BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Mark DeSaulnier, Chair
Date of Hearing: April 29, 2009 2009-2010 Regular
Session
Consultant: Rodger Dillon Fiscal:Yes
Urgency: No
Bill No: SB 284
Author: Cox
Version: As amended April 22, 2009
SUBJECT
Safety in employment: ski resorts.
KEY ISSUE
Should ski resorts be required to take additional measures to
improve safety for recreational users on the premises of the
resorts?
PURPOSE
To promote safe operation of ski resort facilities and to
require reporting of specified incidents resulting in
fatalities.
ANALYSIS
Existing law:
1.Specifies numerous procedures for the safe operation of
equipment, workplaces, and certain recreational facilities;
2.Specifies the requirements for obtaining a license for, and
operating, a passenger aerial tramway, including those
operating as ski lifts. The law also requires the Division of
Occupational Safety and Health within the Department of
Industrial Relations to conduct inspections of aerial tramways
at certain intervals.
This Bill:
1.Provides that a ski resort that operates in California shall
do all of the following:
a) Prepare an annual safety plan that conforms to the
requirements of federal regulations applicable to ski
resorts operating on federal property.
b) File a copy of the annual safety plan with the Division
of Labor Standards Enforcement, in addition to any safety
plan that is required to be filed with the United States
Forest Service.
c) Make the annual safety plan available to the public at
the ski resort, upon request.
d) Make the annual safety plan available to a division
inspector, upon request.
e) Submit to the division, 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.
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.
f) 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.
g) Establish a policy for standardized safety padding or
other barriers for lift towers and fixed snowmaking
equipment located on or in close proximity to groomed ski
runs.
Hearing Date: April 29, 2009 SB 284
Consultant: Rodger Dillon Page 2
Senate Committee on Labor and Industrial Relations
2.Provides that when inspecting ski resort tramways, the
division shall use the most current aerial tramway safety
standards.
COMMENTS
1. Need for this bill?
According to reports in the public media and according to
verbal reports provided to committee staff, injuries and
fatalities at ski resorts have called attention to the need
for enhanced safety precautions at ski resorts. The public
may also be well-served by the availability, as provided in
this bill, of information about fatalities at the various
resorts in order that the public may be aware of any specific
patterns or more frequent incidents at certain facilities.
2. Federal requirements?
This bill requires that ski resorts in California prepare a
"safety plan that conforms to the requirements of federal
regulations applicable to ski resorts operating on federal
property." Upon inquiry by committee staff, the sponsor of
this bill provided the requisite federal regulation. These
are set forth in the Forest Service handbook 2709.11, Chapter
4, revised 9/17/2008, page 50 of 63. That section reads as
follows:
41.61c - Operating Plan
It is the responsibility of the authorized officer to ensure
that the holder of a winter recreation resort permit, in
consultation with the authorized officer, prepare and annually
revise an operating plan that covers all operations authorized
by the permit (FSM 2343.13). The authorized officer must
approve the operating plan and annual revisions before they
are implemented. Once approved by the authorized officer,
incorporate the operating plan and annual revisions as an
appendix to the permit.
Hearing Date: April 29, 2009 SB 284
Consultant: Rodger Dillon Page 3
Senate Committee on Labor and Industrial Relations
The operating plan for a winter recreation resort shall, at a
minimum, address the following operations: (1) Ski patrol and
first aid, (2) Communications, (3) Signs, (4) General safety
and sanitation, (5) Erosion control, (6) Accident reporting,
(7) Avalanche control, (8) Search and rescue, (9) Boundary
management, (10) Vegetation management, (11) Designation of
representatives, (12) Trail routes for Nordic skiing, (13)
Explosive Magazine Security (where applicable).
Thus, the actual federal requirements are very non-specific,
relying on federal forest service personnel to determine
whether a particular plan is suitable or sufficient. The
federal regulations would provide little guidance for state
officials considering a safety plan.
3. Proponent Arguments :
The author argues that additional safety measures are
desirable for recreational skier, snow-boarders, and others at
ski resorts in California. The sponsor of the bill, the
California Ski Industry, supports the bill and it provisions.
4. Opponent Arguments :
The California Ski & Snowboard Safety Organization lauds the
author of the bill for its intent of improving skier safety,
but the organization argues that a key component - the
reporting of known serious injuries - is lacking. The
organization opposes SB284 and prefers another bill, AB990
(Jones), because it includes this component as part of an
effort to improve safety.
5. Related Legislation :
AB990 (Jones) is currently in the Assembly Labor and
Employment Committee. AB990 is similar to SB284; however
AB990 additionally requires reporting of serious injuries.
SUPPORT
California Ski Industry Association (sponsor)
Hearing Date: April 29, 2009 SB 284
Consultant: Rodger Dillon Page 4
Senate Committee on Labor and Industrial Relations
OPPOSITION
California Ski & Snowboard Safety Organization
Hearing Date: April 29, 2009 SB 284
Consultant: Rodger Dillon Page 5
Senate Committee on Labor and Industrial Relations