legal risks, legal risk management in the fitness industry is not served by differences between states, territory laws that have no obvious rationale, that create complexity, compliance costs for industry. http://dx.doi.org/10.1016/j.jsams.2012.11.264 262 The epidemiology of hospital-treated for injuries sustained in the health and fitness sector C. Finch ∗ , S. Gray Australian Centre for Research into Injury in Sport and its Prevention, Monash Injury Research Institute, Monash University Introduction: According to the Australian Bureau of Statistics, aerobics/fitness activities is the second most common sport and physical recreation undertaken in Australia. As with other activities, there can be a risk of injury to participants of fitness-related