BILL NUMBER: AB 1652 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 25, 2010
INTRODUCED BY Assembly Member Jones
JANUARY 14, 2010
An act to add Part 8.2 (commencing with Section 7935) to
Division 5 of the Labor Code, relating to employment.
An act to add Article 4 (commencing with Section 115815) to Chapter 4
of Part 10 of Division 104 of the Health and Safety Code,
relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1652, as amended, Jones. Safety in employment:
Public safety: ski resorts.
Existing law requires a person under 18 years of age to wear a
properly fitted and fastened bicycle helmet while operating a bicycle
or riding upon a bicycle as a passenger upon the streets or any
other public bicycle path. Existing law also regulates certain
behavior related to recreational activities and public safety,
including among other activities, skateboarding and recreational
water use.
This bill would require a person under 18 years of age or a person
employed by a ski resort, as defined, to wear a properly fitted and
fastened snow sport helmet while operating snow skis or a snowboard.
The bill would require resorts to inform all patrons at the time of
ticket or pass purchase of the helmet requirement. The bill would
require a resort to revoke the ticket or pass of a patron who
violates the helmet requirement if during the resort's usual and
customary enforcement of resort rules the resort identifies a patron
who has violated the requirement.
The bill would also require a ski resort to prepare an annual
safety plan, as specified, that conforms with the requirements of
federal regulations applicable to ski resorts operating on federal
property, as well as other specified requirements. The bill would
also require a ski resort to create a monthly summary report for each
calendar month of operation stating the number of deaths and
injuries at the resort of which mountain operational personnel are
aware. The bill would specify the type of information that would be
included in the report as well as the types of documents that would
be used to compile the report.
The bill would also require a ski resort to provide the annual
safety plan, the monthly summary report, or the source documentation
information used to compile those materials to any person upon
request, within 14 days, charging no more than $0.25 per page. The
bill would also provide that if a ski resort fails to comply with
those provisions, the requesting individual is authorized to use that
failure as the basis to initiate a civil cause of action to compel
the production of the requested items. The bill would allow a
prevailing plaintiff in that action to obtain costs and fees.
Existing law specifies the requirements for obtaining a license
for, and operating, a passenger aerial tramway. Existing law 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, in addition, would require the division to utilize the
most current safety standards when inspecting aerial passenger
tramways operated at ski resorts.
The bill would also impose certain requirements on each ski
resort, including (1) filing an annual safety plan with the division
and providing that plan to the public and the division, as specified,
(2) reporting to the division, on an annual basis, regarding each
injury to a patron resulting from a recreational activity, (3)
reporting to the division, within 24 hours, each patron fatality
resulting from a recreational activity, (4) standardizing safety
signage and safety equipment in use at the resort, (5) requiring each
employee to wear a ski helmet when skiing or snowboarding on the
job, and (6) adopting and enforcing a rule requiring each patron of
the ski resort who is under 18 years of age to wear a ski helmet when
skiing or snowboarding within the resort. Repeated violation of
these provisions relating to employees would constitute a
misdemeanor. By creating a new crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section
115815) is added to Chapter 4 of Part 10 of Division 104 of the
Health and Safety Code , to read:
Article 4. Ski Resorts
115815. For the purposes of this article, the following
definitions shall apply:
(a) "Ski resort" means any ski resort that operates in California.
(b) "Skier day" refers to a ski industry term used to denote one
visit to a ski resort by a guest who skis or snowboards. The term is
used to compute and state attendance figures over the course of a ski
and snowboard season.
115816. (a) The ski resort shall prepare an annual safety plan
that conforms with the requirements of federal regulations applicable
to ski resorts operating on federal property. In addition to meeting
federal requirements, the plan shall include the following:
(1) A description of standardized signage and signage placement
marking ski area boundaries and both natural and manmade hazards, and
a description of how that signage and its placement also facilitate
the safe flow of skiers and snowboarders.
(2) A key to all signage to be included on all trail maps and
posted in conspicuous locations at each lift entrance and exit.
(3) The types of manmade and natural hazards or obstacles that
will be marked by signage, be subject to protection, or both, and if
subject to protection by fencing, padding or other impact mitigation
or diversion, the plan shall include the specific methods and
materials to be used.
(b) The ski resort shall post the annual safety plan at a location
in the ski resort where it can be viewed by the public, make the
plan available to any person who requests it at the ski resort, and
make the plan available on the ski resort's Internet Web site, if one
is maintained.
115817. (a) The ski resort shall create a monthly summary report
for each calendar month of operation stating the number of deaths and
injuries at the resort of which employees of the ski resort are
aware. Injuries shall be reported, with respect to treatment outcomes
for the injured person, in the following categories:
(1) Evacuated to a medical care facility by air or ground
emergency medical transport vehicle.
(2) Treated and released at a mountain medical care facility.
(3) Not treated but advised to seek followup medical care.
(b) The monthly summary report shall also include the total number
of skier days for that month.
(c) The ski resort shall provide the monthly summary report to any
person who requests it in person or in writing. The monthly summary
report shall be provided within three business days of a request.
(d) The monthly summary report for any month shall be made
available by no later than the 15th day of following month.
(e) The monthly summary reports shall be generated using the
source documentation information described in Section 115818.
115818. (a) (1) The source documentation information described in
subdivision (b) or (c) shall be made available to any person who
requests it in person or in writing.
(2) The resort may charge a reasonable fee, not to exceed
twenty-five cents ($0.25) per page, to provide copies and recover
cost of postage, if applicable, of the documents to the requesting
party.
(3) The resort shall provide the requested documents within 14
business days of any request.
(b) A description of each injury or fatality that resulted from a
recreational activity, such as skiing, snowboarding, or sledding, and
that occurred on the ski resort's property or to a patron of whom
the resort is aware who, by choice or inadvertently, went beyond the
recreational boundary of the resort. The documents need only include
those injuries for which the ski resort or ski operating personnel
have generated a written report or of which the resort or those
personnel are aware absent a report. The description of the injury
shall contain all of the following information, if known:
(1) Age and sex of the person who was injured or died.
(2) Date and time of the injury or death.
(3) Cause of injury or death.
(4) Apparent nature and anatomical location of injury or injuries.
(5) Apparent consciousness of injured person.
(6) Type of recreational activity involved or equipment used
(skiing, snowboarding, or sledding).
(7) Equipment ownership (owned, rented, or borrowed).
(8) Helmet use.
(9) Self-reported ability (beginner, intermediate, or advanced).
(10) Location at the resort where the injury or death occurred.
(11) Trail rating at the location where the injury or death
occurred (beginner, intermediate, expert, or terrain park).
(12) Degree of fall (high, medium, or level surface).
(13) Collision with person or object.
(14) Whether a lift was involved.
(15) Wind conditions (calm, breezy, or windy).
(16) Visibility.
(c) The documents shall indicate whether resort personnel
recommended that the injured or deceased person seek medical
treatment, transport to a hospital, or a visit to a medical doctor.
(d) The documents shall have the name, address, social security
number, or any other personally identifying information redacted
prior to public viewing or duplication pursuant to a request as
described in subdivision (a).
115819. If a resort fails to comply with subdivision (c) or
Section 115817 or Section 115818, the requesting individual may use
that failure as the basis to initiate a civil cause of action to
compel the production of the requested items. If the individual
prevails in a civil action to compel the production of these reports
or documents, the resort shall also pay the cost of the individual's
attorney's fees and court costs.
115820. (a) A person under 18 years of age shall not operate snow
skis or a snowboard unless that person is wearing a properly fitted
and fastened snow sport helmet that meets the standards of the ASTM
International or the Snell Memorial Foundation.
(b) A person employed by a ski resort shall not operate snow skis
or a snowboard unless that person is wearing a properly fitted and
fastened snow sport helmet that meets the standards of the ASTM
International or the Snell Memorial Foundation.
(c) Resorts shall inform all patrons at the time of ticket or pass
purchase of the helmet requirement described in subdivision (a). If
a resort during its usual and customary enforcement of resort rules
identifies a patron who violates the requirement in subdivision (a),
the resort shall revoke the ticket or pass of the patron.
SECTION 1. Part 8.2 (commencing with Section
7935) is added to Division 5 of the Labor Code, to read:
PART 8.2. Ski Resort Safety
7935. (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. Neither the division nor division
inspectors have any responsibility to evaluate an annual safety plan
submitted to the division.
(3) Post the annual safety plan at a location in the ski resort
where it can be viewed by the public.
(4) Make the annual safety plan available to anyone who requests
it at the ski resort.
(5) Make the annual safety plan available on the ski resort's
Internet Web site, if one is maintained.
(6) Make the annual safety plan available to a division inspector,
upon demand.
(7) (A) Submit to the division an annual report containing the
following information, if known:
(i) A description of each injury that resulted from a recreational
activity, such as skiing, snowboarding, or sledding, that the resort
is designed to provide, and that occurred on the ski resort
property. The report need only include those injuries that the ski
patrol or ski resort operating personnel are aware of, and that
required transport to a hospital, a hospital visit, admission to a
hospital, surgery, or a visit to a medical doctor for further
evaluation or care.
(ii) The age of each person injured in an incident identified in
clause (i), the type of recreational activity involved, the cause of
the injury, the location at the resort where the injury occurred, and
the name of any facility where medical treatment was provided. The
report shall not identify an injured person by name.
(B) The annual report shall be submitted to the division no later
than August 1 of each calendar year, and shall reflect injuries, if
known, that occurred at the ski resort during the previous one-year
period preceding the August 1 report.
(C) The division shall have no responsibility to evaluate or
summarize the information provided pursuant to this paragraph.
(8) (A) Submit to the division, within 24 hours, the following
information, if known:
(i) A description of each incident resulting in a fatality that
resulted from a recreational activity, such as skiing, snowboarding,
or sledding, that the resort is designed to provide, and that
occurred on the ski resort property.
(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 division shall have no responsibility to evaluate or
summarize the information provided pursuant to this paragraph.
(C) The reporting requirements for injuries and fatalities
contained in this paragraph and in paragraph (7) do not apply to
injuries or fatalities to employees or contractors of the ski resort
and are not intended to modify or abridge any reporting requirement
regarding an injury or fatality to an employee or contractor.
(9) Establish standardized signage used to indicate a ski area
boundary or hazard, or provide other safety information. Safety signs
shall be posted to facilitate the safe flow of skiers and to warn of
hazardous terrain. A sign and key to the marking symbols shall be
included in all trail maps and shall be posted in conspicuous
locations at each lift entrance and exit. Division inspectors may
note the presence or absence of signage required under this paragraph
on their inspection forms as part of their inspections of the aerial
tramways.
(10) Establish a policy for standardized safety padding for use at
lift towers and fixed snow making equipment in close proximity to
ski runs or to the anticipated path of skiers, snowboarders, or
sledders.
(11) Require each employee to wear a ski helmet meeting the
specifications of the American Society of Testing Materials or the
Snell Memorial Foundation when skiing or snowboarding on the job.
(12) Adopt and enforce a rule requiring each patron of the ski
resort who is under 18 years of age to wear a ski helmet meeting the
specifications of the American Society of Testing Materials or the
Snell Memorial Foundation when skiing or snowboarding within the
resort.
(b) When inspecting ski resort tramways, the division shall use
the most current aerial tramway safety standards.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.