BILL ANALYSIS
AB 990
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
William W. Monning, Chair
AB 990 (Jones) - As Amended: April 13, 2009
SUBJECT : Safety in employment.
SUMMARY : Requires ski resorts to prepare and file an annual
safety report with the Division of Occupational Safety and
Health (DOSH) and to report to the DOSH on a quarterly basis any
serious injuries or fatalities involving patrons at the ski
resort. Specifically, this bill :
1)Requires ski resorts that operate in the state of California
to 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 and to file a copy
with the DOSH in addition to any safety plan required to be
filed with the United States Forest Service (U.S. Forest
Service).
b) Post the annual safety plan at the ski resort in a
conspicuous location and place the annual safety plan on
the ski resort's Internet Web site if they maintain one.
c) Establish standardized signage which would be used to
indicate a ski area boundary, hazard, and safety
information and post a sufficient number of safety signs to
facilitate the safe flow of skiers and to warn of hazardous
terrain.
d) Utilize standardized safety padding or other barriers
for all infrastructures located on or in close proximity to
ski runs.
e) Submit to the DOSH a quarterly report containing, among
other things, the description of each injury and fatality
of a patron occurring on the ski resort property that
required medical treatment other than ordinary first aid,
if known.
1)Requires the DOSH to utilize the most current safety standards
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when inspecting aerial passenger tramways operated at ski
resorts.
EXISTING STATE LAW:
1)Specifies the requirements, among other things, for obtaining
a license for and the operation of passenger aerial tramway at
ski resorts. It also requires the DOSH to conduct
inspections of aerial tramways at biannually.
2)Provides that every person who, among other things, willfully
commits a trespass by knowingly skiing in an area or on a ski
trail which is closed to the public and has signs posted
indicating the closure is guilty of a misdemeanor.
3)Requires the reporting of any fatality or injury of a patron
requiring more than standard first aid by an operator of
amusement rides to DOSH.
EXISTING FEDERAL LAW : Provides that the Secretary of
Agriculture is authorized to issue permits for the use and
occupancy of lands within the National Forest System for Nordic
and alpine skiing operations and purposes.
FISCAL EFFECT : Unknown
COMMENTS :
The author's office contends that California's ski resorts are
essentially unregulated. They state there are no provisions
requiring specific safety measure, with the exception of
inspections of aerial tramways by DOSH. Signs indicating
hazards or dangerous boundaries are not standardized and clearly
understood, nor is the information regarding the ski resorts
safety plans or record of injuries and fatalities readily
available to the public.
Most, but not all, of California's ski resorts are located on
federal land, which subjects them to some oversight by the U.S.
Forest Service. Ski resorts located on federal property are
required to file annual operating or safety plans with U.S.
Forest Service. Individuals testifying at an informational
hearing of the Assembly Judiciary Committee in November 2008
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reported great difficulty obtaining copies of the plans from the
U.S. Forest Service when they filed the required Freedom of
Information Act (FOIA) request. It is the author's hope that
requiring the ski resorts to file with DOSH the annual safety
plan and to maintain the list of injuries or fatalities
occurring at the ski resort that they will be easily accessible
to Californians.
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 packet stated
California's mountains host an extensive recreational skiing and
snowboarding industry. Approximately 30 resorts draw skiers and
snowboarders from all over the world. Recently publicized
deaths and injuries of resort guest and personnel have drawn
public attention to the industry's safety policies and
practices. The vast majority of public is poorly informed about
serious risks facing the customers as well as employees at
California resorts. The ski industry 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.
Unlike most states with major ski resorts, California has no ski
safety statute, no proactive oversight and no established ski
and snowboard safety standards. Although the U.S. Forest
Service has contractual authority to enforce safety improvements
on land leased to ski resorts, with no established national
safety standards, the Forest Service takes a "hands-off"
position on safety regulation.
The California ski industry enjoys legal liability protection
through a common law doctrine of "assumed risk" as well as
contractual negligence waivers included on ski pass purchase
agreements. As a result of these protections, ski resorts have
limited exposure to legal liability. In addition there is no
publicly accessible, statewide repository of information on ski
resort related deaths and injuries.
There is a clear and pressing need to educate the public about
safety issues related to skiing and snowboarding at California
resorts, determine the best safety practices for these ski
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resorts and ensure access to actual statistics regarding
injuries and fatalities that occur at various California ski
resorts.
In order to inform the public and promote skier safety, Dr. Dan
Gregorie created the California Ski and Snowboard Safety
Organization (CSSSO). Among the functions of the CSSSO are the
following:
a) Monitoring and informing the public regarding the safety
issues related to skiing and snowboarding at California
resorts;
b) Serving as an educational resource to the public and
industry on best safety practices;
c) Informing legislators regarding best practice
legislation and regulation in other states; and,
d) Advocating for the passage of best practice skiing and
snowboarding safety legislation in California and
partnering with health and safety organizations working to
ensure the safest possible recreational and work
environments for the public and mountain operations'
personnel.
DOSH is in the process of promulgating newer more up-to-date
regulations for safety standards to be utilized when inspecting
aerial passenger tramways operated at ski resorts.
ARGUMENTS IN SUPPORT :
The sponsor of this bill, the CSSSO, states that by requiring
ski resorts to make their safety plans accessible to the public
and to provide quarterly reports on injuries and fatalities
occurring at their facilities including the type of activity
involved, the cause of the injury or fatality, the location of
the resort where the injury or fatality occurred and the name of
the facility where the medical treatment was provided, gives
consumers access to information that could help them make
decisions regarding their own personal safety. They also state
that the requirement to establish standardized safety signage
and padding or other barriers will positively impact the
implementation and improvement of safety measures at the ski
resorts.
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Snowbridge Associates contend that skiing and snowboarding are
often thought of as inherently dangerous activities. At
commercial ski resorts customers expect consistent warnings of
and protections against certain types of hazards. Customers
trust that the ski resorts have done this when they buy a ticket
and go onto the slopes. When in place these warnings and
protections allow customers to chose the level of risk they
want. To make an informed choice the existing hazards must be
readily apparent to customers either because they are obvious
already or because they are marked with signs when not so
obvious. Requiring the posting of warning signs and marking
hazards on the slopes will help inform customers since there are
no written standards for ski resorts to follow currently,
leading to confusion, misinformation and often unnecessary
injuries, death or medical costs.
Other supporter's arguments echo the above statements.
ARGUMENTS IN OPPOSITION :
The California Ski Industry Association states they are
agreeable to many provisions in the bill, including filing a
copy of annual safety plans with Cal-OSHA, making the safety
plans available to anyone upon request at the ski resort, and
reporting known fatalities to the division quarterly. They also
state they agree to the requirement that each ski resort
establish a standardized signage policy, as well as a policy for
safety padding or other barriers for lift towers and fixed snow
making equipment located on, or in close proximity, to groomed
ski runs.
However, their major concern remains the reporting of ski or
snowboard related injuries. Their resorts have over 1400
well-trained and equipped professional and volunteer patrollers,
their
duties are limited to rendering first aid, as defined by the
federal OSHA regulations. Injured
patrons are often stabilized at the resort then if professional
medical attention is required, transportation is arranged to the
appropriate medical facility or provider. They point out that
with the Health Insurance Portability and Accountability Act of
1996 (HIPAA) Privacy Rule (HIPPA) patient privacy laws, resorts
no longer receive reports as to the actual injury.
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Insurance regulations require that resorts maintain "incident
reports" in the event that there is a
subsequent claim. These "incident reports" may include the
patroller's description of possible or
probable injury. Prior to HIPPA laws it was not uncommon to
learn that possible fractures were
in fact sprains or a possible paralysis would disappear when the
swelling went down.
Descriptions of possible injuries on incident reports are
conservative estimates. They contend that the ski resorts
seldom learn the actual outcome of any given incident.
PRIOR AND RELATED LEGISLATION :
SB 284 (Cox) of 2009 requires the DOSH to utilize the most
current safety standards when inspecting aerial passenger
tramways operated at ski resorts. The bill also requires ski
resorts to file an annual safety plan with the DOSH, make the
safety plan available on demand, report to the DOSH on a
quarterly basis any fatalities involving patrons at the resort,
and standardize safety signage and equipment padding in use at
the resort. This bill was just amended on April 13th by the
opposition in response to negotiations with the author's office.
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 also would have
required ski areas that post signs to use the signs adopted by
the Commission. This bill failed passage in the Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chiropractic Association
California Coalition for Children's Safety & Health
California Medical Association
California School Nurses Organization
California Ski & Snowboard Safety Organization (sponsor)
Consumer Attorneys of California
Numerous Individuals
Saferparks
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Snowbridge Associates
Opposition
California Ski Industry Association
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091