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Risk management tidbits that return big rewards

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Risk Management Tidbits that return Big Rewards
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Risk Management Tidbits that return Big RewardsRisk Management Tidbits that return Big Rewards

DisclaimerDisclaimer

All legal advice by it’s very nature is subject to change and the laws of each state. All legal advice requires a

review by your local attorney.

All legal advice by it’s very nature is subject to change and the laws of each state. All legal advice requires a

review by your local attorney.

RealityReality• 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

American Society of Testing & MaterialsAmerican Society of Testing & Materials

• Committee F08 on Sports Equipment and Facilities

• Committee F27 on Snow Skiing • Committee F32 on Search and Rescue

Author: Recreation-Law BlogAuthor: Recreation-Law Blog

www.recreation-law.com

Author

AttorneyRisk Management Consultant

Expert Witness

AttorneyRisk Management Consultant

Expert Witness

Professional ResponsibilityProfessional 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

Always follow your Area RulesAlways follow your Area Rules

• There maybe new ideas you can take back• There may be ideas that conflict• There maybe ideas that will fit• Conflict with insurance policy• Conflict with legal department

Make Sure you do not conflict

You have to treat everyone the same way

You have to treat everyone the same way

Everyone or No One must Sign a ReleaseEveryone 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 press about things that happen a lot

Don’t lie to the press about things that happen a lot

Kids falling from LiftsKids 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

HelmetsHelmetsI don’t know what I’m talking about but I know about helmetsI don’t know what I’m talking about but I know about helmets

Major Attempts to Require HelmetsMajor Attempts to Require Helmets

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

Several states are looking at mandatory helmet use by kids

Mandatory Helmets reduce participationMandatory Helmets reduce participation

However 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 277-278Brent E. Hagel and I. Barry Pless

Besides they don’t work

Besides they don’t work

To prevent fatalitiesTo prevent fatalities

Do helmets reduce fatalities or merely alter the Patterns of Death by Shealy, Jasper E., Johnson, Robert J., and Ettlinger, Carl F. Skiing Trauma and Safety, 17th Volume 2009

Head injuries in Snowboarding: Evaluating the Protective Rule, Scher, Iriving, Richards, Darrin, and Carhart, Michael, Skiing Trauma and Safety, 16th Volume, 2008.

Comfort BarsComfort BarsOr whatever you are calling them now…….Or whatever you are calling them now…….

Back in the newsBack in the news

• Interesting Article about comfort bars• http://rec-law.blogspot.com/2010/01/

interesting-article-about-comfort-bars.html

Have we convinced the public that comfort bars are going to save them?

Don’t say anything bad about a resort………

Don’t say anything bad about a resort………

Don’t say anything bad about the resort or you’ll lose your season passDon’t say anything bad about the resort or you’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

A cell phone can save your lifeA cell phone can save your life

Get lost in the backcountry and just call for helpGet lost in the backcountry and just call for help

• 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

Tahoe skier gets lostCalls on his cell phoneWhen interviewed he said every one going in the back country should have a fully charged cell phone

Ski Resorts and Charging for Rescue

Ski Resorts and Charging for Rescue

Idiots should have to payIdiots should have to pay

• Alyeska ski resort now billing for rescue• http://rec-law.blogspot.com/2009/03/

alyeska-ski-resort-now-billing-for.html

However there is tons of evidence that the fear of being charged for a SAR prevents people from callingThen when they do call, it is tougher on the SAR team

Worse shape physicallyLater at night

OSHAOSHA

OSHA is mandating helmets for ski area employeesOSHA is mandating helmets for ski area employees

• 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/

personalprotectiveequipment/index.html

OSHA has stated that a helmet for a ski area employee is PPE

OSHAOSHA

Covering up InjuriesCovering 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

OSHAPPE/

Helmets

InjuriesConfined

Space

Fall

Protection

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Concept ConceptConcept Concept

ConceptConcept ConceptConcept

Questions?Questions?

Thank YouThank You

Contact me:

Email me and keep me in the loop.Let me know what is going on

Ask me questions

Contact me:

Email me and keep me in the loop.Let me know what is going on

Ask me questions

Contact InfoContact Info

James H. (Jim) Moss, JD

[email protected]

PO Box 16743, Golden, CO

www.recreation-law.com

James H. (Jim) Moss, JD

[email protected]

PO Box 16743, Golden, CO

www.recreation-law.com


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