Safety in EmploymentAmusement Rides Safety Law
Section § 7900
This section establishes the official name for the regulations concerning the safety of amusement rides, calling it the Amusement Rides Safety Law.
Section § 7901
This section defines key terms related to amusement rides in California. An "amusement ride" is a mechanical device meant to entertain or thrill passengers. It includes operations like bungee jumping but not playground equipment or simple coin-operated devices. Certain permanent devices are also excluded, and the division decides which specific devices qualify as amusement rides.
An "operator" or "owner" is anyone responsible for the operation of these rides and can include state agencies or public corporations. A "permit" is a document indicating a ride has been inspected following rules set by the division.
Section § 7902
This law makes sure that there are rules in place to keep amusement rides safe for people. It requires the creation of guidelines about how these rides should be installed, maintained, repaired, used, operated, and inspected. The focus is on various safety aspects like engineering, stress points, and maintenance. The existing safety rules are supplemented, not replaced, and the authorities can still create and enforce other safety measures as needed.
Section § 7903
This law states that before an amusement ride can be given its first official safety inspection certificate, a qualified engineer must confirm in writing that the ride meets safety requirements.
Section § 7904
This law section outlines that the division will set and collect fees to cover the cost of managing services related to amusement rides, such as approvals, permits, inspections, and certifications. The fees include both direct costs and some indirect costs, and all collected funds go to support the inspection program for portable amusement rides.
It states that the fee regulations for the 2016-17 fiscal year must be established as emergency regulations, which will take effect immediately without needing approval from the Office of Administrative Law.
Additionally, the division is required to annually publish a report on its website detailing inspections and accidents involving amusement rides.
Section § 7905
This law allows a specific division to hire safety inspectors to examine amusement rides. These inspections can be carried out by the division's own safety inspectors or by qualified inspectors approved by the division, who work for either an insurance company or a public organization.
Section § 7906
If you want to operate an amusement ride, you need a permit from the proper authorities. You have to apply for this permit by March 1 every year using the official form and provide details like the ride's planned route and dates it will be in each location. You can update your route, but you need to inform the authorities before operating in a new spot.
Also, all amusement rides must be inspected before they're used by the public and at least once a year after that, unless they're running on a temporary permit. Rides should also be checked whenever they're taken apart and put back together.
Section § 7907
If an amusement ride passes inspection and meets all safety standards, a permit to operate will be issued by the relevant division or public entity.
Section § 7908
If you're planning to set up a new amusement ride, or if you're making changes to an existing ride that affect its structure, how it works, its type, or how many people it can hold, you need to inform the relevant authorities. This involves submitting a notice and any necessary plans or diagrams to the division or a public entity before you go ahead with the changes.
Section § 7909
If an amusement ride is found to be dangerous or unsafe during an inspection, the authorities can stop its operation and take away its operating permit.
The ride can't start running again until the problems are fixed and approved by the authorities.
Section § 7910
This law section means that if an installation has already been set up and, upon inspection, is found to be safe and meets the division's rules and regulations, it can continue to be used.
Section § 7911
This law explains that if following safety regulations causes significant problems or hardships for an operator, they can request changes to those rules. The division in charge can allow these changes as long as safety and the essence of the rules are maintained. The operator must make their request in writing, detailing their issues. If the division grants a change, it is documented in writing with specific conditions. All changes are recorded and available to the public.
Section § 7912
This law states that no one can operate an amusement ride unless they have an insurance policy filed with the state. The insurance must cover at least $500,000 per accident until January 1, 2009. After that date, it must cover at least $1,000,000 per accident. The policy must protect the ride owner or operator against any injuries to riders.
Section § 7913
This law allows cities and counties to create their own rules for carnivals and amusement rides, even if those rules are stricter than state regulations.
Section § 7914
If you're in charge of running an amusement ride, you must immediately call and report any serious incidents. This includes any incidents that lead to death, serious injuries requiring more than basic first aid, major mechanical failures affecting safety, or situations where a rider falls from a moving or temporarily stopped ride. After notifying by phone, you also have to submit a written report within 24 hours. If such events happen, the equipment involved must be saved for investigation. Additionally, inspectors can check rides after such incidents are reported, and emergency agencies must notify the division if they respond to serious incidents involving rides.
Section § 7915
If you own or operate an amusement ride and don't follow the rules or safety orders, you're committing a misdemeanor. If you don't pay a required fee within 60 days, you'll owe double the fee as a penalty. You won't get a permit until you pay any overdue fees.
Section § 7916
This law mandates that owners of amusement rides in California must train their employees to safely operate and maintain the rides according to specific safety standards (ASTM F770-06) and an injury prevention program. These standards are set by the American Society for Testing and Materials and must be updated as necessary.
Additionally, amusement ride owners are required to keep detailed records of employee training, as well as maintenance, repair, inspection, and any injury incidents related to each ride. Starting January 1, 2009, these records must be made available to inspectors upon request to ensure compliance.
Section § 7917
If an amusement ride owner or operator intentionally breaks safety laws or regulations, leading to a death or serious injury, they must pay a fine between $5,000 and $25,000.
Section § 7918
This law states that if a workplace safety issue is found, the responsible agency can issue a citation and a fine. The process for this is similar to what is described in another law (Section 6317). If the person or business that received the citation disagrees with it, they can challenge it by appealing to the Occupational Safety and Health Appeals Board, following the process in Section 6319.
Section § 7919
This law section requires the division to create rules and regulations to effectively manage this part of the law. It specifically mentions that these rules should cover the reporting requirements outlined in a different section, 7914.