Originally Posted by Bob Lee
What the hell are you going on about? Do you have any direct experience with patrol incident report forms?
I'm looking at a Patrol and Employee incident form atm for an incident a few years back. The handwriting changes in different parts.
there's a lot more on the underlying concerns when resorts employ the patrol. eg http://www.denverpost.com/investigations/ci_22808316/colorado-system-investigating-ski-accidents-raises-concerns
A bit of the article by Ms Crummy says:
When someone dies or is seriously injured on a Colorado ski slope, it is ski patrollers — not trained police officers, sheriff's deputies or forest rangers — who document and determine what happened.
Despite having only informal accident-investigation training, as well as potential conflicts of interest, ski patrollers and their reports are often relied on by local law enforcement agencies when they respond to calls on the mountains, The Denver Post found after reviewing Colorado accidents and lawsuits.
Many times, those agencies — responsible for investigating potential criminal activity, not skiing accidents — aren't called at all.
As a result, family members may have to accept the word
Kara Shay, above, of Kentucky heads down a steep face of the Prima Cornice run at Vail Mountain on Wednesday. (Andy Cross, The Denver Post)
of a resort employee about the circumstances that led to their relative's death or serious injury — and typically, they need a subpoena to get even that, attorneys say.
And here's the draft bill (or at least one of the drafts: apoligies the strike throughs don't show) sumarised above. Suffice, there's concerns (right or wrong) with the investigationn process, patrol being employed by the resort (perceived conflict), and stuff.
An act to add Article 3 (commencing with Section 115815) to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, relating to recreational activities.
LEGISLATIVE COUNSEL'S DIGEST
SB 564, as amended, Monning. Ski resorts: safety plans: accident reports.
Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment.
This bill would require ski resorts, as defined, to prepare an annual safety plan, as defined, that includes, at a minimum, a detailed description of any and only those policies, procedures, standards, methods, and materials consistently employed to reduce patron deaths and injuries on the resort, as provided, among other things. The bill would require the safety plan to be posted on the ski resorts Internet Web site, if any, and at a location in the ski resort. The bill would require the ski resort to create monthly and annual reports that include information of all known deaths and injuries of patrons of the resort, as provided. The bill would require the ski resort to make copies of the safety plan and reports available upon request. The bill would authorize a requesting individual to initiate a civil cause of action to compel the production of the safety plan or reports if a resort fails to make them available upon request.
This bill would require a ski resort to prepare an annual safety plan and, upon request, make the safety plan available to the public the same day the request is received. The bill would also require a ski resort to make available to the public, within 30 days of receipt of a request, a monthly report with specified details about any fatal incidents at the resort that resulted from a recreational activity.
The bill would specify that the above-described provisions do not change the existing assumption of risk doctrine as it applies to ski resorts.
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
The people of the State of California do enact as follows:
Article 3 (commencing with Section 115815) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, to read:
Article 3. Ski Resorts
A ski resort that operates in California shall do all of the following:
(a) Prepare an annual safety plan that conforms with the requirements of federal regulations applicable to ski resorts operating on federal property.
(b) Make the annual safety plan available to the public at the ski resort, upon request, the same day the request is received.
(c) Make available to the public, within 30 days of receipt of a request, a monthly report containing the following information, if known:
(1) A description of each incident resulting in a fatality that occurred on the ski resort property and resulted from a recreational activity, such as skiing, snowboarding, or sledding, that the resort is designed to provide.
(2) The age of each person fatally injured in an incident identified in paragraph (1), the type of recreational activity involved, the cause of the fatality, the location at the resort where the incident occurred, and the name of any facility where medical treatment was provided. The report shall not identify a deceased person by name or address.
(d) This article does not change the existing assumption of risk doctrine as it applies to ski resorts."
So yes an app would be ideal, but sometimes a party in litigation like a defendant doesn't like too much information.
Edited by veteran - 8/18/13 at 11:47pm