Artificial turf or grass is, understandably, commonly used in early learning services. This turf can look lush and green all year round without watering or cutting. However, it isn’t necessarily the perfect, simple outdoor solution some of us may think or wish it was. Unfortunately, Guild Insurance sees numerous cases of poorly laid and/or maintained turf that can become damaged over time. This damage can include raised and uneven surfaces, curled edges and rips and tears. Not only does this look unsightly, but it can also create an unsafe surface which could lead to trips and falls and therefore injuries.

Installation

Incorrectly installed turf is likely to lead to issues and complications down the track. This can lead to insurance implications as your policy will not cover you for damage resulting from defective design or faulty workmanship. So, start off on the right foot by having turf installed by a reputable installer who’ll provide a certificate of compliance that supports the Australian Standards with respect to turf preparation and installation.

Be sure the manufacturer’s guidelines are followed when installing turf. Also, make yourself familiar with the specifics of the warranty provided and retain all documentation and/or information, including receipts, for the installation.

Drainage

Ensure that your turf installation includes appropriate drainage, installed by a suitably qualified plumber. And be sure existing drains aren’t covered or impeded by the turf and that the directional flow is appropriate for the lay of the land.

Turf without drainage leads to future problems and causes the “fill” under the turf, (also often known as substrate or base), to shift and leach out causing the substrate to wash away. This can happen quickly during periods of heavy rain and/or storms, and it can also happen gradually over time due to prolonged exposure to the elements.

If the substrate/base material was incorrectly prepared to receive the turf and provide drainage for rain and or storm water run-off, this may cause damage to the turf and nearby buildings. This damage may not be covered by insurance due to faulty design or workmanship.

Maintenance

Artificial turf can seem like an easy option over real turf due to less maintenance. However, maintenance is still required, and the installer’s or manufacturer’s maintenance instructions must be followed to prolong the life of the turf and protect your investment.

Regular checking for wear and tear, or other types of damage, is essential. As is the continual removal of any debris which could impact drainage. It’s also worth occasionally having the turf inspected by professionals who’ll know what damage and drainage issues to look for.

If damage to artificial turf is identified, it’s important to act on this as soon as possible. Putting it off will likely lead to further damage, making repairs more costly.

Again, keep records of all maintenance carried out, with details including what was done, when and by who.

Making a claim

Artificial turf doesn’t last forever, and damage over time may be normal “wear and tear” that’s not covered by your insurance; but other causes of damage, such as fire or storm, may be.

If you hold a Guild Early Learning Business Insurance policy, and you think you may have a valid claim for damage to your artificial turf, or you’re just not sure, contact us first and hold off authorising any repairs until we have approved your claim.

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Lithium-ion batteries are the batteries used in many of our household items. They’re becoming incredibly common, and for good reason – they can be small and affordable yet also have a long lifespan and a high power efficiency. However, they’re not without risk. In fact, the risks of these batteries, especially when not used correctly, is incredibly high and have led to fatalities.

Where are they used?

Lithium-ion batteries are found in many items we use daily. From personal devices such as laptops and smart phones, to household items like vacuum cleaners and power tools and mobility products such as e-bikes and e-scooters. You’ll also find them in electric vehicles. Most of us wouldn’t get through a day without using and charging at least one of these batteries.

What’s the risk?

While all batteries can pose a risk, the risk with lithium-ion batteries is unique and more significant. Lithium-ion batteries contain a liquid electrolyte solution which makes them ideal from a performance perspective. However, this solution is highly flammable, and this is where the danger lies.

When lithium-ion batteries are poorly manufactured, damaged, or misused, they’re at risk of catching fire. These fires are particularly intense and hard to put out, taking over homes and businesses incredibly fast.

What can be done to reduce the risk of fire?

• Don’t overcharge devices – overcharging devices can lead to the battery overheating and then catching fire. Consider setting reminders to take devices off charge when complete.

• Only use compatible chargers – don’t use chargers not recommended by the manufacturer for that device; this can lead to the device overheating.

• Be mindful of where devices are charged – don’t charge a device while it’s resting on flammable material, such as bedding or a couch, as this will impact how fast a fire takes hold. Devices also shouldn’t be charged in a location which will block someone from exiting a room or building should it catch fire; this will potentially trap a person in a fire.

• Don’t use a damaged battery – if it’s swollen and enlarged, leaking or emitting an odour, this is an indication of a damaged battery which is unsafe to use.

• Don’t tinker with a battery – don’t remove, replace or try to fix a battery on any device. This could lead to it being damaged which is when they’re at high risk of fire.

• Don’t leave batteries where they’ll overheat – overheating increases the risk of catching fire, so be sure to limit the time in direct sun. Leaving them in vehicles sitting in the sun is particularly dangerous.

• Only use reputable brands – not all lithium-ion batteries are the same; do your research to be sure you’re using a reputable brand. Generic brands found online may be cheaper, but they aren’t worth the risk.

• Follow manufacture instructions – with any device that utilises a lithium battery and has charging capabilities, always follow the manufacturer’s instructions and/or recommendations regarding charging, storage, and safe use.

• Don’t dispose of them with your regular rubbish – as the risk of fire is increased when lithium-ion batteries are crushed or damaged, they need to be disposed of correctly. Organisations such as B-cycle and Planet Ark offer information on battery recycling locations, as do some local councils.

• Check smoke alarms – be sure your smoke alarms are in good working condition by checking them regularly. While this won’t prevent a fire, it will greatly assist in response time should a fire occur.

All health practitioners would be well aware of their requirements to obtain informed consent from their patients before assessment or treatment takes place.  However, Guild Insurance’s vast experience in managing claims made against health practitioners has highlighted that many practitioners don’t meet all their informed consent requirements.

What is informed consent?

There is an explanation about informed consent in the Code of Conduct for each of the professions regulated by AHPRA.  In this document, informed consent is defined as ‘a person’s voluntary decision about healthcare that is made with knowledge and understanding of the benefits and risks involved’.  This statement highlights the difference between consent and informed consent.  If a patient hasn’t been made aware of the benefits and risks, their consent isn’t informed.

Informed consent isn’t just required for treatment. Depending on the nature of the healthcare being provided, informed consent should also be obtained for assessment. 

Informed consent and insurance claims

Informed consent can feature in insurance claims against practitioners in a couple of ways.

It’s not uncommon when a patient is unhappy following treatment for them to allege they weren’t made aware of the risks when they consented to treatment.  Quite often they will allege the treatment was negligent and has resulted in harm or suffering.  They then add that had they been informed of the possible risks, they wouldn’t have consented.

In other cases, patients may not make any allegation about consent, their complaint might solely focus on the clinical outcome, yet when their claim is being managed it’s found that they didn’t give their informed consent prior to treatment being provided.  When this occurs, it makes it challenging for Guild to prove that the practitioner has treated appropriately and met their requirements.

The informed consent conversation

Informed consent requires a conversation between the treating practitioner and the patient.  This conversation needs to occur prior to assessment and treatment. 

The conversation must:

• detail the recommended assessment and treatment as well as alternate treatment options
• include the expected benefits of that treatment
• provide information about the risks of the treatment
• allow time for the patient to ask questions
• be held in language which can be understood by the patient which means practitioners should avoid technical clinical language.
• take place in a private area where the patient will feel comfortable being open and honest about their health situation.
• be tailored to that individual patient and their unique clinical needs

Recording informed consent

It’s imperative that practitioners make a note in the clinical record regarding the patient providing their informed consent.  This needs to be more than ‘IC given’.  The record needs to show what treatment options and risks were discussed as well as any questions asked by the patient.  The record should also show what the patient consented to as well as what they didn’t consent to where relevant.

The informed consent form

One area which leads to some confusion about informed consent is how to use an informed consent form.  Having a patient sign a form is seen as a quick and simplified way of having a patient provide their informed consent and keeping a record of that.  However, they are unfortunately too often used inappropriately. 

Signed forms aren’t a requirement.  While recording consent is required, this doesn’t need to be done using a form.  Notes in the clinical record are sufficient.  However, signed forms do provide additional evidence if there is an allegation that informed consent wasn’t given.

Forms can’t be used to replace the informed consent conversation.  A patient can not read a form and gain the same level of understanding as they would from a conversation with the practitioner.  Nor can they ask questions of the form. 

A form should only be signed after the conversation with the practitioner has been had and the patient understands what it is they’re consenting to.  Patients are occasionally asked to sign consent forms at reception before they’ve seen the practitioner.  As there has been no assessment or discussion about treatment at this stage, this can’t be considered informed consent as the patient hasn’t been informed.

Some practices combine new patient forms with the consent form.  This isn’t ideal as the two forms serve different purposes.  Also, having them on the one form encourages patients to sign the consent form at reception before they’ve seen the practitioner.  Therefore, they should be divided into two separate forms.

Informed consent is not a one-off event

Practitioners regularly ask how often their patients need to give informed consent.  There is no set time frame for when informed consent conversations or signed forms need to be repeated.  The requirement is that when a patient is receiving any assessment or treatment, they need to have given their informed consent to this.  Therefore, informed consent should be an ongoing process; it’s a continual conversation with patients during consultations.  And when there is any change in the treatment being provided, or if the patient has returned following a period of absence, informed consent needs to be revisited.  A general ‘consent to all treatment’ for the life of the therapeutic relationship is not appropriate.

Informed financial consent

As well as consenting to assessment and treatment, patients should also give their informed financial consent.  This means they need to be provided with information about the expected cost of treatment before this treatment commences.

In summary…

There is no one right way to undertake an informed consent conversation and process.  Practitioners must adapt what’s discussed for the patient they’re treating and that patient’s unique circumstances.  However, what must occur in all cases is that the patient is informed of and understands the proposed treatment, alternate treatment options and the risks involved.  Only with this information can they give their informed consent.  The practitioner must also be sure to make a record of this informed consent discussion in the clinical record.

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