Pennsylvania Act 1996-4 — AMUSEMENT RIDE INSPECTION ACT - AMEND ACCIDENT RECORDS AND REPORTS

Act text

Session of 1996

No. 1996-4

SB 725

AN ACT

Amending the act of June 18, 1984 (P.L.384, No.81), entitled "An act providing for the inspection of amusement rides and attractions; granting powers and imposing duties on the Department of Agriculture; creating the Amusement Ride Safety Advisory Board; and imposing civil and criminal penalties," further providing for definitions and for accident records and reports.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 2 of the act of June 18, 1984 (P.L.384, No.81), known as the Amusement Ride Inspection Act, is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"ASTM standards." Standards promulgated by the ASTM entitled Standard Guide for the Classification of Amusement Ride and Device Related Injuries and Illnesses, designated ASTM F 1305, or its successor, which provide procedures for the uniform classification of data related to amusement ride and device injuries and illnesses.

"Minor injury or illness." An injury or illness that results in treatment which is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest and other similar duties or assistance.

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"Serious injury or illness." An injury or illness that requires:

(1) offsite emergency first aid;

(2) offsite medical treatment, whether it is administered or recommended or may be required at a future date;

(3) observation by a licensed physician; or

(4) admission to a hospital.

The term also includes an injury or illness that results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system.

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Section 2. Section 13 of the act is amended to read:

Section 13. Records and reports.

[Anytime an] (a) Report of certain injuries required.--An owner or lessee [submits an accident report to his insurance company, a copy of those reports which involve physical injuries] shall submit an accident report to the department for any accident which involves serious injury or illness or death to an individual or individuals as a result of the operation of an amusement ride or attraction [shall be sent to the department by the owner or lessee]. The [notice] report shall [indicate] be submitted to the department within 48 hours of the accident. Accidents and injuries required to be reported to the department under this subsection shall be recorded and classified in accordance with ASTM standards and shall include the description of the amusement ride or attraction by which the injury or death occurred and the nature of the injuries or cause of death. An owner or lessee shall not be required to submit a report for a minor injury or illness. The department shall compile an annual report of the accidents reported to the department under this section.

(b) Records.--The owner or lessee shall retain at all times up-to-date maintenance and inspection records for each amusement ride and amusement attraction in accordance with any regulations the department may prescribe. Such records shall be made available to the department upon reasonable request.

(c) Manufacturers.--An owner or lessee shall notify the appropriate manufacturer of an accident which results in serious injury or illness within 48 hours of discovering the serious injury or illness.

Section 3. This act shall take effect in 60 days.

APPROVED--The 7th day of February, A. D. 1996.

THOMAS J. RIDGE