Abstract

Legal concerns should abound for physical fitness specialists, health educators, program administrators or entrepreneurs involved in the delivery of services to clients in health promotion and fitness centers. These concerns must, of necessity, include considerations of the professionals legal liability and that of the organization with which he or she is associated. Legal liability can attach from failure to act when action is due (omission) or failure to perform when performance is due (commission). The providers potential legal exposure to claims or litigation arises out of the professional relationship with clients who utilize service in the organization in which the professional serves. Once the professional undertakes responsibilities for such clients, independently or in conjunction with other staff members, he or she also accepts the legal risks associated with those responsibilities. These include drug or alcohol screening programs, the implementation of no smoking policies in the workplace, or even in off work locations, problems with workmens compensation claims occurring as a result of participation by employees in voluntary or mandatory health/fitness programs and alcohol/drug use prevention and abuse rograms. This article focuses upon these and other areas of responsibility for professional consideration. It is, however, no substitute for independent professional and legal advice. Verf.-Referat (gekuerzt)