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Legal Framework of Concussion Management in Cricket

Updated: Oct 18

Written by Muhammad Waqas


A. Introduction:


The safety of the players has emerged as an all-important factor in aggressive and high-impact prone games. From all the injuries that a player is likely to suffer, concussions are unique and are severe in professional sporting activities, including Cricket. A concussion can simply be described as a minor form of TBI that happens to the brain. This injury is a result of a knock on the head or a shake that causes the brain to move and hit the inside of the skull. A concussion itself does not involve a structural injury of the brain but leads to functional alterations manifested by acute clinical signs and symptoms. A blow to the head using a cricket ball can lead to severe head injuries which if not treated might result in other complications like Alzheimer’s disease and dementia down the line.


To reduce the risks associated with head injuries, the International Cricket Council and other affiliates have formulated rules regarding concussions. This makes sure that players are protected by the development of standard rules and guidelines.


B. Duty of care and legal responsibility:


The major legal principle that applies to the matter of concussion in cricket is the duty of care. In legal terminology, the duty of care entails the legal obligation not to act or inaction that would reasonably cause harm to other persons. In cricket, this means that should a player suffer a concussion due to the lack of safety measures such as a medical evaluation or failure to observe protective gear provisions, the involved parties or organizations may be regarded as engaged in negligence. This duty of care makes cricket boards, team management, and the medical team legally responsible for avoiding any risks of harm that can be foreseen for a player.


C. International Cricket Council (ICC) Regulations:


At the International level, the International Cricket Council (ICC) is the supreme authority of the Cricket. It operates under the ICC Constitution. In this regard, the ICC has set the pace by having definite comprehensive measures in place and formulating rules on concussions.

 

I. Concussion Substitutes:

One of the most significant regulations introduced by the ICC is the allowance of concussion substitutes. This is covered under the ICC’s “Playing Conditions” for international cricket matches. Clause 1.2.7 of the ICC’s “Men’s and Women’s International Playing Conditions” is a specific provision for concussion substitutes. By this rule, if a player is diagnosed with or suspected of having a concussion during the match, the team is permitted to replace the injured player with a like-to-like substitute. This rule ensures that concussed players can receive proper medical care without disadvantaging the team. The first concussion replacement was applied during the second Ashes Test in 2019 at Lord’s Cricket Ground. The Australian batter Steve Smith was hit on the neck with a bouncer by the English fast bowler Jofra Archer. He was later diagnosed as having suffered a concussion and replaced by Marnus Labuschagne, who came to bat on the final day of the test match.


Later, in the same year, West Indian Shabika Gajnabi became Women’s Cricket’s first concussion substitute, replacing Chinelle Henry who was hit with the advertising boards while fielding in an ODI match against India.


II. Mandatory Use of Helmet:

The International Cricket Council has implemented strict regulations regarding the use of protective equipment including helmets. The requirement for the helmet is outlined in clause 19.51 of the ICC’s “Clothing and Equipment Rules and Regulations”. All batters, wicketkeepers standing up to the stumps, and close-in fielders are required to wear helmets that meet specific standards. All helmets must comply with British Standard (BSI) - BS 7928:2013 and be certified BS 7928:2013 + A1:2019. “A1:2019” was added in 2019 to update the standards with neck protector specifications. BS 7928:2013 + A1:2019 covers faceguard penetration, head protector testing for different ball sizes (5 ½ and 4 ¾ ounce ball), and neck protector impact test to reduce injury risk.


III. On-Field Concussion Assessment:

The ICC mandates that any player suspected to have suffered a concussion must undergo an immediate on-field assessment by a medical professional. Unlike Rugby, a player is not removed from the play to be taken to a designated area of a Head Injury Assessment (HIA). ICC Concussion Management Guidelines state that;

“If during the course of a match, a player receives a significant knock to the head or neck and is unable to immediately resume play, a concussion should be suspected and the most senior member of the team’s health care personnel, ideally a doctor, should immediately attend to the player.”

The guidelines further recommend the doctor to promptly assess the player for the symptoms like disorientation, dizziness, or memory loss. This should be held according to the ICC’s structured on-field assessment, which specifies the necessary steps and includes a designated test. If concussion is suspected, the player must leave the field for further evaluation, particularly for SCAT5 (Sports Concussion Assessment Tool 5) assessment in case of any new neurological symptoms or cognitive disturbances. If the medical professional after the on-field assessment is satisfied about the player having no symptoms of concussion, player can continue the play.


IV. Paneities for non-compliance of ICC regulations

It is clearly mentioned in the “ICC Clothing and Equipment Rules and Regulations” that if a player, a team official, or the members of the cricket board does not follow the ICC protective equipment regulations then disciplinary proceeding and some penalties will be applied. These are mentioned in the Appendix 2 of the regulations. It is crucial to emphasize that non-compliance may also be pursued against a board if it provides players or team officials with equipment or clothing that does not conform to the standards set out in the act.

Penalties for helmet breaches (player):

§ First offense: warning issued to the player

§ Second offense: a second warning

§ Third offense: the player will face a one-match suspension

§ Fourth offense: the player will face a two-match suspension

The International Cricket Council’s regulations serve as a guide for the national cricket boards, which in turn, are responsible for implementing and enforcing these regulations at the domestic level. Several national boards i.e. Australian and England & Wales Cricket Board have developed their own concussion management protocols that align with, and sometimes exceed the ICC standards.

 

D. Cricket Australia (CA) rules and regulations:


To ensure the safety of the players at all levels of sport across the world, Cricket Australia has implemented comprehensive concussion protocols based on international guidelines while also adding several features more appropriate to cricket. These guidelines are developed by the 2023 Amsterdam Consensus Statement on Concussion in Sport, AIS Concussion and Brain Health Position Statement 2023, and ICC Concussion Guidelines 2018.

Among these protocols, clause 5.1 of “Community Cricket Concussion and Head Trauma Guidelines” requires all players to wear neck protector fitted onto the helmet to provide extra protection for the upper neck region especially to the batsmen and any fielder standing within seven meters of the bat. Clause 5.2 makes it mandatory for the umpires to wear helmets manufactured with specific helmet safety standards (BS7928:2013) during certain circumstances, including during T20 matches or instances where aggressive batting is anticipated. These measures help in protecting players and officials within the field in case of head injuries.


Clause 7 explains the process of Graded Return to Play (GRTP) after a concussion and this is based on the differentiation of adults and juniors. The players of 19 years of age or older are defined as the “Adults” and they are required to have a minimum 13-day mandatory rest period after sustaining a concussion. Moreover, to recommence unrestricted training or competitive games, the player must also obtain medical clearance from a licensed physician to enable an affirmation that they are fully recovered from the concussion. The documentation promotes compliance with safety measures concerning the player’s health and creates a connection with CA’s recommendations regarding the gradual reconsideration of play. The 18 years of age or younger participants are identified as “Juniors”. Clause 8.3 of the “Community Cricket Concussion and Head Trauma Guidelines” sets a more stringent regimen. This is because junior players must wait at least 14 days after they clear the symptoms before being allowed to play.


E. England and Wales Cricket Board (ECB) guidelines:


The England and Wales Cricket Board has implemented a comprehensive concussion management policy that includes mandatory education for players and coaches about the risks of concussions, focusing on the “4R’s”: The four Rs includes Recognise, Remove, Recover and Return. Additionally, the ECB also requires that each domestic match should be associated with a qualified medical person who will manage the issues of concussion.

As stated in the “ECB Head Injury & Concussion Guidelines 2018”, any concussion must be addressed individually with an elimination from the play regardless of the extent of the injury.The Graded Return to Play (GRTP) has to be overseen by a healthcare professional and if anything happens amiss then, consultation with a specialist physician should be considered. It is required that any sign or symptom must be absent for 24 hours before any form of physical activity is participated in. The GRTP encompasses stepped, where continuous monitoring is done for 24 hours at every step of the process. If it recurs, the player has to rest again for another 24 hours and go back to the previous level.


The strapline “If in doubt, sit them out” is used with emphasis for no one to resume any sporting activities within 24 of suspected concussion.

The legal factor concerning the management of concussion in cricket may help in the wellbeing of cricketers. These regulations assist in establishing guidelines while, at the same time, outlining the responsibilities of the participants in case of concussion. Through these measures, players are protected, and the sanctity of the game is also maintained at the same time. Cricket is a game that has been developing dynamically in various parts of the world and it is crucial for all stakeholders to adhere to these measures and ensure constant compliance with safety measures.

 




(The Image used here is for representative purposes only)


 

 

References:


1. Concussion. (2024, August 21). Cleveland Clinic.

2. MANAGING THE RISK OF CONCUSSION IN RECREATIONAL CRICKET. (2021).

3. Icc. (n.d.-b). About ICC Cricket | International Cricket Council.

4. ICC Men’s Twenty20 International Playing Conditions. (2023). In ICC Men’s Twenty20 International Playing Conditions (p. i).

5. Desk, I. T. W. (2019, July 18). ICC approves concussion substitutes: Like-for-like replacement allowed in all formats. India Today.

6. Baynes, V. (2019, August 18). Australia hold out for draw, despite best efforts of Jofra Archer, Jack Leach. ESPNcricinfo.

7. Substitute (cricket). (2024, April 26). Wikipedia.

8. Clothing and Equipment Rules and Regulations. (2023).

9. Head Injury Assessment (HIA) Protocol. (2017).

10. Clothing and Equipment Rules and Regulations. (2023b).

11. Davis, G. (2017). SPORT CONCUSSION ASSESSMENT TOOL — 5TH EDITION. In Br J Sports Med (pp. 1–8). 

12. Community Cricket Concussion and Head Trauma Guidelines. (2023a).

13. Concussion Education Module. (n.d.-b). 

14. ECB Head Injury & Concussion Guidelines 2018. (2018). 

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