DisclaimerAll legal advice by it’s verynature is subject to changeand the laws of each state. All legal advice requires a review by your local attorney.
Reality • No matter what we learn here a judge can change it. • By the time we get done with the conference a judge has probably changed it. • If you are really bad, you are probably going to lose
Adjunct InstructorAdjunct InstructorSki Area Operations Risk Management
• Union Internationale Des Associations D’Alpinisme (International Mountaineering and Climbing Federation) Member of Union Organization creating – European UIAA Safety Committee standards for Rock Climbing, Mountaineering, Ice Climbing and Ski Mountaineering equipment The European equivalent to the ASTM – Makes standards for ski equipment in Europe
American Society of Testing & Materials• Committee F08 on Sports Equipment and Facilities• Committee F27 on Snow Skiing• Committee F32 on Search and Rescue
Professional Responsibility• My job to inform• Your job to figure out what you want to do with it• Your job on how to integrate with your Risk Management Program, Your Insurance and Your Legal Counsel
Make Sure you do not conflict• There maybe new ideas you can take back• There may be ideas that conflictAlways follow your Area Rules fit• There maybe ideas that will• Conflict with insurance policy• Conflict with legal department
Everyone or No One must Sign a Release• Amusement Park in Arizona wanted a group of disabled patrons to sign a release to play miniature golf• Group filed a complaint with the Department of Justice• Amusement park discriminated against the group which is a violation of the ADA – $1000 Fine – Park must improve accessibility – Park must train all employees in ADA http://www.ada.gov/castlescoasters.htm
Don’t lie to the pressabout things thathappen a lot
Kids falling from Lifts • The press jumped all over any child falling from a lift • Most resorts who had a problem reported that it had never occurred or rarely occurred. • If the press finds out that kids fall out of lifts all the time we will be crucified! Ref: People including children fall off chair lifts. http://rec-law.blogspot.com/2010/04/people-including-children- fall-off.html
HelmetsI don’t know what I’m talking about but Iknow about helmets
Major Attempts to Require HelmetsSeveral states are looking atmandatory helmet use by kids Ref: I could not make my son wear a helmet so I’m going to make you wear one http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear- helmet-so.html
Mandatory Helmets reduce participationHowever studies out of Australia show that when a sport requires helmet use by kids the number of kids participating in the sport drops dramatically. Ref: I could not make my son wear a helmet so I’m going to make you wear one http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear- helmet-so.html • A critical examination of arguments against bicycle helmet use and legislation • Accident Analysis & Prevention, Volume 38, Issue 2, March 2006, Pages 277-278 Brent E. Hagel and I. Barry Pless
Ref: Helmet death ignited by misconception and famous personalitieshttp://rec-law.blogspot.com/2010/02/helmet- death-ignited-by-misconception_04.htmlSkiing/Boarding Helmets and what is the correct messagehttp://rec-law.blogspot.com/2009/12/helmets- and-what-is-correct-message.html
Do helmets reduce fatalities or merely alter thePatterns of Death by Shealy, Jasper E., Johnson,Robert J., and Ettlinger, Carl F. Skiing Traumaand Safety, 17th Volume 2009Head injuries in Snowboarding: Evaluating theProtective Rule, Scher, Iriving, Richards, Darrin,and Carhart, Michael, Skiing Trauma and Safety,16th Volume, 2008.
Comfort BarsOr whatever you are calling themnow…….
Back in the newsHave we convinced thepublic that comfort barsare going to save them? • Interesting Article about comfort bars • http://rec- law.blogspot.com/2010/01/interesting- article-about-comfort-bars.html
Don’t say anything bad about the resort oryou’ll lose your season pass • I’m taking my ball and going home because I don’t like you! • http://rec- law.blogspot.com/2010/01/im-taking- my-ball-and-going-home.html
Get lost in the backcountry and just call for helpTahoe skier gets lostCalls on his cell phoneWhen interviewed he said every onegoing in the back country should havea fully charged cell phone • The Interview provides a lot of information on why the @#%(@ got lost. • http://rec- law.blogspot.com/2009/03/interview- provides-lot-of-information.html
Idiots should have to payHowever there is tons of evidence that thefear of being charged for a SAR preventspeople from callingThen when they do call, it is tougher on theSAR team Worse shape physically Later at night • Alyeska ski resort now billing for rescue • http://rec- law.blogspot.com/2009/03/alyeska-ski- resort-now-billing-for.html
OSHA is mandating helmets for ski areaemployees OSHA has stated that a helmet for a ski area employee is PPE • OSHA Officially recommending helmets for ski area employees • http://rec-law.blogspot.com/2009/12/osha- officially-recommending-helmets.html • Personal Protective Equipment (PPE) • http://www.osha.gov/SLTC/personalprotectiveeq uipment/index.html
Covering up Injuries OSHA is concerned about companies: Paying employees to not report injuries Paying for WC injuries under the table Incentive programs that reward employees for not reporting injuries $70,000 fine per occurrence
Fall Protection Confined Injuries Space PPE/Helmets OSHA