RISK MANAGEMENT ALERT RMA TOPIC: Unsanctioned use of 12- and 15-passenger vans The CEO of a Midwestern YMCA recently learned from his daughter who was on the Y's swim team that her coach planned to rent a 15-passenger van to take the team to the YMCA National Swimming and Diving Championships in Ft. Lauderdale, FL. Being well aware of the dangers such vehicles presented and having eliminated them from his Y, he told the coach to rent a minivan instead. When he went to the meet he was surprised to see numerous 12- and 15-passenger vans in the parking lot. None of the vans he saw had the familiar YMCA logo or other identifying marks of an organizational vehicle...that at least was good news. YMCAs were not transporting staff, kids, or parents to this event using vans they owned. The bad news is that vans of this type are still being used to transport people in YMCA programs. The vehicles he saw in Florida may have been rented by associations that were not aware of their danger, may have been rented on behalf of associations that recognized the danger but didn't adequately communicate it to the responsible staff person, or may have been rented by or owned by parents or chaperones. Whatever the cause, people's lives were unnecessarily endangered. Many groups are affiliated with local YMCAs. They may be YMCA teams, YMCA program participants going to non-YMCA events, parent/child programs, tour groups, or one of others too numerous to list. They are often volunteer-led and while they may have an affiliation with the YMCA they generally do not operate under the direct control of the Y. They are usually not privy to internal communications and may be unaware of the lack of safety of such vehicles or of the YMCA's position to no longer use them for transporting people. It is possible that they do know of the YMCA's policy but disagree, or that they feel it does not apply to their group. Protect your members and participants from harm and your association from loss by the following: 1. Have an unambiguous written policy that 12- and 15-passenger vans are never, under any circumstance, to be used to transport people.Who supplies or uses the vehicle doesn't matter - people's lives are still endangered. Who owned, rented, borrowed, or insured the unsafe vehicle in which people affiliated with the YMCA are injured or killed may not matter - the YMCA might have moral, ethical, and even financial responsibility, especially if it was aware of the planned use. 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 4/21/06 |