Lawsuit filed over death of seven-year-old boy and city organized summer camp.
Posted: May 13, 2010 Filed under: Summer Camp Leave a comment
An attempt to take kids outdoors turned tragic with drowning death of young boy.
Miami Oklahoma is being sued by the parents of Kynnith Barnett. The suit is for $75,000 claims the city lacked adequate supervision and safety devices for his child at a city summer camp. The deceased was last seen at the summer camp trying to catch a fish in the creek. He was later found in the creek lifeless in the creek.
See Parents of drowning victim file lawsuit against City of Miami, Okla. and others and Funeral services set for 7 year old drowning victim.
What do you think? Leave a comment.
Keywords: outdoor law, recreation law, outdoor recreation law, adventure travel law, Miami, Oklahoma, Sycamore Valley Recreation Area,
If you have a paralyzed victim you are going to have a lawsuit. The money is too great for anyone to turn down.
Posted: May 11, 2010 Filed under: Skydiving, Paragliding, Hang gliding 3 Comments
Skydiver with 189 jumps argues in court that he did not know of the risks.
The plaintiff in this lawsuit claims that he asked the jump operator about the risks of hitting the tail of the plane while jumping. The diver operator on the stand testified that he did have the conversation. However, the conversation was a little flippant.
However, after 189 skydiving jumps you have to know the risks of skydiving. The defendant is claiming that the injured skydiver used bad technique, which caused his injuries.
The plaintiff was paralyzed after the jump. The plaintiff is now walking with a cane, but living at home and requiring around the clock medical care. Whenever you have a paralyzed participant, the medical costs, future medical costs, lost income are so significant that there is always going to be a lawsuit.
For lawyers, it is like buying a lottery ticket. The odds might be great, but the payoff makes it worthwhile. The odds against you decrease significantly if you can get the victim in front of a jury. It is hard not to feel sympathy for someone in a wheel chair or unable to take care of themselves.
See Man testifies skydive center downplayed risk
What do you think? Please leave a comment.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
A Parent (or Guardian) is still in control of a child, no matter what the volunteer may want.
Posted: May 6, 2010 Filed under: Uncategorized | Tags: control, guardian, Minor, parent, power of attorney Leave a commentA question posed on an Ask the Expert page has a very simple answer a very simple question.
The question asked was; must we allow adults into closed youth meetings? The simple answer is yes. There are no other answers available, no other answers to be considered, there is no other answer.
There may be other issues from various perspectives. However, we are talking about parental rights and minors.
You cannot keep a parent out of a meeting where their child is.
You can try to explain the issues; you can have the children discuss the issues with the parents. You can try anything but there is nothing else you can do other than talk and educate.
Look at this position from that of a parent. An adult is trying to tell me that I cannot go in that room where my child is. In my mind, the only real issue is will the parent slow down when they knock over the adult standing in their way.
The parent will have a lot of questions. What is going on behind that door? What is the adult trying to hide? What type of organization is my child in?
The question occurs when adults are attempting to give youth the freedom to make their own decisions and/or plan their own future. Adults intimidate and have a very difficult time staying out of the way. However, keeping adults from the room only creates additional barriers between the youth and adults. They believe that the only way they can accomplish anything is to bar adults.
The issue is not how to train the youth. The issue is how to educate and/or train the adults.
Parents need to be told both their child and by the adult volunteers what the purpose of the meeting or other function is and why they are requesting limited adult interaction. The meeting has to be done in a way that parents feel secure for their children. Finally, the meeting must be done so to protect the youth themselves and that youth protection guidelines are violated.
See Ask the Expert: Is it a violation of BSA policy to have “closed” meetings?
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Protecting your assets
Posted: May 4, 2010 Filed under: Release (pre-injury contract not to sue) 5 Comments
You must do it equally and with everyone….or with no one
Some outdoor recreation businesses will only use releases with specific groups of people because of a fear that this group has a greater chance of injury or a greater chance of suing. In this case, the group did have a greater chance of suing, and did, and won.
The link is to a settlement agreement between the Department of Justice and an Arizona Amusement Park: Settlement Agreement between the United States of America and Castles n’ Coasters, Inc. under Title III of the Americans with Disabilities Act, dj# 202-8-202. he amusement park required the group of disabled customers to sign a release to play miniature golf. No other guests of the amusement park were asked to sign releases.
The group filed a complaint with the department of justice and the amusement park wrote a check. By requiring the group of disabled guests to sign a release the amusement park violated the Americans with Disabilities Act. The amusement park had discriminated against the guests because of the disabilities.
Of course the investigation found more than just one violation. Once an investigation starts, it usually does not end until everything is turned over inspected and access has been provided. The $1000 fine was probably cheap in comparison to the cost of making the park more accessible and providing training to all the employees of the park on the ADA.
You cannot single out groups to require that they sign a release. Equal opportunity to sue means everyone or no one signs a release.
What do you think? Leave a comment.
Keywords: outdoor law, recreation law, outdoor recreation law, adventure travel law
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People including children fall off chair lifts.
Posted: April 29, 2010 Filed under: Ski Area, Skiing / Snow Boarding Leave a commentWhen you have a slow news day what occurs regularly now becomes front page news.
In late fall and early January during the 2009-2010 ski season, many media sources reported on children who have been falling out of chair lifts. They received the requisite assurances from the industry that this rarely happened. The media then proceeded to put ghastly ideas of what could happen if you fell off chair lifts in the minds of the readers.
In reality, people fall out of chair lifts all the time. Very few of them suffer any injuries whatsoever, other than mild embarrassment. Young children do it most of the time when they are scooting up to get their skis level with the ground, so they unload the lift.
My concern with the articles is not that kids fall out of lifts. My concern is the articles want to place the responsibility for children riding chairlifts on the people running the chair lifts, the ski areas. Whether or not a child is allowed on the lift is the responsibility of the adult that purchased the lift ticket. If you are concerned about your child riding a chair lift do not buy your child a lift ticket. If you don’t want your child riding certain lifts, do not allow them to ride those lists.
A ski area is not in a position with dozens of people waiting to load a left to question everyone fewer than 5 feet tall as to their ability to load, ride, and unload a lift. In most states ski areas have been given specific instructions not to worry about that, because it is the responsibility of the person who buys the lift ticket to learn how to ride the lift.
No one wants children to fall out of lifts. However, if your child is a good skier he or she will eventually have a chance to the larger faster chair lifts. Those ski lifts are designed for everyone children and adults. It is not the ski areas’ responsibility to make the determination, whether or not your child has the ability to ride the lift safely. That is solely and will always be your responsibility.
See Ski Lift Safety Can Be Overlooked
What do you think? Leave a Comment.
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As soon as someone appoints me God, then and only then, will I be responsible for the trees around the lake.
Posted: April 27, 2010 Filed under: Paddlesports Leave a commentA lawsuit has been filed claiming that Canoe livery was liable for a tree that fell over and killed a canoeist. The tree was not on the livery property but on property near the canoe livery property.
So one Saturday afternoon you are watching the sun start to set when your neighbor climbs over your fence and attempts to chop down your favorite shade tree. When you ask him why he’s doing that, he says it may fall and hit somebody. After the police have hauled your neighbor away for trespassing and attacking your shade tree you can go back to the sunset.
In this litigation, the canoe livery had rented a kayak to a man kayaking on Brandywine Creek. As he was paddling back towards the Canoe livery’s landing a tree fell over and killed him. The argument being made by the plaintiff’s attorney was the canoe livery was responsible for everything along the ingress and egress to their landing. No matter whose land the tree was on. The plaintiff is claiming it was gross negligence not to check the trees along the ingress and egress. The suit also claimed that new livery needed to have trained medical personnel on hand at the landing to be able to take care of people who had been hit by falling trees. (LOL).
Quick legal note. Probably, the Canoe livery used a release and the gross negligence claim is being used to get around the release.
Trees fall over. Wind can blow them over, they can die, or you can chop them down. The best arborists, a tree person, in the world are at best making a good guess of whether or not a tree can fall over. Every tree can fall over. So either we cut them all down when you take the risk of a tree falling over in the woods.
So until you are that good at guessing which trees may fall over, or you are God so that you can divine when trees are going to fall over I can’t see how you can be liable for a tree falling over that you don’t own. However, even then I seriously doubt that either the clairvoyant or God will do anything about a falling tree. There are many other calamities going on in the world, and way too many trees, to worry about a tree falling over in the woods. Let alone worry about whether it a sound.
SEE Canoe company wants suit dismissed
What do you think? Leave a comment.
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Dartmouth settles ski lawsuit for unknown amount
Posted: April 22, 2010 Filed under: Ski Area Leave a commentCollege had tried several times to win suit based on motions and failed.
As we’ve reported several times before Dartmouth University was being sued by the parents of a student who died in a class skiing. The class is being held at the Dartmouth ski Way, a ski area owned and operated by Dartmouth University. The details of the settlement are subject to a confidential agreement as we do not know how much was paid by Dartmouth settles suit.
This is sad all the way around. It is sad that a young student died. It is sad the parents felt wronged or so emotional they thought they had to sue. It is sad that the college had to pay money to settle the suit. It is sad that the college did not have a close enough relationship with the parents that the suit did not have to happen.
See College resolves Porter lawsuit.
For earlier blogs about this lawsuit see Judge refuses to dismiss lawsuit against Dartmouth College over a fatality of a student at the college’s ski hill and Judge Denies Dartmouth Request In Ski Death Case
What do you think? Leave a Comment.
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CPR is not fool proof
Posted: April 20, 2010 Filed under: First Aid 2 Comments$7.6 million jury award for seizure that occurs on a school playground. Suit based on a allegation that CPR was not performed fast enough.
It has been said the worst thing to do is outlive your children. Losing a child must be horrendous. Having a child survive but in a barely vegetative state must be close, but with no closure. However, when a child has a seizure, the chances of CPR (Cardio Pulmonary Resuscitation) working is slim at best.
The seizure was an epileptic seizure that occurred when the child was playing on the basketball court. Either the seizure or the fall stopped his heart. The parents argued that the CPR was not soon enough and not adequate.
Now this is where it gets real exciting. The family had received $361,237 from a seizure the child had in 2003. The child fell on a playground and suffered burns from the metal grate he fell on. A nurse and marine administered CPR bringing the child around.
WHAT IS THE KID DOING ON THE PLAYGROUND A SECOND TIME?
The school district offered to transport the child for free to another school where there was a full time nurse. The mother declined because it was too far away. Boy is it tempting to say something about losing opportunity at this point!
This is a sad case. This is also a disgusting case. This is a case where the phrase Fool me once shame on you, fool me twice shame on me fits. This is just stupid.
See Jury awards $7.6M for playground seizure.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords: playground, epileptic, seizure, CPR,
New CPR method: 100 compressions per minute
Posted: April 8, 2010 Filed under: First Aid Leave a comment
Mayo Clinic produces video about the technique.
A video titled Continuous Chest Compression CPR – Mayo Clinic Presentation explains the new CPR method. The idea is based on several issues. 1 is keeping blood pressure up to force blood all ready enriched with oxygen into the brain. 2 is the idea that most people did not like performing the mouth to mouth part of the compressions.
There is a companion website Cardiopulmonary resuscitation (CPR): First aid. The website explains if you are confident and trained mouth to mouth is still a good idea, but the ratios should be 30 compressions to two breaths.
Keywords: CPR, cardio pulmonary resuscitation, mayo clinic, chest compressions, mouth to mouth
Denver Colorado South Platte River Clean Up
Posted: April 7, 2010 Filed under: Rivers and Waterways 1 Comment| South Platte River Clean Up April 25th, 2010 |
Denver, CO – We are excited to announce the 4th annual South Platte River Cleanup on Sunday, April 25th in celebration of Earth Day in Denver, Colorado. This is an all volunteer event to pick up trash along the South Platte River and Bike Paths.  Over the last three events nearly 600 rafters, kayakers, cyclists and pedestrians have successfully removed over 6 TONS of garbage from the river and bike path. The event garnered local and regional media coverage as the lead story on several news channels, as well as appearing in the local papers. We expect this year to be our largest turnout yet. When: 4/25/10 Event Information Contacts |
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Middle Fork Ranger Season Position
Posted: April 6, 2010 Filed under: Uncategorized Leave a commenthttp://jobview.usajobs.gov/GetJob.aspx?JobID=87244663&JobTitle=Forestry+Technician+%28Recreation%29&q=middle+fork&where=&brd=3876&vw=b&FedEmp=N&FedPub=Y&AVSDM=2010-04-05+00%3a03%3a00
USDA Forest Service
Forestry Technician (Recreation), GS-0462-07
ANNOUNCEMENT NUMBER: TEMP-R4-SCNF-0462-07-REC APPLICATION DEADLINE: 04/09/2010
JOB LOCATION: CHALLIS, ID WORK SCHEDULE: Full Time
SALARY RANGE: $18.59-$18.59 OPEN DATE: 04/05/2010
TIME LIMIT: Temporary, not to exceed 6 Months WHO MAY APPLY: US citizens
NUMBER OF VACANCIES: 1
———————————————————-
NOTES:
This position is located in Region 04, Salmon and Challis National Forests, Middle Fork Ranger District, Challis, ID. For Questions please contact John Haugh at 208-879-4106.
The USDA Forest Service has legislative authority to recruit and fill Permanent (Career/Career-Conditional), Temporary, and Term Appointments under the USDA Demonstration Project. Under this authority, any U.S. citizen may apply.
DUTIES:
Performs a variety of technical work in support of the recreation/wilderness programs. Primary duties include supervison of wilderness/river ranger crews on a wilderness, wild & scenic river corridor. Serving as Forest Protection Officer and training Forest Service employees in wilderness whitewater watercraft techniques.
Performs a variety of technical work in support of a wild & scenic river and wilderness management programs.
Job Title: Forestry Technician (Recreation)
Department: Department Of Agriculture
Agency: Forest Service
Sub Agency: DO NOT SEND MAIL
Job Announcement Number: TEMP-R4-SCNF-0462-07-REC
SALARY RANGE:
18.59 – 18.59 USD /hour
OPEN PERIOD:
Monday, April 05, 2010 to Friday, April 09, 2010
SERIES & GRADE:
GS-0462-07/07
POSITION INFORMATION:
Full TimeTemporary, not to exceed 6 Months
PROMOTION POTENTIAL:
07
DUTY LOCATIONS:
1 vacancy – Throughout Idaho, ID
WHO MAY BE CONSIDERED:
US citizens
JOB SUMMARY:
Applications for this position are being processed through an on-line applicant assessment system that has been specifically configured for USDA Forest Service applicants. Even if you have already developed a resume in USAJOBS, you will need to access this on-line system to complete the application process. To obtain information about this position and TO APPLY, please click on http://www.avuecentral.com/vacancy.html?ref=WNUFA.
KEY REQUIREMENTS:
- See Other Information.
Duties
Additional Duty Location Info:
1 vacancy – Throughout Idaho, ID
DUTIES:
Performs a variety of technical work in support of the recreation/wilderness programs. Primary duties include supervison of wilderness/river ranger crews on a wilderness, wild & scenic river corridor. Serving as Forest Protection Officer and training Forest Service employees in wilderness whitewater watercraft techniques.
Performs a variety of technical work in support of a wild & scenic river and wilderness management programs.
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Qualifications and Evaluations
QUALIFICATIONS REQUIRED:
MINIMUM FEDERAL QUALIFICATION REQUIREMENTS:
Qualifying experience for the GS-7 level includes one year of specialized experience equivalent to GS-6. Specialized experience is experience which is in or directly related to the line of work of the position to be filled and which has equipped the applicant with the particular knowledge, skills, and abilities to successfully perform the duties of the position.
SUBSTITUTION OF EDUCATION FOR EXPERIENCE: The experience requirements for the GS-7 level may be met by completion of one (1) year of graduate level education in a position-related field of forestry or natural resources management.
COMBINATION OF EDUCATION AND EXPERIENCE: Equivalent combinations of successfully completed education and experience may be used to meet the experience requirements.
ADDITIONAL INFORMATION ABOUT THE SPECIALIZED EXPERIENCE REQUIREMENTS FOR THIS POSITION
Examples of specialized experience include but are not limited to: Assisting with surveys and studies of existing developed recreation sites and activities, developing operation and project work plans for wilderness, non-wilderness, and winter recreation trails, or processing and administering recreation special use permits. Planning a variety of recreation program support assignments that required the application of a number of different basic established methods, procedures, and techniques. Assisting in administering a recreation special use program and processing recreation special use permits. Demonstrating work experience in wilderness areas and wild & scenic rivers.
See Other Information for further requirements.
HOW YOU WILL BE EVALUATED:
You will be rated based on your qualifications for this position as evidenced by the education, experience and training you report relative to this position which shows that you possess the knowledges, skills and abilities required. Paid or unpaid experience will be considered.
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Benefits and Other Info
BENEFITS:
See Other Information.
OTHER INFORMATION:
This position is located in Region 04, Salmon and Challis National Forests, Middle Fork Ranger District, Challis, ID. For Questions please contact John Haugh at 208-879-4106.
The USDA Forest Service has legislative authority to recruit and fill Permanent (Career/Career-Conditional), Temporary, and Term Appointments under the USDA Demonstration Project. Under this authority, any U.S. citizen may apply.
Please check Job Posting Information, Summary, for the area of consideration (i.e., Who May Apply), and time limit information.
Bargaining Unit Status: Eligible.
BASIS OF RATING: The category rating procedure is used to rank and select eligible candidates. Under category rating, applicants who meet basic minimum qualification requirements established for the position and whose job related competencies have been assessed are ranked by being placed in one of the following categories: Quality, Well Qualified, and Eligible. Candidates placed in the Quality category will be assessed based on Education, High Ability, or Experience. Well Qualified candidates are those who clearly exceed the minimum qualification requirements but do not necessarily meet the criteria for the Quality category. Candidates in the eligible category meet basic minimum qualification requirements but do not meet the criteria for the Well Qualified category. Preference eligibles are listed ahead of non-preference eligibles within each category. Drug testing is a requirement for certain positions. See “Other Significant Facts” portion of this announcement for information specific to position being filled.
To receive consideration for this position, you must meet all qualification requirements as of the closing date of the announcement or on the date a referral list is generated from an Open Continuous announcement. Applicants are strongly encouraged to ensure the work history portion thoroughly documents the duties, responsibilities, and accomplishments that are directly related to this position in order to verify specialized experience.
To ensure that you receive consideration, the scannable application package must be postmarked on or before the closing date stated in the announcement and must be received at the correct address within 7 days.
Applications submitted in postage-paid Government envelopes will not be accepted.
Applications received become the property of the USDA Forest Service and will not be returned.
The United States Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s Target Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER.
REASONABLE ACCOMMODATION: The USDA Forest Service provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please contact the point of contact listed on the vacancy announcement. The decision on granting reasonable accommodation will be made on a case-by-case basis.
Transfer of Station/Relocation expenses will not be paid.
Some positions have other conditions of employment not specified in this announcement. Applicants will be notified of any specific requirements at the time a tentative job offer.
This is a temporary, time-limited appointment. However, an extension of the appointment may be possible without further competition. The appointment may also end early due to lack of work or funds.
As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
DIRECT DEPOSIT: All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
Applicants must be U.S. citizens or nationals.
VETERANS’ PREFERENCE: Generally, preference is granted to veterans who entered the military service prior to October 14, 1976; or served on active duty during the period from August 2, 1990, through January 2, 1992, and who are otherwise eligible; or who served on active duty during the period beginning September 11, 2001, and ending on the last day of Operation Iraqi Freedom; or who have served in a military action for which they received a Campaign Badge or Expeditionary Medal. This includes the Armed Forces Expeditionary Medal (AFEM) awarded to those who participated in Operation Joint Endeavor or Operation Joint Guard. Also, you may be entitled to veterans’ preference if you are a disabled veteran; you have received a Purple Heart; you are the spouse or mother of a disabled veteran; or you are the widow, widower, or mother of a deceased veteran. Applicants will be required to provide proof prior to appointment to validate their claim for preference. More detailed information is available on the Main Menu screen under the selection entitled, “Veteran Information.”
OTHER IMPORTANT INFORMATION: Check our website at: http://www.fs.fed.us/fsjobs for general information on the Forest Service.
Applications must be certified online by 11:59 PM Eastern time on the closing date indicated on the Vacancy Announcement. Applicants are encouraged to submit completed applications early in the opening period. The Forest Service is not responsible for nonreceipt of online applications. You will be notified of successful receipt of your application via the e-mail indicated on your application.
HOW TO APPLY: In order to determine if you meet the eligibility and qualification requirements for this position, please submit the following information:
1. Experience/Employment Information:
a. Apply On-Line at http://www.avuedigitalservices.com/usfs/applicant.html. This online application process allows applicants to submit employment information that can be printed for personal use and saved and/or edited on the website for future use. The application process contains all the data elements that are required for resumes submitted for federal employment and may be submitted electronically. OR
b. Apply by Scannable Questionnaire: This Questionnaire requires completion of a scannable form. You must request the instructions and form and submit the scannable application form and supporting documentation by mail. Locations and their codes will be listed in the application package. A facsimile of the scannable form cannot be accepted.
2. Eligibility Information: The following documents must be electronically attached to your application to verify your eligibility and basic qualifications. Failure to provide this documentation may result in disqualification.
a. If you are claiming 5-point veteran’s preference, you must submit a DD-214, Member 4 copy. If you are claiming 10-point preference you must submit a DD214, Member 4 copy, an SF-15 (Application for 10-Point preference) and a letter (dated 1991 to present) from the VA or military department indicating your disability rating. Applicants claiming preference based on service performed after October 14, 1976, must specify on the application the Campaign Badge upon which they are basing their claim. If you are still on active duty and claim veteran’s preference, then you must submit documentation such as a: (1) official orders or citation entitling you to a campaign badge; (2) statement of service from a commanding officer or someone else in authority attesting to your active duty which identifies dates of entry and anticipated separation; rank at time of discharge; and anticipated character of discharge; or (3) in the case of someone claiming service during the first Gulf War or since 9/11/01, any official document attesting to your presence on active duty during the appropriate calendar periods. Veterans who fail to submit the supporting documentation with their application will not be granted veterans preference. If you are not able to attach the forms to your application, you may fax to 253-573-9869, please include name on all documents.
b. Transcripts (official or unofficial) are required if education is used to meet basic qualifications requirements or meet education criteria in the quality category. Transcripts should be attached to the Avue profile or faxed to 253-573-9869; please include name on all documents.
3. CURRENT FEDERAL EMPLOYEES: Notice of Expected Separation, performance appraisal information for current Federal employees or other proof documents are required if requesting priority placement consideration under the Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP). CTAP and ICTAP candidates must be well qualified. Submit SF-50 Notification of Personnel Action or equivalent document to verify current or former federal employment status should also be submitted.
TO REQUEST A SCANNABLE FORM: Please refer to the contact name and phone number listed in this vacancy announcement.
Proficiency in English required.
The position requires that the incumbent must possess and maintain a valid state driver’s license.
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How To Apply
HOW TO APPLY:
Applications for this position are being processed through an on-line applicant assessment system that has been specifically configured for USDA Forest Service applicants. Even if you have already developed a resume in USAJOBS, you will need to access this on-line system to complete the application process. To obtain information about this position and TO APPLY, please click on http://www.avuecentral.com/vacancy.html?ref=WNUFA.
REQUIRED DOCUMENTS:
See Other Information.
AGENCY CONTACT INFO:
ASC HRM Staffing
Phone: 877-372-7248
Email: fsjobs@fs.fed.us
Agency Information:
USDA FOREST SERVICE
REFER TO ANNNOUNCEMENT
FOR INSTRUCTIONS
ALBUQUERQUE, New Mexico 87109
US
WHAT TO EXPECT NEXT:
You will be rated based on your qualifications for this position as evidenced by the education, experience and training you report relative to this position which shows that you possess the knowledges, skills and abilities required. Paid or unpaid experience will be considered.
ADDITIONAL REQUIREMENTS:
Incumbent must be a highly experienced Class IV whitewater rafter and kayaker.
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Other Voice on the Helmet Debate
Posted: April 6, 2010 Filed under: Uncategorized Leave a comment
Jon Heshka of Thompson River University
In an article Why ski helmets alone won’t reduce serious injuries Jon Heshka of Thompson River University talks about what helmets will and will not do.
Great article
Keywords: outdoor recreation, helmets, skiing, snowboarding, ski helmets, snowboarding helmets
Win a Climb Up Rainier with IMG
Posted: April 3, 2010 Filed under: Uncategorized Leave a commentWith just a few spots still available this year on Rainier (May 17 and May 19) a lot of climbers are already looking at 2011… And while we can’t sell our 2011 spots just yet we’ve hooked up with our friends at Outdoor Research and are giving one away!
Click below to enter!
No purchase or payment of any kind is necessary to enter or win this sweepstakes.
Open to residents of the fifty (50) United States (excluding RI) and District of Columbia and Canada (excluding Quebec), 21 or older. Void where prohibited. To enter, visit http://www.outdoorresearch.com and follow the directions to enter online between 12:01 a.m. (PT) on 4/1/2010 and 11:59 p.m. (PT) on 9/30/2010. Winners will be selected by random drawing on or about 10/5/2010 and notifi ed by certifi ed mail or e-mail on or about 10/10/2010. Grand Prize (1 winner): roundtrip airfare from major airport in U.S. or Canada to Seattle, WA; 3 or 4-day guided Mt. Rainier climbing trip by International Mountain Guides, LLC; 1 night lodging at a Seattle hotel; tour of Sponsor headquarters; and shell jacket/pants, soft shell jacket/pants, insulation layers, gloves, headwear, and gaiters (approx. retail value: $3,500 total). Second Place Prizes (2 winners): embroidered Mithril soft shell jacket (approx. retail value: $199 each). Third Place Prizes (5 winners): Arete Gore-Tex Gloves (approx. retail value: $89 each). Odds of winning depend on the number of eligible entries received. Sweepstakes subject to Official Rules. Details and qualifications for participation apply.
Lou Dawson tackles the Press about avalanche coverage and does a good job!
Posted: April 1, 2010 Filed under: Avalanche Leave a comment
Lou Dawson in his blog Wildsnow.com took on poor at best and just plain stupid coverage of a narrow escape in an avalanche. His article Bad Newspaper Reporting About Colorado Avalanche correctly identified the victim’s survival as luck rather than the attributes written about by the papers. The poor article Knowledge was key for Lakewood avalanche survivor was published in most of the newspapers owned by the publisher and by several other papers and news outlets. (One of which I have all ready written about because of its backbone or lack thereof…..
Mountain Media Takes Nasty Spill after Confrontation with Vail Resorts.)
Lou takes on the bad reporting and the total lack of any avalanche consciousness on the part of the victim, he does it with great articulation and aplomb. Nothing I aspire to achieve or will ever attempt to imitate.
I want to say the newspaper and other sources are part of the problem that the rest of the world is complaining.
Poorly researched articles that work to sensationalize stupidity just lead to the proliferation of IITB (idiots in the backcountry). Stupid newspaper stories about situations like this, fuel the growth of IITB. Other IITB’s believe that they too can ride in the backcountry, climb a mountain (So body…..) or thinking that making IITB pay for their rescues will make a difference (.)
Instead, people who have no clue read the article about the activity and just ignore the cost of money, time and sometimes the lives of those searching for them. If idiots thought, they would not be IITBs.
It is bad if a paper in Iowa or Alabama wrote about a local out west who survived a slide. However, this is hometown stuff. The publisher owns papers in Vail, Aspen, Granby, Breckenridge, Snowmass, Eagle Valley, Rifle, Carbondale, Leadville, Grand Junction, and Glenwood Springs. The readers and advertisers are the ones paying for the rescues and putting their lives on the line to do so. Yet they promote IITB.
It is no different from showing arsonist a new way to start a fire.
Keywords: Lou Dawson, Wildsnow, Avalanche, Avalanches
So I do not plan to die, but I am stupid so the law says I have to spend $500 so you can find my body…..
Posted: March 30, 2010 Filed under: Avalanche, Search and Rescue (SAR) Leave a comment
The new legislative season is about to start so we are going to get many stupid ideas. (Season is probably wrong; if it truly were a season, we would have a limit on whatever is being hunted such as votes.)
It is being reported that an argument is being made that climbers on Mt. Hood should be required to carry avalanche beacons to that SAR can find the lost climber’s bodies quickly.
1. They are called Avalanche Beacons not locator beacons. They are used to find live people in an avalanche.
2. Their range is limited. You cannot fly over with a helicopter and find beacon signals. You have to get on the ground and stomp around, just as SAR does now.
3. Consequently, you will not save a dime if you are responsible for SAR and worried about the cost of finding a body.
See Mount Hood deaths raise questions about locator beacons.
The new Yuppie 911 devices (including the Spot and other 911 button beacons(personal locator beacons)) have not been studied enough to know if the theory is true, but many SAR people think ideas like this encourage idiots to go into the woods. The box will keep me safe; therefore, I can go be stupid.
The reporter who wrote the article and the legislator who is proposing the bill do not know how beacons work, how should we expect the rest of the public to know? The people commenting on the article are confused. Some believe an avalanche beacon works like a spot and some believe a spot works like an avalanche beacon.
A spot and other genre are an electronic box that when you press the button sends a message to a satellite that says you are in trouble and this is where you are. It is hard to activate a spot in an avalanche, or after you are dead.
An avalanche beacon continually sends out signals with your location, whether you are in trouble or not. You do not have to do anything, the beacon is always in the come find you mode. However, it only signals satellites, they do not really talk to satellites.
Recco Avalanche System are “strips” or reflectors that are implanted in clothing or attached to you that when used with a Recco locator or Detector finds the strips, even from a helicopter. Requiring Recco strips helps find bodies. Recco strips are free, all ready in most clothing and work well.
Keywords: Mt. Hood, Avalanche Beacons, Personal Locator Beacons, Recco Avalanche System, Recco, SAR, Search and Rescue,
Adrenalin Junkies: Old misunderstood term now being applied to returning military
Posted: March 25, 2010 Filed under: Uncategorized Leave a comment
For a while, the fatality rate for returning veterans was higher than the in country fatality rate because of the desire to maintain the adrenalin high.
An article in the Statesman.com brings to light a problem for all branches of the US military and us. The article Soldiers back from war seek out new risks talks about returning solders and service personnel who are drag racing, sky diving and enjoying many high-risk activities.
Why is this a problem for all of us? Until a few years ago, the fatality rate for returning service personnel in some branches was 8%, higher than the in-country fatality rate. High-speed motorcycle crashes led the way in killing our highly trained military personnel who had given up a year or more of their life to serve in a foreign country.
The military, especially the Marine Corps was not prepared for the problem. Now all branches of the military have put into place Moral, Welfare and Recreation (MWR) programs or their branch equivalent to provide better activities to deal with this adrenalin need.
From on outdoor recreation perspective it has created a lot of opportunities as well as problems for the recreation community. The opportunities are to create and increase programs that provide these benefits; adrenaline and a degree of risk management. Problems because these young men and women dealing enjoying the programs were bringing their non-military families along.
Keywords: mwr, moral, welfare and recreation, military recreation, adrenaline junkie, adrenaline rush,
AAC leading group to take action on human waste
Posted: March 23, 2010 Filed under: Uncategorized Leave a comment
It was very tempting to take this headline in a lot of other directions!
A conference on the subject is scheduled for July 30 and 31, 2010 at the American Alpine Club office in Golden Colorado. The conference is expected to attract participants from around the world as they tackle the problem of human waste in the backcountry.
See American Alpine Club takes action on human waste. To register for the conference see American Alpine Club exit strategies.
I could not make my son wear a helmet so I’m going to make you wear one
Posted: March 19, 2010 Filed under: Ski Area 1 CommentParents react to son’s death by pushing for helmet law.
It is always very sad when a young snowboarder dies. Kyle Cryblskey was 23 when he landed wrong on a jump at Mount Hood in February 2010. It is not known whether or not a helmet would have saved his life.
So Kyle’s parents are pushing for helmets on everyone. I don’t make the connection either but confused seems to be common with this issue.
“Our son died; therefore, you should do what I want you to do.” Or maybe a better statement is “we could not make our son wear a helmet, so we are going to make you wear one.”
They failed in making their son wear a helmet so now they want the ski resort to be responsible for making people wear a helmet. It the parents could not make their child wear a helmet, why should the resorts be responsible for doing it? Come on folks, as parents it is your job, not the resorts, to take care of your kid.
When I was working at a ski area after a child had fallen off the lift, every parent wanted to know why we allowed the child on the lift. I wanted to scream YOU BOUGHT HIM THE LIFT TICKET, WHAT DID YOU THINK HE WAS GOING TO DO WALK UP THE HILL?
Deborah and Joe Cryblskey are pleading for stricter snowboarding and skiing laws. Their son Kyle Cryblskey, 23, was snowboarding last Saturday on Mount Hood Meadows when he took a jump, crashed and died. Kyle was not wearing a helmet.
The Cryblskey’s are quoted saying:
“He had a helmet. Every other year we would buy him a helmet and he would take them up there but the fashionable hat was better to wear,” said Deborah Cryblskey.
The Cryblskey’s said they don’t know if a helmet would have saved their sons life but they want them to be required for all skiers and snowboarders.
“I think that the resorts should have a more responsible role. Especially if they are on these jumping park things where they are going too fast and jumping so high. If they don’t have a helmet they are off the mountain,” said Deborah Cryblskey.
“The helmets I think they should be mandatory and they should bring the rental prices way down on them,” said Joe Cryblskey.
So now the resorts are going to be responsible for policing the kids of parents who can’t or won’t take care of their children.
The Cryblskey’s said they will continue to raise awareness about the importance of wearing helmets until a law is passed to require them on the slopes.
Grief is a natural process. Grief does not mean you make someone else miserable. Your grief should not be transferred to third parties making them miserable. If you want your children to wear a helmet, don’t allow them to ski without a helmet. If you want your children to wear, a helmet, and they don’t, don’t buy them a lift ticket or season pass, don’t drive them to the resort, and don’t give them the opportunity to ski or board. Be responsible for your own child and teach your child to be responsible for themselves.
Do not expect me or any other third party to be responsible for your child. If you or your children are not acting the way you want, it is Your problem.
Laws will not change things anyway.
So read the entire article see ‘Kyle loved snowboarding … This was his passion’. For more information about the accident see Snowboarder, 23, dies after crash at Meadows.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Keywords: ski area, ski area fatality, helmets, ski helmets, snowboarding,
Government fine is 3 times the medical bills
Posted: March 18, 2010 Filed under: Climbing Wall Leave a comment
Yeah, our system does not work because you can buy insurance for accidents.
A New Zealand climbing wall business was hit with a $50,000 fine plus $17,000 in medical bills by a government agency. A 13-year-old girl fractured her ankle and pelvis while climbing when she fell 8 meters at Ferg’s Rock ‘n’ Kayak in 2008. The New Zealand Department of Labour levied the fine and assessed the damages for the girl’s injuries. The article does not explain how the girl fell.
Government fines are not covered by any insurance policy. Like criminal fines, a government fine is not something you can purchase insurance to pay.
The owner of the rock-climbing wall, Ian Ferguson, a New Zealand Olympic legend may be forced out of business attempting to pay the fine and damages.
Because fines are not insurable, the $67,000 will have to come out of the pocket of the owner of the climbing wall.
In most countries that do not have the US litigation system, the government steps in order to regulate businesses and industry. Regulation can mean everything from creating policies and procedures, which is also being done in this case, to fine and bringing criminal charges. Here you can purchase insurance to cover the risk of litigation and damages. Although businesses in the US do not want to be sued, they can at least remain in business if they are sued.
See Ferguson hit with fine for rock climbing accident.
Save Natural Quiet at the Grand Canyon
Posted: March 18, 2010 Filed under: Uncategorized 8 Comments
The McCain amendment (an amendment to the FAA re-authorization bill) would stop progress on resolving aircraft noise at the Grand Canyon by legislating existing conditions and preventing the National Park Service from trying to improve protections for natural quiet at our premier national park.
The amendment defines “substantial restoration of natural quiet”, required at Grand Canyon by the National Parks Overflight Act of 1987, to 50 % of the park for 75% of the time. This weak definition is one the NPS was trying to improve upon with their environmental analysis which they expect to bring to the public later this year. The current 50/75 goal means that half of the Grand Canyon can be an unmitigated noise sacrifice zone, while the “protected” part still allows aircraft noise to be heard up to once every 4 minutes – we should do better than that at the Grand Canyon.
One of the top NPS priorities was restoring natural quiet to the wild Marble Canyon arm of the river and park, but this amendment allows flights to occur all day and prevents the NPS from doing anything about it.
Yes, it’s taken a long time for the NPS and FAA to finally get together around a common planning process, but now they are nearing the end of a lengthy, thorough and expensive analysis of alternative ways to improve the natural experience at the Grand Canyon. The NPS EIS is to be issued later this year, and the public will be given an opportunity to comment and get involved in the final choices. But if the McCain amendment passes, then the public will not have any voice and no changes can be made in the future.
The McCain amendment is a direct attack on Grand Canyon National Park on behalf of the commercial air tour industry. It takes the Park Service out of managing a vital piece of the visitor experience at our flagship national park – the natural quiet of this world class treasure, naturally one of the quietest places on earth.
Timeline: The Senate votes on the destructive McCain Amendment this week, possibly today, March 17.
McCain Spin: “The Arizona senator is tired of waiting for the FAA and NPS to reach an agreement over restoring ‘natural quiet.'” (AP Mar 17, 2010)
The Facts: Yes, we have waited since 1987 to get a good management plan for the Grand Canyon. The Park Service has completed the new plan and is ready to release it in April, in just a few weeks!
McCain’s ‘midnight rider’ amendment is a gift to the air tour industry. Together with the Nevada senators, he is back-stabbing the Park Service just when they have completed their work.
McCain’s amendment would legislate existing noisy conditions and stop progress. The McCain amendment is a direct attack on Grand Canyon National Park on behalf of the commercial air tour industry.
During the 1987 Senate floor debate, McCain said “When it comes to a choice between the interests of our park system, and those who profit from it, without a doubt, the interests of the land must come first.” We think this applies in 2010 as it did in 1987.
Please Help: Please call Senator McCain (202-224-2235) now. Ask to talk to a live person and tell them that the Overflights Act amendment is 1) destructive to the Grand Canyon, and 2) unnecessary because the Park Service is ready to release the draft environmental impact statement that will present the preferred management plan, and 3) cuts out all those who love the Grand Canyon from having their say.
Possibly more importantly, please call Senator Mark Udall (202-224-5941), chair of the National Parks Committee, with the same message. Thank you!
More Information: To learn more details, please call Jim McCarthy (928-779-3748), or Rob Smith (602-254-8362).
http://action.sierraclub.org/site/MessageViewer?em_id=165821.0
Helmet death ignited by misconception and famous personalities
Posted: March 16, 2010 Filed under: Skiing / Snow Boarding Leave a comment
Neither is an effective way to deal with risk management issues
A big debate has started over helmets. The debate is fueled by two things. First is the death of Natasha Richardson. The second is a misconception of the value of helmets in skiing.
The public relations surrounding the death of a famous person from a head injury always triggers a helmet debate. However, the debate seems inane when the head injury that caused the fatality of Natasha Richards would not have been protected by a helmet. Natasha Richards died of a rotation injury that no helmet would have prevented.
Second is the misconception about helmets. Helmets don’t stop fatalities. Helmets may stop head injuries in non-fatal ski/board accidents.
The debate is hot in Jackson Hole because of a fatality caused by a head injury by a ski patroller at the resort. While performing her duties as a patroller, she suffered a head injury in an out of bounds couloirs.OSHA and the state fined Jackson Hole Ski Resort for not having the patroller wear a helmet. However,by most accounts, a helmet would not have protected the fatality. See Jackson death spurs helmetdebate.
Vail Resorts and Intrawest have both published new helmet policies for guests and have in the past or have added requirements for employees when working within the past seven months. See Intrawest ski resorts increasing helmet use and Vail Resorts Makes Helmets Mandatory for Employees in 2009-2010 Winter Season.
The misconception is the biggest problems. Studies show that helmets do not reduce fatalities. Skiers and boarders who suffer a collision or an injury sufficient to cause a death while skiing or boarding die of some other issue.
See the following studies: Do helmets reduce fatalities or merely alter the Patterns of Death by Shealy, Jasper E., Johnson, Robert J., and Ettlinger, Carl F. Skiing Trauma and Safety, 17th Volume 2009 and Head injuries in Snowboarding: Evaluating the Protective Rule, Scher, Iriving, Richards, Darrin, and Carhart, Michael, Skiing Trauma and Safety, 16th Volume, 2008.
Helmets do prevent head injuries. Most noticeably in, terrain park injuries and backward snowboarder falls, possibly in skier v skier (or skier v. boarder or boarder v. boarder) collisions. See the above studies.
For other articles about ski resorts and helmets see: Whistler Blackcomb mandates helmet use by youth instructors, Jackson death spurs helmet debate.
What does all of this mean? If you ski and snowboard wear a helmet…..or not. Do not expect a helmet to save your life, it will only prevent head injuries.
Indoor Climbing Wall Business for sale
Posted: March 15, 2010 Filed under: Climbing Wall Leave a commentOff The Wall Indoor Climbing.
FOR SALE: Off The Wall Indoor Climbing
Established 1996 and still growing!
Asking $120,000 All reasonable offers will be entertained!
After considerable deliberation, Owners Peter & Maria have made a major life decision: to move their family to Patagonian Chile and pursue the development of rock & alpine climbing in that region! In order to accomplish their goal, they have decided to sell Off The Wall Indoor Climbing. “We have put our hearts & souls into building Off The Wall, and now it is time to move on, time for someone fresh to continue to build and grow this wonderful business!”
For more information, please contact Peter or Maria at: peter@offthewallclimbing.com
http://www.offthewallclimbing.com
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords: indoor climbing wall,
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Well they found him. He thought his PLB was an avalanche beacon.
Posted: March 14, 2010 Filed under: Avalanche 1 CommentThis is the ultimate proof that men do not read instructions.
In prior posts, (This is starting to become stupid and Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area), I had talked about a PLB (personal locator beacon) that was repeatedly going off in the backcountry near Berthoud Pass. Members of the Rocky Mountain Rescue Group had been using special direction finding equipment to locate the owner of the PLB and see what was wrong. This had been going on for two months.
The reason why the PLB was going off? The owner had received the PLB as a gift. He thought the PLB was an avalanche beacon. Every time he went into the backcountry, he had turned his PLB on thinking he was protected if in an avalanche.
Personally, if I would’ve found the owner of the PLB, I would’ve instructed him on where to locate the beacon so the beacon would never be damaged, and he would never lose it. However, the great people of Rocky Mountain Rescue Group simply laughed at the situation. (People who volunteer to be part of a SAR team are unbelievable! Thank you SAR volunteers!)
I am not sure who is at fault for this. The retailer who sold the PLB did not either understanding what he or she was selling or did not understand what the person buying the gift wanted. The person buying the gift obviously did not understand what they were attempting to purchase. The person who used it never had taken an avalanche course, never had done a study on avalanches, and had never tested the beacon to see if he knew how to use it. I guess all three people share some of the responsibility.
Why would you take a person like this out in the backcountry? Who are this guy’s friends, they are also not real bright if they did not check their buddy’s equipment.
If you are going to go out in the backcountry where you are at risk for avalanches you must do several things:
1. Carry a beacon, probe, and shovel.
2. Know how to use your beacon, probe and shovel.
3. Make sure all the other people going out with you have a beacon probe and shovel.
4. Know how to use the other beacon’s probes and shovels that your friends have with them.
5. You have taken an avalanche course.
If you do not do these five things, it is not who is the biggest !d!@t, you will just be in a group of them. The real issue will be what kind of ceremony you want for your funeral.
Furthermore, it is pretty obvious that this guy doesn’t read the news media or anything else with the amount of attention it got in Colorado.
See Rescue group finds ignorant owner who triggered false alarms.
For prior articles about this is that in see Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area and This is starting to become stupid
See Rescue group finds ignorant owner who triggered false alarms
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords: outdoor law, recreation law, outdoor recreation law, adventure travel law, PLB, SAR Personal Locator Beacon, Avalanche Beacon, Search and Rescue, Rocky Mountain Rescue Group,
PMI Webinar on how to use and retire a rope
Posted: March 12, 2010 Filed under: Uncategorized Leave a commentEveryone should watch this video to make sure they understand their ropes and when to retire them!
Sure it’s a push for PMI ropes, but the Webinar was worth the effort and the advertising was non-existent. It was good!
Seriously, when to retire ropes is a big risk management issue. Retiring ropes too early costs you money, retiring them too late may cost you everything. This webinar covered everything from how to unroll or un-spool your rope to throwing it away.
The original talk was a webinar. You have to download a small software program for the webinar to work, but if it was very easy and not a problem. After the webinar was done the entire thing was put online. To see the webinar as a show go here and click on the button Watch It Now.
Some of the things I learned:
· What to do when you un-spool a rope
· What is on the label?
· That the rope has a marker tape on the inside of the mantle of the rope?
· What damages a rope?
· Chemical damage may not be visible on a rope.
· Ultra violet light issues, what is real and what is not.
· How important is the compatibility of the gear you use on the rope to the rope.
· Sharp edges and ropes.
· Temperature and ropes.
· Rope storage.
· How long it takes to dry a rope and how.
· Effects of concrete and water on ropes (and other things).
· Loading, what is what is not and how much.
· How easy it is to cut through a stationary rope with a moving rope.
· Rope Inspection.
· How to make sure your rope does not get put back into service (rope recycling).
· When to retire a rope based on age.
If you run a business, this is a great example of how to inform, advertise and protect yourself.
To see this webinar Go To Here.
To sign up for future webinars contact PMI Ropes. There is supposed to be one a month.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords:outdoor law, recreation law, outdoor recreation law, adventure travel law, PMI, climbing ropes, Pigeon Mountain Industries, rope care,
Canadian Ski Council announced policy on helmets
Posted: March 11, 2010 Filed under: Uncategorized Leave a comment
So why isn’t this on your website?
The Canadian Ski Council no recommends that skiers and riders now use helmets.
What is interesting is the statement that the policy was announced after a study showing 50% of all skiers and 90% of children are wearing helmets. So if that is the case the policy is not one based on safety but one based on going with the flow?
New policy, most Canadians like ice cream, therefore, the Canadian Ski Council now endorses ice cream.
The policy cannot be verified by looking at the council’s website. To read the press release see Canadian Ski Council Announces Policy On Helmets.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
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