BILL NUMBER: SB 284	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Cox

                        FEBRUARY 24, 2009

   An act to add Part 8.2 (commencing with Section 7940) to Division
5 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 284, as amended, Cox. Safety in employment: ski resorts.
   Existing law specifies the requirements for obtaining a license
for and operating a passenger aerial tramway. It also requires the
Division of Occupational Safety and Health within the Department of
Industrial Relations to conduct inspections of aerial tramways at
specified intervals.
   This bill would require the division to utilize the most current
safety standards when inspecting aerial passenger tramways operated
at ski resorts.
   This bill would also require ski resorts to file an annual safety
plan with the division, make the safety plan available on demand,
report to the division  on a quarterly basis  
within 24 hours  any fatalities involving patrons at the resort,
and standardize safety signage and equipment padding in use at the
resort.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 8.2 (commencing with Section 7940) is added to
Division 5 of the Labor Code, to read:

      PART 8.2.  Ski Resort Safety


   7940.  (a) A ski resort that operates in California shall do all
of the following:
   (1) Prepare an annual safety plan that conforms with the
requirements of federal regulations applicable to ski resorts
operating on federal property.
   (2) File a copy of the annual safety plan with the division, in
addition to any safety plan that is required to be filed with the
United States Forest Service.
   (3) Make the annual safety plan available to the public at the ski
resort, upon request.
   (4) Make the annual safety plan available to a division inspector,
upon request.
   (5) (A) Submit to the division  a quarterly  
, within 24 hours, a  report containing the following
information, if known:
   (i) A description of each incident resulting in a fatality which
occurred on the ski resort property and resulted from a recreational
activity, such as skiing, snowboarding, and sledding, that the resort
is designed to provide.
   (ii) The age of each person killed in an incident identified in
clause (i), the type of recreational activity involved, the cause of
the fatality, the location at the resort where the incident occurred,
and the name of any facility where medical treatment was provided.
The report shall not identify a deceased person by name or address.
   (B) The reporting requirements of this paragraph do not apply to
fatalities of employees or contractors of the ski resort and are not
intended to modify or abridge any reporting requirement regarding a
fatality to an employee or contractor.
   (6) Establish a standardized signage policy used to indicate a ski
area boundary, hazard, or other safety information. Signage shall be
subject to inspection by the division.
   (7) Establish a policy for standardized safety padding or other
barriers for  all lift towers and   lift towers
and fixed  snowmaking equipment located on or in close proximity
to groomed ski runs.
   (b) When inspecting ski resort tramways, the division shall use
the most current aerial tramway safety standards.