Questions and Responses Regarding Field Trip Liability.

The following questions were posed to Barbara Webster, a lawyer at the Ministry Risk management Branch, by Des Wilson when he was our System Liaison Person following last year's Articulation meeting:

"I am the BCCAT Liaison Administrator for the Earth Science Articulation Committee, and at a recent meeting was asked to find out about the legal liability issues surrounding students in geology courses being taken on field trips. There appears to be a variety of positions and procedures at different colleges, but I presume we should be governed by the same provincial requirements ? My assumption is that students registered in a particular course together with instructors are covered by Worksafe BC  with respect liability ? However the following additional issues were raised:

  1. What about students who are invited but not required to attend a field trip outside of class hours ? e.g. where an instructor suggests that he/ she would be willing to take students on a Saturday trip to an interesting area if anyone is interested ?
2. What is the position with instructors , or students , transporting students in their personal vehicles ?
3. What if guests, students or others not registered in a course, participate in a course trip ?
  4. Is it necessary for each student to sign a waiver form before each trip, and what about students considered minors ?"
                   

Thanks for considering this. 
Des Wilson,P. Geo  Dean, Faculty of Science and Technology,  Douglas college.

Barbara's response:

"These are very topical & important questions. You are right, of course that the standard of care for Colleges and instructors will be pretty similar across the province.

I can not confirm that your students will all be covered by Worksafe BC. In many situations they will not be covered. In some cases they might be. You need to check with the particular program. Usually the programs covered are only those would could be considered practicums. Field trips would generally not be included. Instructors who are working are covered by Worksafe BC (I'll use the old initials- WCB) if they get injured. If they are not working but are volunteering they may be covered, but you would need to check with WCB to be sure. I am not an expert in the details of WCB policies.

The loose nature of your specific question about the Saturday trip to an interesting area, gives me concern that it might not be part of the WCB coverage. There would also be a concern about this loose type of trip for our UICPP coverage. We defend & indemnify employees & volunteers for covered acts that occurred while they are engaged in their employment/ volunteering for the College. Again the loose offer might not qualify. I strongly suggest that the nature of these trips is clarified & formalized up front. I am sure that employees do not want to be "on their own" if they make an offer such as the one you are describing and end up getting sued for an injury to a student. That is the risk they face if the trips are informally arranged.
Generally there is no coverage under our program for students who are sued by other students for negligence. Guests are additional people that can sue if something goes wrong. There should be some good reason (like compensation) before a guest would be offered a space. Clearly waivers & informed consents would be mandatory for a guest.

The question about transportation should be clearly addressed in your internal policies. There is generally coverage through ICBC for drivers/owners through their own policies if they are in an accident, but you should be really clear about what limits of insurance your volunteer or employee drivers are expected to have, and when your coverage might kick in. If a car load of students in seriously injured minimal coverage is simply not sufficient.
Waivers are always a good idea, but they do not work for students who are under the age of 19 years on the day of signing the waivers. (And parents can not sign on their behalf either!) An informed consent that is signed by students & parents of minors setting out the activities is strongly recommended. If activates are high risk we suggest that details of the course and its requirements and inherent risks be set out in the calendar so their can be no concerns about the legal positions of the students when time comes for the activity.

Obviously I have only touched on your issues. It may be that we should talk in some more detail. Please feel free to call."

Barbara Webster-Evans Supervising Counsel 250-952-0839