Legislative Affairs

IAAPA Guideline for Effective Amusement Ride Safety Regulation

IAAPA promotes and advocates for the adoption of effective amusement ride safety legislation at the most appropriate level of government. Safety is our industry’s number one priority and the oversight provided by effective regulation is an important addition to steps taken by manufacturers and owner/operators to ensure that amusement rides are one of the safest forms of recreation.

Throughout the world, IAAPA staff and members work with regulatory authorities, inspection bodies, and standard development organizations to develop safety standards and regulations. These standards and regulations should be developed in consultation with industry stakeholders.

Elements of Effective Regulation:

• Recognize Amusement Ride Safety Standards
  Regulation should incorporate existing ride safety standards established by one of the following bodies:
  • ASTM International Committee F24 on Amusement Rides and Devices

COMMENTS: ASTM has been writing amusement ride safety standards for more than three decades with input of thousands of hours from industry experts. They are robust covering design, manufacture, operations, maintenance, and inspection of a wide range of amusement rides and devices. They are well recognized and adopted in many states throughout the country.

• Empower an Authority Having Jurisdiction (AHJ)
  • The AHJ should be empowered to provide the permit to Owner/Operators to operate rides that comply with the regulation.
  • Provide sufficient appropriation of education and funding to the AHJ to effectively enforce amusement ride safety regulations.

COMMENTS: The AHJ should have access to qualified inspectors and educational programs. There is a global network of independent ride inspectors with extensive experience in enforcing harmonized industry standards and inspector training programs are available for self-inspecting AHJ`s.

• Require Periodic Inspections

In addition to routine inspection and maintenance activities by trained and qualified Owner/Operator personnel, every

amusement ride and device should be inspected periodically by a qualified inspector.

• Require Incident Reporting

The Owner/Operator should report any amusement ride incident to the AHJ where a person was seriously injured and in need of an overnight stay at a medical facility.

• Require Post-Incident Investigation

Investigations of reported incidents should be conducted by a qualified investigator in a timely manner.

COMMENTS: Notification of such incidents allows for review and potential identification of root causes to prevent future incidents.

• Rider Responsibility

Predictive scheduling, otherwise known as restrictive scheduling, is a practice that generally encompasses: posting schedules weeks in advance before weather conditions or guest estimations can be made, penalizing employers for cancelling or prolonging work shifts, and hindering hiring practices for new employees who desire part-time work.

Background

The attractions industry relies heavily on part-time employees. On average, 64% of the attractions industry consists of part-time employees and contributes 1.3 million jobs nationally. Unforeseeable events such as weather and guest turn-out impact the overall success of the $219 billion-dollar attractions industry and often dictate the necessary workforce needed during a given work cycle. Flexible scheduling makes it possible for employers to meet the demands of their customers without wasting company resources and allows employees the opportunity to work more or less hours given their personal needs.

Issue

As many as eight states have already voted some variation of predicative scheduling into law. Congress is currently reviewing the Schedules that Work Act which would disproportionately disadvantage the attractions industry, which relies heavily on part-time workforces and flexible scheduling practices.

Outside factors such as weather and guest turn-out affect the day-to-day workings of the industry and make it difficult to estimate the specific needs on a given day weeks in advance. Additionally, scheduling flexibility is often why employees seek part-time work and legislation penalizing schedule changes threatens this flexibility and has the potential to stifle employment opportunities thus making these policies burdensome for both employees and employers.

Position

Scheduling practices should allow for the accommodation of customers on a need-by-need basis, limit waste, and give employees control over the flexibility of their hours with opportunities to succeed.

IAAPA supports policies that give both employers and employees flexibility in the workplace and respect employers’ understanding of their facilities, customers and employees’ needs in the ever-changing climate of the attractions industry.

IAAPA opposes policies that force our members to use scheduling tactics that are wasteful and limiting to employees’ opportunities.

Unmanned Aircraft Systems (UAS), otherwise known as drones, are flying devices that function without the presence of a human pilot physically on board. The use of drones varies from commercial to personal, and they are widely available for purchase.

Background

The U.S. Federal Aviation Administration (FAA) has established federal laws and expectations of those who choose to own and operate drones, including registering personal use drones, abiding by no-fly zones, keeping drones within eyesight during flight, not flying over people and abstaining from flying near airports.

Issue

On the U.S. federal level, IAAPA continues to advocate for inclusion of unmanned aircraft systems (UAS) provisions in the Federal Aviation Administration reauthorization bill to protect the safety of amusement parks and attractions and their guests. The FAA Extension, Safety, and Security Act of 2016 expires on September 30, 2018.

The FAA Extension, Safety and Security Act of 2016 recognized the unique safety and security risks presented by drones to IAAPA members’ facilities and called on the FAA to establish a system whereby designated entities, including amusement parks, could petition the FAA to prevent unauthorized drones from flying over their operations (Applications for Designation, Section 2209). Unfortunately, the FAA has missed the statutorily established deadline to establish this procedure and implement this provision.

Congress is currently working on a 2018 FAA reauthorization bill and IAAPA is working to ensure that Section 2209 is retained. Should Congress be unable to pass a new FAA reauthorization bill by September 30th, they will pass a short term reauthorization, maintaining current law, and continue to work on a longer-term reauthorization.

However, due to newness of drone technology and lack of legal clarity in terms of state and federal jurisdiction, some states have passed legislation regulating drones at the state and local level and others are following suit.

Position

IAAPA supports the language in P.L. 114-90, Section 2209 (FAA Extension, Safety and Security Act of 2016) requiring the FAA to develop a process to petition the FAA to restrict the operation of drones over and in close proximity to fixed-site facilities, such as amusement parks, where unauthorized drone usage presents safety hazards. IAAPA is currently advocating that Section 2209 or similar language be included in the current FAA reauthorization effort. IAAPA also supports counter-drone authority for the Department of Homeland Security and state and local law enforcement.

IAAPA urges members to check the state and local laws where fixed-site attractions are located in order to see if any drone regulations currently exist and how these laws may be utilized to create a safer environment for guests and employees. IAAPA also urges members to report all sightings of unauthorized drones over parks and attractions to the FAA and local law enforcement.

The school calendar is the period of time, usually around 180 days or the equivalent number of minutes, in which students in grades K-12 are required to attend school. School administrators create a calendar in which these parameters are met, including the days in which the school year begins and ends.

Background

The traditional school year typically begins in September, following Labor Day. While school start dates and laws vary around the country, in recent years, school administrators have begun to challenge the traditional school year by beginning school in August and in some cases, as early as July. This trend can threaten a state’s tourism industry and economic revenue while limiting employment opportunities for students and teachers. And starting the school year earlier provides no demonstrable improvement to a student’s education.

Issue

School calendars beginning prior to Labor Day fail to account for the personal needs of students and teachers and often lead to student and teacher ‘burn-out’, leaving children less likely to retain information during instructional hours and teachers unable to pursue additional training, advanced degrees or hold a second job to make ends meet.

In some parts of the country, earlier school start dates increase expenditures on air conditioning and additional bus transportation during the hottest months of the year rather than using those funds for teacher salaries, supplies or programs that enhance student learning.

Additionally, earlier school start dates make it difficult for students and teachers seeking summer employment to find work as it conflicts with their school calendars. Post-Labor Day school start dates for K-12 schools create employment opportunities and stimulate the state economy, all the while giving students the ability to earn money, gain real world experience, intern, or participate in a number of other activities essential for character development.

Position

IAAPA supports policy that sets a post Labor Day school start for all K-12 schools that receive state funding while giving school administrators the flexibility to schedule instructional time in minutes rather than in days.

IAAPA also supports study bills that look at the impact that a school start date has on the tourism industry and in return, state and local tax generation, school funding, non-instructional costs for schools and lost student and facility wages. IAAPA also encourages the states to study the impact on workforce development, dual credit course study and technical programs of study requiring full summers for internship and externship opportunities.