(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section six, article fifteen, chapter twenty-one,
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of October,
two thousand eleven, relating to the Division of Labor (Zipline and
Canopy Tour Responsibility Act,
42 CSR 10
), is authorized with the
following amendments:
On page two, subsection 3.5., by striking out all of
subsection 3.5. and inserting in lieu thereof a new subsection,
designated subsection 3.5., to read as follows:
3.5. "Serious injury," means an injury that is directly
related to any mechanical, electrical, operational or structural
malfunction of a zipline or canopy tour that results in death, loss
of consciousness, or requires medical treatment other than first
aid by a physician or other medical professional for which a record
is created.;
And,
On pages four through six, by striking out the remainder of
the rule and inserting in lieu thereof the following:
§42-10-10. Unscheduled Cessation of Operation.
10.1. Following any unscheduled cessation of operation, the
operator of a zipline or canopy tour shall immediately have the
participants safely removed or unloaded from the zipline or canopy
tour.
10.2. If the operator determines that the zipline or canopy
tour can safely resume operation, the qualified person shall first
operate the zipline or canopy tour without participants to ensure
that the cause of the unscheduled cessation of operation has been
corrected.
10.3. The operator shall document any unscheduled cessation of
operation, including the identification of the zipline or canopy
tour, the name of the employee operating the zipline or canopy tour
during the unscheduled cessation, and a complete description of the
incident, including the date, time, weather conditions, location,
number of participants, etc.
§42-10-11. Imminent Danger.
11.1. If the Commissioner or a special inspector determines
that a zipline or canopy tour presents an imminent danger, he or
she shall immediately give written notification to the zipline or
canopy tour owner or operator, advising him or her that the zipline
or canopy tour shall be immediately removed from service.
11.2. If the owner or operator does not immediately remove the
zipline or canopy tour from service, the inspector shall
immediately report the imminent danger to the Commissioner.
11.3. If the owner or operator does not immediately remove the
zipline or canopy tour from service, the Commissioner may seek a
temporary or permanent restraining order or injunction to prohibit
the continuing operation of the zipline or canopy tour.
§ 42-10-12. Serious Injury or Fatality.
12.1. If a participant or member of the general public is
involved in an accident related to the operation of a zipline or canopy tour that results in a serious injury or a fatality, the
owner or operator shall immediately shut down the operation of the
zipline or canopy tour and secure the safety of other participants
and the general public.
12.2. An owner or operator shall ensure that the scene of a
serious injury or fatality is left intact from the time of the
accident and shall ensure that the zipline or canopy tour involved
is not removed from the scene of the accident without written
authorization from the Commissioner or a law enforcement officer.
12.3. The owner, operator, and any employees who witnessed the
accident or who operated the zipline or canopy tour when the
accident occurred shall be available to be interviewed by the
Commissioner.
12.4. The owner of the zipline or canopy tour shall make a
report of the injury or fatality to the Commissioner within 24
hours of its occurrence, using the Division's emergency contact
protocol.
12.4.a. After the owner of the zipline or canopy tour notifies
the Commissioner of a serious injury or fatality, the Commissioner
shall, with reasonable promptness, advise the owner whether the
zipline or canopy tour shall remain shut down pending investigation
and inspection or whether it can be placed back in service.
12.4.b. In deciding whether the zipline or canopy tour shall
remain shut down or whether it can be placed back in service, the
Commissioner's sole consideration shall be the safety of
participants and the general public.
12.5. The owner shall document the accident, to include the full name, address and telephone number of the injured person, a
description of his or her injuries, identification of the zipline
or canopy tour involved, the names and addresses of the owner and
employees who witnessed the accident, and any other pertinent
information describing the events leading up to the accident.
12.6. An owner or operator shall keep a record of every
accident or fatality with the certificate of inspection, which
shall be readily accessible to the general public. The record
shall include the following information:
12.6.a. The date of every accident or fatality;
12.6.b. A description of the type of accident;
12.6.c. The number of people injured or killed; and
12.6.d. A description of the types of injuries.
§42-10-13. Reports and Records.
13.1. The owner of the zipline or canopy tour shall retain all
reports, documents, photographs and records required by this rule
for not less than 3 years from the date of the unscheduled
cessation, imminent danger notification, or serious injury or
fatality.
13.2. If an owner violates any provision of this section of
the rule, the Commissioner may permanently revoke the permit to
operate.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section three, article ten, chapter twenty-one, of
this code, modified by the Division of Labor to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-fifth day of October, two thousand
eleven, relating to the Division of Labor (Amusement Rides and
Amusement Attractions Safety Act,
42 CSR 17
), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section eleven, article three-c, chapter twenty-
one, of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of October,
two thousand eleven, relating to the Division of Labor (supervision
of elevator mechanics and apprentices,
42 CSR 21A
), is authorized.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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