Bill Text: CA AB990 | 2009-2010 | Regular Session | Amended

---

Bill Title: Safety in employment: ski resorts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB990 Detail]

Download: California-2009-AB990-Amended.html

---

BILL NUMBER: AB 990	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 27, 2009

   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 990, as amended, Jones. Safety in employment: ski resorts.
   Existing law specifies the requirements for obtaining a license
for, and operating a passenger aerial tramway. It 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 would also require the division to utilize the most
current safety standards when inspecting aerial passenger tramways
operated at ski resorts.
   This bill would also require ski resorts to file an annual safety
report with the division, post the safety plan at the resort and on
the resort's Internet Web site, report to the division on a quarterly
basis any serious injuries or fatalities involving patrons at the
resort, and standardize safety signage and safety equipment in use at
the resort.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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. 
   (3) Post the annual safety plan at the ski resort in a conspicuous
location.  
   (3) Post the annual safety report at a location in the ski resort
where it can be viewed by the public.  
   (4) Make the annual safety report available to anyone who requests
it at the ski resort.  
   (4) 
    (5)  Make the annual safety report available on the ski
resort's Internet Web site, if one is maintained. 
   (5) 
    (6)  Make the annual safety report available to a
division inspector, upon demand. 
   (6) 
    (7)  (A) Submit to the division a quarterly report
containing the following information, if known:
   (i) A description of each injury and fatality  occurring
on the ski resort property  that resulted from a
recreational activity, such as skiing, snowboarding, and sledding,
that the resort is designed to  provide, and that required
medical treatment other than ordinary first aid.  
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 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 or killed in an incident
identified in subparagraph (A), the type of recreational activity
involved, the cause of the injury or fatality, the location at the
resort where the injury or fatality occurred, and the name of any
facility where medical treatment was provided. The report shall not
identify an injured or deceased person by name.
   (B) The reporting requirements of this paragraph do not apply to
injuries to employees or contractors of the ski resort and are not
intended to modify or abridge any reporting requirement regarding
injury to an employee or contractor. 
   (7) 
    (8)  Establish standardized signage used to indicate a
ski area boundary, hazard, or other safety information. A sufficient
number of 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 the base and top of each run and
at each lift entrance and exit.  Signage shall be subject to
inspection by the division. 
   (8) Utilize standardized safety padding or other barriers for all
infrastructure located on or in close proximity to ski runs.
 
   (9) Establish a policy for standardized safety padding for use at
lift towers, snow making equipment, and similar structures or
equipment located on, or in close proximity to, ski runs and at
natural hazards known to the ski resort to be on, or in close
proximity to, the anticipated path of skiers. 
   (b) When inspecting ski resort tramways, the division shall use
the most current aerial tramway safety standards.