BILL ANALYSIS Ó
SB 278
Page 1
Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 278 (Gaines) - As Amended: April 25, 2011
SENATE VOTE : 38-0
SUBJECT : Public safety: ski resorts.
SUMMARY : Requires ski resorts to prepare an annual safety plan,
as specified, and make the plan available to the public upon
request, the same day that the request is received.
Specifically, this bill :
1)Requires ski resorts to:
a) Prepare an annual safety plan that conforms with the
requirements of federal regulations applicable to ski
resorts operating on federal property.
b) Make the annual safety plan available to the public at
the ski resort, upon request, the same day the request is
received.
c) Make available to the public, within 30 days of receipt
of a request, a monthly report containing (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; and,
ii) The age of each person fatally injured in an
incident identified in i) above, 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.
d) Establish its own signage policy used to indicate the
ski area boundaries, closed areas, relative degree of slope
difficulty, and other safety and educational information.
e) Establish its own policy for safety padding or other
SB 278
Page 2
barriers for lift towers and fixed snowmaking equipment
located on or in close proximity to groomed ski runs.
2)Prohibits anything in this bill from being construed to change
the existing assumption of risk doctrine as it applies to ski
resorts.
FISCAL EFFECT : None
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, California has
25 ski resorts, 19 of which are located on public land and are
regulated by the U.S. Forest Service or U.S. Park Service.
Each resort maintains an operating plan that includes policies
regarding: the posting of signs; warnings related to ski slope
conditions, boundaries, and known hazards; and, the padding of
towers and snowmaking equipment. While each resort maintains
a safety plan as part of its operating plan, there is
currently no state law requiring such a document. The author
states that the intent of this bill is to require ski resorts
to prepare a safety plan and provide public access to
information regarding ski and snowboard fatalities. It is
being introduced because there was a need to have a uniform
safety plan among ski resorts that the public could be
familiar with, and also a streamlined process for them to be
able to access reports of fatalities at these resorts due to
snow activities.
2)SKI AND SNOWBOARD ACCIDENT STATISTICS . According to "Skiing
Trauma and Safety: Sixteenth Volume," accidents claimed the
lives of 562 snowboarders and skiers at U.S. ski resorts
between 1992 and 2005. The significant majority of the
fatalities were skiers. Experienced males between the ages of
18 and 43 accounted for most of the deaths, most commonly due
to severe head injuries resulting from high-speed impact with
a tree. An estimated 100,000 to 140,000 injuries at ski
resorts require treatment in an emergency room each year.
Approximately 37.1 people have died skiing or snowboarding per
year on average.
3)SKI AND SNOWBOARD HELMET STUDIES . Numerous studies conducted
in the last few years have shown that skiers and snowboarders
who wear helmets have a reduced risk of head injuries.
According to a 2005 study by Hagel, Pless, Goulet, Platt, and
SB 278
Page 3
Robitaille titled "Effectiveness of Helmets in Skiers and
Snowboarders: Case-Control and Case Crossover Study," helmets
may reduce the risk of head injuries in skiers and
snowboarders by 29%-56%. Another study by Macnab, Smith, and
Gagnon titled, "Effect of Helmet Wear on the Incidence of
Head/face and Cervical Spine Injuries in Young Skiers and
Snowboarders," found that helmet use for skiers and
snowboarders under the age of 13 reduces the incidence of head
injury requiring investigation and/or treatment. Both studies
concluded that helmets protect skiers and snowboarders against
head injuries.
4)ASSEMBLY JUDICIARY COMMITTEE INFORMATIONAL HEARING . In
November 2008 the Assembly Judiciary Committee held an
informational hearing on the "Ski and Snowboard Health, Safety
and Liability Standards." The background materials stated
approximately 30 resorts in California draw skiers and
snowboarders from all over the world. Recently publicized
deaths and injuries of resort guests and personnel have drawn
public attention to the industry's safety policies and
practices. The vast majority of the public is poorly informed
about serious risks facing the customers, as well as, the
employees at California ski resorts. The ski industry in
California has no uniform safety policies, procedures, or
signage, and those safety practices that are in place vary
from location to location. Increased snowboarding presents
unique safety issues and the need for specific new
precautionary measures.
5)RESORTS ON FEDERAL PROPERTY . Federal regulations state that
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. 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. The operating plan for a winter
recreation resort is required to, at a minimum, address the
following operations: a) ski patrol and first aid; b)
communications; c) signs; d) general safety and sanitation; e)
erosion control; f) accident reporting; g) avalanche control;
h) search and rescue; i) boundary management; j) vegetation
management; k) designation of representatives; l) trail routes
SB 278
Page 4
for Nordic skiing; and, m) explosive magazine security (where
applicable). The federal requirements are non-specific,
relying on federal forest service personnel to determine
whether a particular plan is suitable or sufficient. The
federal regulations provide little guidance for state
officials considering a safety plan.
6)SUPPORT . The California Ski Industry Association states that
individuals and families should be as informed about the
hazards and risks that exist, and that California ski resorts
should make reasonable efforts to prevent and reduce the
number of accidents and injuries without fundamentally
altering the enjoyment of the sport. The California Travel
Association states that this bill will provide necessary
safety precautions for the continued enjoyment of winter
sports in California without placing substantial burdens on
the resorts or exposing them to increased liability. The
California Chapter of the American College of Emergency
Physicians writes that during the winter months, patients with
injuries resulting from ski and snowboard accidents are seen
by their members, and many of these injuries could be avoided
if signage for boundaries and hazards are posted at ski
resorts. The California State Sheriffs' Association writes
that this bill will ensure that both ski resorts and the
public have all the pertinent information to have the safest
experience possible while skiing.
7)RELATED LEGISLATION . SB 105 (Yee) requires individuals under
18 years of age to wear helmets when skiing and snowboarding
and imposes a fee for a violation of this requirement. SB 105
is set to be heard in this Committee on June 14, 2011.
8)PREVIOUS LEGISLATION . Last year, AB 1652 (Jones) contained
substantially similar provisions as this bill and SB 880 (Yee)
contained substantially similar provisions to SB 105. SB 880
was chaptered, however its provisions were contingent on the
enactment of AB 1652, which was vetoed by the Governor.
AB 990 (Jones) of 2009 would have required ski resorts to
prepare and file an annual safety report with the Department
of Occupational Health and Safety (DOSH) and to report to the
DOSH on a quarterly basis any serious injuries or fatalities
involving patrons at the ski resort. AB 990 died on the
Suspense File in the Assembly Appropriations Committee.
SB 278
Page 5
SB 284 (Cox) of 2009 would have required DOSH to utilize the
most current safety standards when inspecting aerial passenger
tramways operated at ski resorts. SB 284 would have also
required ski resorts to file an annual safety plan with the
DOSH, make the safety plan available on demand, report to
DOSH, within 24 hours, any fatalities involving patrons at the
resort, and standardize safety signage and equipment padding
in use at the resort. SB 284 died in the Senate Labor and
Industrial Relations Committee where it was set for a hearing,
but the hearing was cancelled at the request of the author.
AB 2218 (Keeley) of 2002 would have created the California Ski
Safety Commission (Commission) in order to adopt uniform signs
and provide a copy of its standards and recommendations to all
ski areas doing business in California. AB 2218 would have
also required ski areas that post signs to use signs adopted
by the Commission. AB 2218 failed passage in the Senate
Appropriations Committee.
9)DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to
the Assembly Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION :
Support
California Ski Industry Association (sponsor)
California Ski and Snowboard Safety Organization (sponsor)
California Chapter of the American College of Emergency
Physicians
California Chiropractic Association
California Emergency Nurses Association
California State Sheriffs' Association
California Travel Association
Opposition
None on file.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
SB 278
Page 6