Risk management tidbits that return big rewards
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Transcript of Risk management tidbits that return big rewards
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
Adjunct InstructorAdjunct Instructor
Ski Area Operations Risk Management
Adjunct Instructor
Member of UIAA Safety CommitteeMember of UIAA Safety Committee
• Union Internationale Des Associations D’Alpinisme (International Mountaineering and Climbing Federation)– European Union Organization creating
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 & 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.rec-law.blogspot.com
Author
AuthorAuthor
Colorado Mountain College Ski Area Operations Blog
http://cmcskiops.blogspot.com/
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
Ref: Helmet death ignited by misconception and famous personalities
http://rec-law.blogspot.com/2010/02/helmet-death-ignited-by-misconception_04.html
Skiing/Boarding Helmets and what is the correct message
http://rec-law.blogspot.com/2009/12/helmets-and-what-is-correct-message.html
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
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
PO Box 16743, Golden, CO
www.rec-law.blogspot.com
James H. (Jim) Moss, JD
PO Box 16743, Golden, CO
www.rec-law.blogspot.com