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Duty of care in sports: Elevating athlete welfare

In the high-stakes world of sports both in Australia and internationally, ensuring the welfare of athletes is paramount. We explore critical issues and trends on duty of care in the sports industry.

25/01/2025

In the high-stakes world of sports both in Australia and internationally, ensuring the welfare of athletes goes beyond mere compliance—it's about creating a culture of care that prioritises the holistic well-being of those who dedicate their lives to the game. From reducing physical injury and mental health to the promotion of safeguarding measures, the duty of care in sports is an evolving paradigm, demanding innovative strategies and unwavering commitment.

Here, we explore the critical areas of concern for player welfare, focusing on measuring the effectiveness of duty of care policies, addressing physical health and safety, and preventing sports-related neurological disorders.

Measuring effectiveness of duty of care policies

How do we know if our duty of care policies are truly effective? The answer lies in robust governance and meticulous oversight. Governance is the backbone, ensuring that policies are not only implemented but also rigorously followed. According to insights from the Mercer 2023 Australian Sports Industry Pulse Survey (“Pulse Survey”), an impressive 92% of organisations ranked safeguarding and protecting young people as a top priority, highlighting the need for robust policies to protect young athletes from harm.

The effectiveness of duty of care policies is often guided by recommendations from industry bodies like the Australian Sports Commission, but it is ultimately measured by the ability to track incidents and near misses. Governance and board oversight are the most crucial elements, however insurers and insurance costs offer another lens into policy effectiveness. Policies that successfully prioritise the safeguarding of young people and help reduce incidents of abuse can significantly lower liability insurance premiums. Effective duty of care policies are reflected in lower insurance costs and/or easier access to coverage. Organisations are now leveraging advanced data analytics to track incidents and near misses, providing real-time insights into the efficacy of their policies, which in turn may assist the underwriting process and improve the overall insurance outcome.

In saying that, the truly effective organisations recognise that while insurance provides an avenue to transfer some of the risk in the event of a large loss or claim, impactful management of these risks lies in proactively exercising a duty of care to its participants, members and clubs.

Critical areas of concern for player and participant welfare

Player welfare is multifaceted, encompassing physical health, mental well-being and protection against long-term injuries. The Pulse Survey sheds light on several critical areas of concern:

  • Creating policies to protect athletes in transition: 84% of organisations prioritise an athlete’s transition in and out of elite talent pathways. This is a crucial metric in evaluating the support structures for athletes.
  • Diversity, equity and inclusion (DEI): With 80% of organisations prioritising DEI, there is a clear commitment to creating inclusive environments where all participants feel valued and respected.
  • Mental health and well-being: The mental health of athletes is gaining unprecedented attention, with 76% of organisations focusing on mental health initiatives, from training mental health first aid officers to launching destigmatisation campaigns.
  • Safety, injury, and medical issues: Ensuring athletes' physical safety is paramount, with 72% of organisations implementing measures to address injuries and medical concerns.
  • Managing sports-related concussions: Preventing neurological disorders, particularly in contact sports, is a significant concern, with 48% of organisations focusing on managing concussions effectively.

Addressing physical and mental health and safety

Creating a safe environment for athletes involves multiple strategies. Sporting organisations are making significant strides by increasing the accessibility to programs that provide support for both physical and mental health challenges.[1] Sports are recognising the link between mental health and performance, and they understand the duty owed to create sport-wide cultures that promote inclusivity, psychological safety and environments where people can thrive. Several sports have openly shared their own strategic plans to address mental health within their participant communities and most professional teams in Australia will have access to dedicated professional development and wellbeing officers.

The Pulse Survey reveals that professional sports teams are also investing in crisis management support after traumatic events to help athletes recover and maintain their careers, while designing work environments with well-being in mind—such as placing increased focus on managing training volumes and balancing training with no-meeting days to prevent burnout and provide opportunities for work-life balance.

Preventing sports-related neurological disorders

Addressing the prevention of neurological disorders requires a proactive and informed approach. Improving the understanding of repetitive head contact rather than merely the incidence of concussion is at the forefront, with organisations conducting extensive research to uncover the full impact of such injuries. Advanced monitoring technologies, such as instrumented mouthguards, provide real-time data during games, allowing for immediate intervention when necessary. When aggregated, this data can help to provide an improved view on where head force accelerations events occur and inform decision makers on ways to reduce the frequency of these events.

This aspect of duty of care is particularly topical right now, particularly in contact sports. These sports have always prioritised player welfare and managing injuries, but now with a new focus on latent injury concerns that were not otherwise known. Historically, players might have accepted the risks of having a sore back or a bad knee later in life. There is now growing focus and research around the potential correlation between prolonged exposure to head force accelerations and neurological issues later in life.

Raising awareness and education is another critical component. By educating athletes, coaches and medical staff about the risks and early signs of neurological disorders, organisations can ensure early detection and treatment. The drive for education is complemented by stricter protocols for managing head injuries of all types, and the implementation of rules and procedures aimed at reducing the occurrence and severity of such conditions.

Duty of care initiatives within sporting organisations

World Rugby’s instrumented mouthguards and load guidelines: Across 2023 and 2024, World Rugby, as the global governing body of Rugby Union, paid for and rolled out the use of instrumented mouth guards for all men’s and women’s professional players. By encouraging athletes to wear these mouthguards, the governing body can track every in-game head force acceleration event to build an aggregated view of contact within the game, in order to better understand where dangerous incidents occur.

The use of these mouthguards also facilitates live tracking of head acceleration events within a game, which allows an independent person to remove a player from the field of play and seek medical assessment should any one contact event exceed a certain threshold.

FIFA Women's World Cup: The FIFA Women's World Cup implemented a cultural diversity strategy that engaged local populations from various countries. This strategy not only promoted inclusion but also enhanced the overall experience for participants and fans, demonstrating a commitment to diversity and well-being.

Trends shaping the future of duty of care

The duty of care in sports is a dynamic and evolving challenge, requiring innovative solutions and a constant commitment to the welfare of athletes. As we look to the future, several trends and issues are poised to shape the landscape, while also presenting opportunities for continual improvement and innovation:

  • Embracing technology: The integration of AI and other technologies will continue to revolutionise how we monitor and improve athlete welfare. From real-time injury tracking to advanced data analytics, technology offers unprecedented opportunities to improve safety and performance, as indicated by Mercer’s Global Talent Trends 2023 report.
  • Prioritising mental health: Mental health will continue to remain a critical focus, with organisations expanding their mental health and well-being programs to provide comprehensive support for athletes.
  • Industry-wide uplift in governance: Governance structures will need to become more robust, highlighting transparency and accountability to ensure that duty of care policies are both effective and adhered to. This evolution in governance across the whole spectrum of sporting association, from club to commission, will be essential in navigating the complexities of modern sports environments.

How we can help

Marsh McLennan are dedicated to supporting sports organisations in navigating these challenges. Our integrated capabilities across risk management, people management and strategic consulting provide a comprehensive approach to enhancing duty of care in sports. Whether it's implementing advanced monitoring systems, investing in mental health initiatives or strengthening governance structures, we are here to help your organisation safeguard the well-being of its athletes.

Are the complexities of duty of care and athlete welfare overwhelming you? Contact us today and let us help and empower you to implement the most effective strategies to support the holistic welfare of your athletes. Together, we can ensure that the world of sports remains a place of safety, growth and excellence.

1 Mercer global client projects and research, 2021 COMPPS Benchmarking

Our people

Dean Mumm

Dean Mumm

National Manager - Corporate Sport, Affinity

  • Australia

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This publication is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modelling, analytics, or projections are subject to inherent uncertainty, and any analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change.

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