Bill Text: CA AB1652 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public safety: ski resorts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB1652 Detail]

Download: California-2009-AB1652-Introduced.html

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BILL NUMBER: AB 1652	INTRODUCED
	BILL TEXT


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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1652, as introduced, Jones. Safety in employment: ski resorts.
   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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.