BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Carole Migden, Chair
Date of Hearing: April 11, 2007 2007-2008 Regular
Session
Consultant: Alma Perez Fiscal:Yes
Urgency:No
Bill No: SB 783
Author: Torlakson
Amended Version: April 9, 2007
Subject: Amusement Rides Safety Law.
Purpose:
This bill would extend to temporary (portable) amusement
rides provisions of the permanent amusement ride
requirements currently in law.
Analysis:
Under the existing Amusement Rides Safety Law, enacted in
1969, the Division of Occupational Safety and Health (DOSH)
is responsible for regulating the safe installation,
repair, maintenance, use, operation, and inspection of all
amusement rides.
Among other things, this law provides that:
All amusement rides be inspected before they are
originally put into operation and thereafter at least
once every year.
The operator must report specified injuries that
resulted in a fatality or injury.
Also, there must be on file with DOSH a $500,000
liability insurance policy insuring the owner or
operator against liability for injury suffered by
persons riding the amusement ride.
In 1999, the Permanent Amusement Safety Inspection Program
was chaptered into law providing regulation specifically
for permanent amusement rides.
Among other things, this law requires that:
Permanent amusement parks be inspected annually by
the state.
Employees be trained in the maintenance and
operation of their rides.
Serious accidents be reported to the state.
The owner or operator must have a policy of
insurance in an amount of not less than $1,000,000 per
occurrence insuring them against liabilities.
A civil penalty of up to seventy thousand dollars
($70,000) may be imposed on an owner or operator of an
amusement ride for violations resulting in death or
serious injuries.
Both the regulations under the Amusement Rides Safety Law,
relating to temporary amusement rides (TAR), and the
regulations under the Permanent Amusement Safety Inspection
Program, relating to permanent amusement rides (PAR), are
administered by the Elevator, Ride and Tramway Unit under
DOSH.
This Bill would make changes to the Amusement Rides Safety
Law relating to temporary amusement rides.
This bill extends current provisions for permanent
amusement rides (PARs) under the Permanent Amusement Safety
Inspection Program to the Amusement Rides Safety Law
relating to temporary (portable) amusement rides (TARs).
Specifically, this bill would make the following changes
and additions to this law:
Increase the minimum policy of insurance required
to $1,000,000 per occurrence.
Requires that training be provided by the owner of
an amusement ride to its employees on the safe
operation and maintenance of rides, as required by
sections of the Standard Practice for Ownership and
Operation of Amusement Rides and Devices, adopted by
the American Society for Testing and Materials.
The owner of an amusement ride must maintain all
records necessary to show requirements have been met,
and must make them available to a division inspector
Hearing Date: April 11, 2007 SB
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Consultant: Alma Perez
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Senate Committee on Labor and Industrial Relations
upon request.
Requires immediate reporting of the following
specified accidents by telephone with a written
follow-up (within 24 hours) to the division.
o Patron injury resulting in death or medical
service beyond first aid.
o Mechanical failure of a safety-critical
component.
o Patron falling from a moving ride or a ride
that temporarily stopped in an elevated position.
Equipment suspected of having caused an incident
must be preserved for investigation by the division.
The division may order a cessation of operation if
it is determined that the ride is hazardous or unsafe.
Operation may not resume until conditions are
corrected to the satisfaction of the division.
Eliminates the current misdemeanor penalty an owner
or operator may receive for willful or intentional
violations of this law, and instead, imposes on an
owner or operator a civil penalty of up to seventy
thousand dollars ($70,000).
The bill also provides for a process of appealing
the citation and penalty.
This bill aims at updating the 38-year-old provisions
currently regulating TARs.
Comments:
1. Statistical Background:
Saferparks, a CA non-profit dedicated to preventing
amusement ride injuries through research and information
sharing, submitted a public records request to DOSH for
all carnival ride accident reports on file for years
2000-2006. The following is data gathered from this
request:
Within the years 2000-2006, DOSH was informed of 42
Hearing Date: April 11, 2007 SB
783
Consultant: Alma Perez
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Senate Committee on Labor and Industrial Relations
carnival accidents which resulted in injuries to more
than 60 people (12 of the accidents included
multiple-victims).
The ages of 48 victims were recorded and of these
33% were children aged 1-7, 33% were children aged
8-16, and 33% were adults.
Causation:
o 53% of the reports noted equipment or
operational failure as the cause.
o 33% of the reports noted unsafe patron
actions. Of those, 85% involved unsafe actions by
children aged 1-8, and 50% noted that operational
violations contributed to the accident (e.g.,
incorrect height limits posted).
Reporting compliance:
o 28% of the reports indicated that the
accident was not reported by the ride owner per
state law.
o An additional 12% indicated that the
owner's report was delayed.
o 42% of the reports noted that the
operator failed to preserve the accident scene.
In some cases, the ride was packed up and moved,
in others the ride was dismantled or repaired
before state officials arrived.
SB 783 would require more specific reporting guidelines
for temporary amusement ride owners. The bill would also
require the preservation of equipment suspected of having
caused an incident for investigation by the division.
2. Proponents :
According to Saferparks, public records from DOSH
indicate that current operational policies of some
California carnivals are insufficient to protect
customers from serious accidents. SB 783 would update
California's 38-year-old carnival safety law to meet
Hearing Date: April 11, 2007 SB
783
Consultant: Alma Perez
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Senate Committee on Labor and Industrial Relations
modern accepted practice and harmonize carnival ride
rules with amusement park rules.
Regulatory oversight of amusement ride safety is most
important for children and their families. Children are
at highest risk for injury on amusement rides due to
their small size and inexperience with machinery hazards.
Half of all ride-related accidents involve children
under 13. The risk differential is even greater for
accidents involving a fall or forceful ejection during
the ride cycle. Two thirds of those victims are younger
than 10.
Saferparks believes that families that patronize
California's carnivals deserve safe amusement experiences
on well-maintained, properly operated equipment.
3. Opponents :
According to the California Portable Ride Operators
(CalPro), before overturning forty years of exemplary
safety management, having produced a safety record
unparalleled in the recreation industry, the potential
impact of this legislation should be evaluated.
Members of CalPro have no objection to the insurance
amount increase, however they oppose the reporting
requirements this bill seeks.
CalPro does not object to the requirement to preserve for
investigation any equipment suspected of having caused an
incident, however, they are concerned about the provision
requiring a written accident report. CalPro opposes the
section pertaining to the "cessation of operation" of an
amusement ride as well as the institution of a Civil
Penalty System.
CalPro believes that the inclusion of more standards of
the American Society of Testing and Materials would
benefit DOSH and the industry, but believe it is
cumbersome to include some specific numeric references.
Hearing Date: April 11, 2007 SB
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Consultant: Alma Perez
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Senate Committee on Labor and Industrial Relations
4. Suggested Amendments:
It has been noted by consultants from the interested
parties of this bill that the term "serious injury" as
used in Section 5 of this bill is wrongly referenced to a
previous section of the bill.
On page 5, line 9, the bill states, "that the violation
resulted in a death or serious injury as specified in
Section 7914." Section 7914, as proposed to be amended
by this bill, does not use or define the term serious
injury. Therefore, a suggested amendment would be to
replace the term "serious injury" with other language
such as "reportable injury" to correlate the two sections
of the bill.
This bill has been double referred to this committee and
to the Judiciary committee.
Support:
Children's Advocacy Institute (CAI)
Council for Amusement and Recreational Equipment Safety
(CARES)
Saferparks
Opposition:
California Portable Ride Operators (CalPro)
* * *
Hearing Date: April 11, 2007 SB
783
Consultant: Alma Perez
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Senate Committee on Labor and Industrial Relations