Quote:
|
I'd also be VERY careful about setting any standards. You're setting yourself up for some real trouble in regards to employer/employee (versus independent contractor), discrimination, liability, etc. If you have a standard, and the standard is violated - you are liable. If there is no standard - you can't violate it.
|
Not much of this is even remotely true. The existence of standards doesn't create independent liability. However, what might create legal issues is if your "run test" or whatever event you use to measure performance isn't adequately administered. For example: require a 1 mile run of all officials and someone has a heart attack or other injury during or after the run. Do you have a duty to inform them to get a physical prior to the run? Did you have an EMT present? Stuff like that can be a state specific negligence law question.
Best thing to do is to have a release prepared by an attorney for things like this. That removes any issue I've brought up here and responded to. While you can still have lawsuits (and settlements), releases are well accepted instruments that avoid liability.