HB4220 S JUDICIARY AM #1
The Committee on the Judiciary moved to amend the bill on page fourteen, section four, line nine, after the word “authorized” by striking out the period and adding the following: 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.;
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.