The Redwoods Group

The Redwoods Group Insurance Program for YMCAs
Risk Management Alert

Topic: Swim Testing Policy

Nineteen people, mostly children, drowned in YMCA swimming pools between 2002 and 2004. Most did not know how to swim and it appears that none were swim tested. An analysis of the data from these incidents plus the near drowning incidents of the same period reveals some alarming facts. The shallow end of the pool was where five of the thirteen deaths occurred in 2002, three of the four deaths in 2003, and one of the at least two in 2004. Three more nearly drowned there in 2004. Most of the kids involved in these incidents were between four and six years old. All drowning deaths are preventable and constitute a tragic loss, but losing a child in the shallow end is unconscionable.

Many YMCAs do not test the swimming capabilities of unknown swimmers, but the above tragic statistics demonstrate the need to develop and implement swim test protocols that will protect all non-swimmers, even those in shallow water. An increasing number of Ys, both independently and working in conjunction with The Redwoods Group, are now successfully testing swimmers of unknown ability, especially participants of special use groups like day camp, rental groups, and birthday parties.

The Redwoods Group is advocating the following policy on swim testing:

1: All children must be evaluated, even if they are going to stay in the shallow end of the pool.

2: The shallow and deep end of the pool must be separated by a floating safety line.

3: Those who do not pass the test may not use the deep end of the pool at all and may use the shallow end of the pool only when one of the following conditions is true. Those who decline testing did not pass the test and are in this group.
a: The child is always within arm's length of an actively involved adult caregiver who is in the water with the child.

b: The child is "shallow water competent" and in a zone that is armpit deep or less. This option requires multiple shallow-water zones separated by appropriate life lines.

c: The child is actively participating in a swimming class at that specific time...not currently enrolled in a class, but actually participating in the class at that moment.

d: The child is wearing a properly fitted, USCG approved personal flotation device (PFD). We are not requiring a YMCA to allow PFDs in their pool, just stating that a properly fitted, USCG approved PFD is an acceptable option in our opinion.
4: All tested children must be clearly marked so they are easily identifiable. Children will thus be wearing a band indicating in which section of the pool they may swim and what level of supervision they require, e.g., green can go anywhere in the pool, yellow can go only in the shallow end, red must have parental supervision or an PFD. If you subdivide your shallow end or have an entry device, perhaps more colors will be needed to adequately differentiate your swimmers.

We realize that for some YMCAs this policy may be a significant shift from current operations. Any change in policy and procedure will no doubt encounter difficulties in administration and implementation. The related document, RMT: Swim Test Policy Implementation provides some ideas and best practices successfully utilized by other YMCAs in adopting this policy. Of course, each YMCA is different and a strategy that works effectively in one location may not be appropriate in another. Although new ideas and innovations regarding this policy are encouraged, the points outlined above and the spirit of the policy should be fully incorporated. Your swim test policy should be enforced at all times without exception. Failure to do so may put your YMCA legally at risk in the event of an incident. More importantly, failure to enforce this or a similar policy leaves your swimmers at risk.

Please call us at 800-463-8546 to discuss this or any other risk management safety concern, or visit our web site at www.redwoodsgroup.com to learn more about YMCA risk management related issues.

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Risk Management services are provided by The Redwoods Group to assist the insured in fulfilling its responsibilities for the control of potential loss-producing situations involving their YMCA operations. The information contained is not intended as legal advice; it simply represents trends in the YMCA industry, related industries and/or law. Laws and suggested standards are under constant review by courts, states and trade groups. They can be vastly different in each jurisdiction. For legal advice relating to any subject addressed, YMCAs are advised to seek the services of a local personal attorney. The information is provided "AS IS" without warranty of any kind and The Redwoods Group expressly disclaims all warranties and conditions with regard to any information contained, including all implied warranties of merchantability and fitness for a particular purpose. The Redwoods Group assumes no liability of any kind for information and data contained or for any course of action you may take in reliance thereon.

released 6/28/05