General Liability in Education

It must be the goal of all educators and administrators to completely eliminate all accidents and health-impairing incidents in the educational setting. However, because of the lab environment and individual activities, there is a greater risk of injury in technology education, vocational and technical programs than in classroom lecture-type courses.

Even when measures are taken to develop, maintain and promote an effective safety and health program, unexpected incidents may occur. Sometimes the cause may be student negligence or equipment failure at an unfortunate moment. It is with this knowledge that the topic of liability is addressed here.

In actuality, reduction of legal involvement should be a secondary function of an education safety program. Yet, it is true that the best way to reduce the possibility of legal suits because of lab accidents is to provide an accident-free learning environment. As a result, legal involvements will diminish.

The educator is not relieved of liability by having a student or parents sign a waiver slip or safety pledge to approve of the student's engaging in hazardous activities in a course or program area. While this may be an acceptable procedure, a student or a parent cannot sign away the right to file a tort liability suit.

Facts of law indicate that an injured person has the right to seek monetary damages from a person who bears responsibility for causing that injury. In carrying out everyday activities, it is necessary that all employees be aware that they must exercise due care and diligence and guard against negligence.

The educator bears the major responsibility for safety in the classroom and lab. As such, the educator is extremely vulnerable to charges when there is a lab-related accident. In order to provide a safe place in which to work and learn and to provide the educator, students and all employees with the knowledge necessary to control the environment, and thus provide security and peace of mind, employees need a basic understanding of personal liability.

Historically, if injury results in a suit being brought against an employee, substantiated facts will be heard and decided upon by a judge or jury. It is, therefore, imperative that activities be conducted in a reasonable manner based on common sense. Materials and machines must be used as they are intended to be used.

In general, in order to uphold claims in courts against an educator, the plaintiff must show that the injury occurred because the educator exceeded authority, used poor judgment, or failed to take reasonable precautions, resulting in a charge of negligence. Educators should attempt to ensure that no accidents result from preventable negligence. It is important to realize that it is usually only the damages that are caused by negligent actions that subject educators to legal liability for such damages.

One of the best ways to prove that one is not negligent is to promote an active safety program that encompasses:

A. Instruction
B. Supervision
C. Inspection
D. Documentation

LIABILITY REDUCTION GUIDELINES

In addition, the following guidelines will contribute toward the reduction of injuries and the potential liability that may result.

1. The educator must remain in the classroom when students are working with potentially dangerous materials, machines, or processes.
2. All hand tools and machines must be maintained in good working condition.
3. Each student must be required to pass safety tests. Test results should be filed in the student's personal record.
4. Regular inspections should be made of the tools and equipment used by the student.
5. Complete instructions must be given to students before they are allowed to operate machines. Be certain that instructions are understood, using written and/or oral evaluation.
6. Closely supervise the operation of machines to ensure that equipment is operated correctly and the instructions are being followed.
7. Review safety procedures periodically.
8. Insist on proper eye and face protection for employees, students, and visitors.
9. Notify in writing to the Administrator and/or Greater Acadiana Region 4 Safety Coordinator
   any unsafe conditions that cannot be immediately corrected.
10. In case of an accident, fill out an accident report complete with signed statements by all witnesses.
11. According to license restrictions of the instructional staff in the health care department (particularly the registered nurses), health care is not provided to faculty, staff, and student body.
12. Be active in promoting safety policies in each lab area.

LIABILITY AWARENESS

The following are lab practices leading to the liability of educators and procedures designed to eliminate such practices.

Lab Practices Leading to Liability

1. Administrative practices and instructional activities designed to eliminate such practice as a factor in instructor liability.
   1. Never absent yourself from the lab while students are working.
   2. Have a clear understanding with your supervisor that you are not to be called from the lab during a lab session.
   3. Only under extreme circumstances should an educator be absent from the lab. When this occurs, lock the main switch box and provide a sedentary or reading assignment to students during your absence.
2. Educators leaving the lab under the supervision of another educator who is not qualified to teach lab assignments, such as the practice of school administrators to staff a lab with any instructor or employee who is available.
   1. Educators may be absent for a period of time because of illness or having to attend meetings or conferences. Only qualified personnel should be left in charge.
   2. Do not permit a substitute teacher in your lab area unless he/she is a qualified or certified instructor.
   3. If none is available, prepare written or reading assignments in advance, or some type of sedentary activity in which students will not be using the machines and equipment in the lab. Instructional movies or similar aids are practical if they fit into the instructional program.
3. Permitting students not enrolled in the class to use lab equipment and tools.
   1. Permit only those students who have participated in your lab program or who are participating to use the lab and equipment.
   2. No exceptions should be made to this practice.
   3. Do not take the word of a student that he or she has had previous instruction on the tool or has had experience in its use.
4. Permitting students to use machines or tools or to perform activities for which instruction has not been given.
   1. Make sure that proper instruction is given relative to each basic operation to be performed by a student in the lab area.
   2. Permit no student to utilize a machine or tool in performing an operation for which instruction has not been given.
   3. Keep an accurate instructional log as to those materials, machines and tools, and operations in which instruction has not been given.
5. Students using equipment in the lab which have not been approved by the administration.
   1. Allow no student to bring in any unapproved item of equipment for use in the lab.
   2. Permit students to use only those items of tools and machines that have been approved by the school administration.
6. Permitting students to work in the lab during free periods, particularly when the lab is not supervised.
   1. Do not be absent from your lab when students are working, even during unscheduled classes or periods; including office hours or lunch.
   2. Permit students to utilize equipment and work in the lab only during designated periods when proper supervision is given.
7. Permitting students to use dull tools and/or cutting devices on machines.
   1. Periodically inspect all cutting edges of power tool devices and hand tools.
   2. Keep all items of equipment properly maintained and sharpened.
   3. Demonstrate the proper maintenance and care of cutting edges of safe hand tools, particularly those jobs within the ability of the student to perform.
8. Permitting students to perform operations on machines without guards particularly when one could have been used.
   1. Provide proper instruction as to the use and adjustment of guards emphasizing the necessity and functions of such a device.
   2. Set an example yourself, by using guards and safety devices at all times, and perform operations as you would want them performed by students.
   3. Require that student’s use guards at all times on machines when such devices can be used.
   4. Have students secure permission to use any item of equipment. This will permit you to check on the machines to see that all guards and safety devices are properly adjusted.
9. Allowing use of equipment by students who are prone to accidents or who possess physical abnormalities that may cause an accident.
   1. Be familiar with the work habits of students and with those who possess physical abnormalities that may necessitate restrictions being placed on their use of equipment.
   2. Require all students to secure permission before using any item of equipment.
   3. Limit such students to the use of machines which are within their capabilities and commensurate with whatever physical abnormalities they possess.
10. Sending Students outside the lab to perform activities for the campus or other departments.
    1. Do not permit any student to leave the lab area to perform activities outside the program, except with qualified supervision.
    2. Refuse to undertake projects or jobs that require the student to work away from the lab without your continuous supervision.
    3. Confine instructional and maintenance activities to those that can be performed in the lab except for assigned supervised field projects.
11. Failure to keep accurate written reports relative to accidents.
    1. Prepare accident forms for your lab using an approved standard form.
    2. Fill out the form immediately after the accident has taken place.
    3. Make multiple copies and keep one for yourself.
12. Failure to secure written statement from witnesses to accidents.
    1. Assure a place on your accident report form for the listing of witnesses.
    2. Have witnesses write, in their own words, their views as to how the accident happened.
    3. Have witnesses sign their signature to the statement.
13. Failure to administer safety tests to students in case of liable suit of negligence.
    1. Administer safety tests to students upon completion of the demonstration of a specific machine, tool, or process.
    2. Keep tests on file in your office as evidence that such material has been covered and that a test was actually administered over material.
    3. Set a critical score above which students must achieve in order to use a specific item of equipment. Many educators and safety standards demand a "perfect paper" prior to letting students use such equipment.
    4. Retest student knowledge and skills throughout the course or program.
14. Failure of the educator to exercise utmost caution.
    1. The educator MUST anticipate where and how an accident will occur, and use every means to eliminate the possibility of an accident.
    2. Make every effort to provide the safest possible physical facilities and implement an effective safety instructional program.
15. Failure to act so as to eliminate charges of contributory negligence. (The term "contributory negligence" can be interpreted in a very broad sense. However, the following suggestions are given with a view in mind of eliminating the possibility of an educator being charged with "contributory negligence.")
    1. Maintain the safest of working conditions in the lab.
    2. Insist on safe practices being adhered to at all times in the lab.
    3. Provide complete and proper instructions in all aspects of lab work, with regard to the use of tools, machines, and materials.
    4. Make recommendations to superiors as to improvements that can be made to improve safety conditions in the lab.
    5. Make improvements suggested by your superiors.
    6. Establish safety rules and enforce them.
    7. Organize and implement a complete and continuous safety education program.
16. Failure to effectively administer a comprehensive eye safety program.
    1. Be familiar with and conversant about eye safety legislation.
    2. Develop an eye safety program and enforce it explicitly.
    3. Know the appropriate eye safety device for each operation.
    4. Set an example yourself by always wearing the appropriate eye protection devices.

Liability Insurance

Educators and administrators often question whether or not they should purchase a liability insurance policy to protect them from financial loss in the event of a lawsuit resulting from their educational duties. Although there may be certain privileged advantages to having a personal liability policy with a private insurance company, Louisiana's state employees appear to be well covered with liability insurance.

According to risk underwriting personnel in the Office of Risk Management, Louisiana Division of Administration, the State is responsible for the actions of the employees in their assigned functions (Statute 5108.2). Employee liability is covered by the state self-insurance fund. This protection is through the State's Comprehensive General Liability (CGL) policy. Further employee liability insurance is covered through a private insurance policy paid by the State.

If a student is taken on a field trip or works on a job away from the lab setting, without compensation and as part of his/her training, the State also provides the student against personal financial loss or damage (provides indemnity) which may be the result of the student's actions.

These premiums are totally dependent on the number of claims, no matter how small, and the possibility of injury, which is dependent on ratings determined by inspections of facilities and safety programs and by the actual settlements made on claims brought. These costs can be greatly reduced with proper safety policies and habits.

Additionally, it should be clear that personal responsibility and liability is very possible where negligence can be proven.

If instructors and administrators believe there is an advantage to purchasing liability insurance through a private source, such insurance policies can be purchased through the Association for Career and Technical Education ( http://www.acteonline.org ) or an independent insurance agent. In some cases, membership in a professional organization includes liability insurance. Some homeowner policies also cover, or have riders available for, liability insurance.