More Government Intrusion into Outdoor Recreation
Posted: January 1, 2010 Filed under: Uncategorized Leave a comment
The governator is anti-sunscreen in california.
The california Supreme Court recently upheld a lower court ruling that allows the state to ban nudity at state beaches.
The governator revoked a policy that had been in place since 1979 that prohibited ticketing nude bathers until after someone had filed a complaint. No reason is given as to why the old actor decided that nudity was now a problem on state beaches after 30 years.
The decision is Naturist Action Committee vs. Department of Parks and Recreation, S174821 2009 Cal. LEXIS 10988 decided October 14, 2009. The decision the Supreme Court left unchanged was Naturist Action Committee et al., v. Department Of Parks And Recreation et al., 175 Cal. App. 4th 1244; 96 Cal. Rptr. 3d 620; 2009 Cal. App. LEXIS 1169. See State lets parks crack down on nude beach goers beachgoers for more information.
Nudists are a threat to government. They carry concealed…….Ok, well they are obviously plotting a revolt just laying there in the sand…….Ok, well then, damn most of them are just plain ugly, and if you are that ugly you should have to wear clothes…….darn that means I have to wear clothes. What reason is there to ban nudity besides melanoma issues?
There is no federal law banning nudity on federal land but don’t tell anyone.
UIAA has issued a warning for Anchors in Tropical and/or Marine Environments
Posted: December 29, 2009 Filed under: Uncategorized Leave a commentThe UIAA (Union Internationale des Associations d’Alpinisme) has issued a warning to be vigilant in checking for corrosion on anchors in tropical and/or marine environments. See Extreme caution advised for anchors in tropical, marine areas.
The UIAA study shows that 10 to 20 percent of fixed anchors will fail in marine/tropical environments. The study also showed the force to break some of the anchors was as low as 1 to 5 KN. Those loads are so small in some cases that is the weight of a climber.
The anchors were stainless steel and the corrosion appears to be accelerated by the closeness to the sea and a year round warm wet climate. The UIAA is recommending:
- Before climbing, talk to local climbers and with local people who equipped the routes about the quality of the anchors in place.
- Find out if a climbing area is regularly re-equipped. Experience to date shows that if anchors are less than three years old, they are less likely to be weakened.
- Look for tracks of rust on anchors. If you see such marks, do not load the anchor and stop the climb, as it is just these sorts of anchors that have been dangerous in the study. Alert locals so they can deal with the situation. You can also change the weakened anchor.
- As a precautionary principle, the UIAA highly advises climbers to not climb on routes in tropical, marine environments that show rust, or for which you don’t know who maintains the routes or when the equipment was put in place.
- Even with positive knowledge about the climbing routes, know that you ultimately must verify for yourself the quality of the anchors in place.
To see the full report see: Safety Commission report
UIAA Mountain Ethics Officially Published
Posted: December 28, 2009 Filed under: Uncategorized Leave a commentThis is an update of an earlier post UIAA adopting new ethics code and best practices for mountaineering.
The Union Internationale des Associations d’Alpinisme (UIAA) has officially published its new mountain ethics. I have posted the new ethics at UIAA adopting new ethics code and best practices for mountaineering. To see the press release announcing the publication see. Officially published – Mountain Ethics Declaration. To download a copy of the ethics go to Mountain Ethics Declaration.
The new ethics cover areas such as the ethics of sportsmanship, respect for cultures and care for the environment as well as issues with first ascents and oxygen. The ethics are 12 maxims that provide an easy way to organize and remember the issues.
OSHA Officially recommending helmets for ski area employees
Posted: December 27, 2009 Filed under: Ski Area Leave a commentThe Occupational Safety and Health Administration (OSHA) has posted a recommendation on its website for employees of ski areas to wear helmets. The post is:
The OSHA post can be found at OSHA Quick Takes for December 1, 2009, Volume 8, Issue 22.
Another lawsuit against a Challenge Course and “bumbling chiropractors”?
Posted: December 24, 2009 Filed under: Challenge or Ropes Course 3 CommentsA woman is suing Beaver Hollow Conference Center of Java New York and Chiropractic Leadership Alliance for injuries she received on a challenge course. The plaintiff is claiming she fell off the pamper pole and the belay had too much slack in it.
She claims the retreat put her in a frightening situation. Is that not what a challenge course is supposed to be? She claims the course did not have proper supervision and adequate safeguards. I thought a belay was a safeguard when you are climbing? The group did not place a trained instructor with each group, negligently conducted the activity in a situation with slip hazards, which resulted in her fall.
Come on, was this woman not paying any attention to the beginning of the program. Do you want to bet she was in the back either talking to a friend or on her cell phone. I seriously doubt any challenge or ropes course would not go through an introduction explaining the program. Her complaint reads the way a challenge course should. The participants are going to experience a frightening situation with inexperienced participants and facilitating certain hazards.
The article is Docs’ ‘Confidence-Building’ Ends in Fall. To read the complaint go to http://www.courthousenews.com/2009/11/03/PoleFall.pdf
I still have not figured out where the bumbling chiropractors fit?
AFFTA and Outdoor Retailer/Fly Fishing Trade Show Split
Posted: December 23, 2009 Filed under: Uncategorized Leave a comment
Nielsen/Fly Fishing Retailer had been running the Fly Fishing Retailer Trade Show in Denver Colorado for many years. After the show had dwindled, Nielsen announced they would merge/move the show to the Outdoor Retailer Trade Show in Utah in August. This obviously not what American Fly Fishing Trade Association (AFFTA) had planned.
AFFTA announced they were going to create their own trade show in Denver in the fall. See Independent Fly Fishing Show to Debut in Colorado
Along with the announcement of the show AFFTA announced a new marketing director who will run the show and a long list of exhibitors who have committed to the show. The show is expected to be held in the third quarter of 2010.
UIAA has a New Website to check on product Recalls
Posted: December 22, 2009 Filed under: Uncategorized Leave a commentIf you are worried about your climbing equipment being the subject of a “recall”, you now have a place to check. The UIAA has a new website where you can check on your climbing gear. The site is Certified Equipment and Recalls. On the same page, you can check and see if your equipment has received the UIAA label.
An article about the new site can be found at Recalls function one-stop shop for climbing community.
A note: A “recall” as defined by the UIAA is not the same as a recall here in the US. The UIAA is a European Organization and operates under EU laws.
The UIAA is the Union Internationale des Associations d’Alpinisme or known here in the US as the International Mountaineering and
Climbing Federation.
Mountain Media Takes Nasty Spill after Confrontation with Vail Resorts
Posted: December 18, 2009 Filed under: Uncategorized Leave a commentMountain Media Takes Nasty Spill After Confrontation with Vail Resorts
When the New York Times writes about a reporter for a small (both figuratively and literally) newspaper in Summit County, Colorado, something is up.
Other headlines about this story include:
Reporter: I was fired for taking on the ski industry
Greene: Advertising flap snowballs for Vail Resorts
Journalist Fired After Critical Report Published
Vail resorts, the evil empire of the Rockies?
What is confusing is everyone seems to be giving Vail Resorts a hard time. Sure there are some ethical issues with Vail’s complaint/defense but let us get real. Sure Vail yanked its advertising from the newspaper because they did not like the article. Big corporations do this every day.
Besides there is only one newspaper in Summit County, if Vail does not advertise in the Summit Daily News the only other option is posting flyers on telephone poles.
The party to this story that should be castigated is the Summit Daily News. They forgot what a newspaper is supposed to do. They forgot they are the fourth estate, the non-governmental entities charged with keeping out freedom by remaining vigilant. Those freedoms specifically include the First Amendment to the US Constitution.
Amendment I
The fundamental basis for all we stand for here in the US is the right to free speech. However, the Summit Daily News put a price on it. The price is the advertising dollars of Vail Resorts.
Big and little corporations are going to flex their muscle every day. Consumers do it every time they go to the Better Business Bureau website and file a complaint. Lawyers do it when they represent a client. That is life in the US.
However, life will change if every time we flex that muscle, some newspaper caves. Well, I am not going to take it anymore. I am canceling my subscription to the Summit Daily News effective immediately because of what they did.
Oh, wait, I do not live in Summit County, and I do not subscribe to that newspaper. No wonder newspapers are dying; it is hard to evolve when you don’t have any backbone.
Comments about the Eastern Washington University sued over student death on a rafting trip
Posted: December 17, 2009 Filed under: Whitewater Rafting Leave a commentMore thoughts about the post Lawsuit filed over death of university student during school sponsored rafting trip.
Eastern Washington University is being sued over the death of a student on a whitewater rafting trip on the Clark Fork River in Montana. The freshman student fell from the raft and was trapped by a strainer.
A EPIC Adventure conducted the trip. The suit claims EPIC Adventure failed to understand the dangerous of the trip and had been informed of the strainer the day before the trip.
There are going to be no winners in this litigation except the attorneys.
The family will not get their daughter back and will attempt to confuse or substitute money, if they receive any for their daughter. That may also come as a sense of relief to find someone else was at fault for their daughter’s death, but I doubt it. The family will not win, even if they win. Litigation is a grueling wearing grinding way to achieve “justice.”
The university and all other students will lose, even if they win because the university will probably pull back from offering any more opportunities for the students to stretch and grow. This appears to be a freshman orientation program, which studies have shown, can increase the graduate rates of participants significantly.
So the only people who will win are the defense attorneys, they will be paid an hourly rate probably and possibly the plaintiff’s lawyers who may receive a percentage of any settlement or payment to the family.
No mention has been made of any defenses to the suit or if the student signed a release. What will probably never learn is, was there an indemnification agreement between the university and the outfitter for this type of issue.
Strainers kill people. Do you stop rafting, canoeing, kayaking, living every time a tree falls into a river? I hope not. However, that is what the lawsuit is claiming. Life should be put on hold until the world is perfectly safe and no one can get hurt. Therefore, after you read this, we should all climb back under the bed, turn on our little lights and then heave we are alive…..if you can call that living.
See Family sues university after daughter’s death
For other posts about fatalities and strainers, see Large Jury Award in death of 9 year old Camper and Common Mistakes made by Outfitters and Insurance Companies.
For other posts about suits against colleges and universities see Middlebury College getting sued over climbing wall accident by student, Ohio University settles lawsuit brought by injured student, Settlement reached in suit against Idaho State University group CW Hogs
For Outdoor Recreation Law Review Articles on cases against colleges or universities see Court decides participant cannot assume the risk of a team building exercise, College successfully defends student high altitude fatality, College loses suit by parents of deceased student from snow skiing class, Assumption of Risk and Inherent Risk in Higher Outdoor Education, Case Brief: Release Protects Gonzaga University from Lawsuit Following Student Death and State Law Prohibiting Releases.
International Mountain Guides is part of the new Everest Series this year
Posted: December 16, 2009 Filed under: Uncategorized Leave a comment
Air Dates Announced for the 2009 season of climbs
Now in its third season, the Discovery Channel’s Everest: Beyond The Limit is taking a new approach to filming this year and will feature both International Mountain Guides and Himalayan Experience in a five-part series.
The dates and times are below. Be sure to check your local listings for any last minute changes.
Sunday, December 27
8:00pm Episode 1
9:00pm Episode 2
10:00pm Episode 3
Wednesday, December 30
9:00pm Episode 4
10:00pm Episode 5
2009 IMG Everest Dispatches
International Mountain Guides, LLC | PO Box 246 | 31111 State Route 706 East | Ashford | WA | 98304
I am not sure why we have this fascination with “dangerous” sports and lists
Posted: December 15, 2009 Filed under: Uncategorized 3 CommentsThere is another top 10 dangerous sports list out. The list was published by Top-10-list.org and supposedly lists the top 10 dangerous sports. See Top 10 Dangerous Sports. The list is pretty much a joke and seems to be based on the most injuries total rather than the most injuries per participant or hour spent in the sport.
The list is:
Check out the website to see their justification for their list. However, I have a few issues. If bullfighting is a sport then we should include prostitution. It is a job, not a sport. Those watching may consider it a sport but those engaging in it are at work.
The North Face is Suing the South Butt
Posted: December 15, 2009 Filed under: Uncategorized 2 CommentsSometimes you only need a headline…..but I will explain.
A teenager in Missouri started a company called the South Butt as a parody of the clicks in his school that wore TNF clothing. He sold t-shirts and other stuff, (great quality I might say!).
The North Face did not like it, (I laughed my south butt off! when I read about it) and now they have sued the South Butt.
See: The North Face files lawsuit, claims ‘The South Butt’ parody brand is trademark infringement.
The South Butt can be found at http://www.thesouthbutt.com/. You are on your own to find TNF. Lawsuits cost a lot of money to defend and you never know when you might need another t-shirt. I also think that I have a lot of relatives that might look good in a South Butt T-shirt, shorts or jackets. :)
Hurry Christmas is coming and judges may rule also….
UIAA Offering refresher and intensive Ice Climbing Courses for route Setters and Judges
Posted: December 14, 2009 Filed under: Uncategorized Leave a commentThe Union Internationale des Associations d’Alpinisme (UIAA) is offering a serious of courses for ice climbing route setters and judges this winter. One of the courses will be in English. The courses will review the UIAA and the issues in course setting and judging for Lead, Boulder and Speed Climbing. For more information on the courses, see Ice Climbing refresher and intensive courses offered. If you wish specific information on courses or a list of the specific courses and their location go to the course list.
COMPETITOR MAGAZINE REGIONAL EDITOR JOB DESCRIPTION
Posted: December 14, 2009 Filed under: Uncategorized Leave a comment
Competitor Magazine is looking to hire part-time regional editors in several of our 11 magazine markets to include: Texas, Florida, Washington, D.C., Northwest and Northern California. Responsibilities include writing, editing and managing freelancers. The editor will cultivate and maintain local freelance writers and editorial sources, to include bloggers, and local photographers, as well as attend local amateur sports events and races. The ideal candidate should enjoy fitness-oriented sports and expect to participate in athletic events. Applicants should have at least 2 years of journalism experience, preferably with a background in either feature writing or sports writing. They should be able to generate strong story ideas. Competitor is a monthly magazine that covers amateur, participatory sports including running, cycling and triathlon. Knowledge of at least some of these sports is preferred. The free glossy magazine is based in 11 markets across the U.S. and has a circulation of more than 700,000 around the U.S.
Responsibilities per issue include:
- Writing Editor’s Note (500 words approx)
- Writing 4-5 items for Starting Lines section (200-300 words each)
- Writing 1-2 items for Better Competitor section (200 words each)
- Writing up to 5 Event Watches for Calendar section (100 words each)
- Writing I’m a Competitor Q&A (500-600 words)
- Writing or managing a freelance writer to write 1 local feature (600-800 words each)
Additionally, the Regional Editor is expected to:
- Be the face of the brand in that market
- Attend key industry events and races
- Establish a freelance network of local writers, photographers, bloggers
- Take photos/video when necessary
- Contribute to website
Please send cover letter, resume and 2-3 clips to rheaton@competitorgroup.com.
Research Fellowship available for Denali and other Alaskan Parks
Posted: December 11, 2009 Filed under: Uncategorized Leave a commentThe National Park Service and the Murie Science and Learning Center (MSLC) are seeking applicants for two research fellowships that are available to individuals wishing to conduct research in Denali National Park and Preserve and other national parks in Alaska. The Discover Denali Research Fellowship is for research in or near Denali, and the Murie Science and Learning Center Fellowship is for research taking place in Denali or other arctic or subarctic Alaska national parks.
The Discover Denali and the MSLC Fellowship Programs are designed to assist undergraduate and graduate students, but may be appropriate for college and university faculty, state and federal agency scientists, and private-sector researchers. Proposals for research that will help managers make decisions about critical resource issues are particularly encouraged. A typical fellowship grant is expected to be around $3,000 – $3,500; however, proposals for up to $5,000 will be considered. If an applicant wants to be considered for both funding sources, only one application is needed.
The deadline for both fellowship applications is February 1, 2010 and a decision is expected to be made soon after March 1, 2010. The fieldwork of fellowship recipients must be arranged before September 1, 2010.
This is the third year that the Murie Science and Learning Center research funds will be available to researcher-applicants whose studies help managers in all of the parks that are partners with the MSLC: Bering Land Bridge National Preserve, Cape Krusenstern National Monument, Denali National Park and Preserve, Gates of the Arctic National Park and Preserve, Kobuk Valley National Park, Noatak National Preserve, Wrangell – St. Elias National Park and Preserve, and Yukon – Charley Rivers National Preserve. A total of 3-6 fellowships may be funded in 2010.
This is the fifth year that the Discover Denali Research Fellowship has been available for researchers. It is projected that 2-4 projects may be funded in 2010. Any previous fellow may reapply, but is not assured of additional funding.
An information guide about either of the fellowships, which includes specifics on how to apply and other information helpful to the application process, may be downloaded from www.nps.gov/dena/naturescience/discodena.htm. For more information contact Denali’s Research Administrator Lucy Tyrrell at (907) 683-6352 or lucy_tyrrell@nps.gov.
The Discover Denali Fellowship is made possible through proceeds from Discover Denali, an MSLC program developed in partnership between the Denali Education Center and the National Park Service. The Discover Denali program educates Royal Celebrity Tours participants about Denali’s natural and human history. The Denali Education Center seeks to connect people to Denali through research, education, and communication.
The Murie Science and Learning Center Fellowship is made possible through the proceeds of the Center’s many education programs offered by Alaska Geographic in partnership with the National Park Service. The MSLC was established in the spirit of the Natural Resource Challenge, a National Park Service initiative aimed at increasing research and education efforts in our national parks. As part of its mission to connect people with their public lands, Alaska Geographic provides partial staffing and funding for the MSLC operations.
Discover Denali Research Fellowship Program, 2010 Application Instructions and Guidelines
MSA ANNOUNCES PLANS TO DISCONTINUE REDPOINT AUTO BELAY
Posted: December 10, 2009 Filed under: Challenge or Ropes Course, Climbing Wall 5 CommentsMSA is in the process of developing a reimbursement program for eligible Redpoint and Auto-Belay Descenders. The reimbursement program plans are currently being reviewed by the U.S. Consumer Product Safety Commission (CPSC). Following the CPSC review, MSA plans to issue a recall notice to owners and distributors of the affected products, including instructions for the return of units.
It is important that the Stop-Use remain in effect. Please do not use any Redpoint Descender or affected Auto-Belay Descender. As a reminder, the Stop-Use Notice applies to the following descender units:
- All Redpoint Descenders (part numbers 10024873, 10027646, and 10027798) regardless of the date the unit was manufactured or last serviced;
- Auto-Belay Descenders (part number 10021806) manufactured or last serviced on or after June 30, 2000.
Update on Carolina Perception sea-kayaks stolen they have been found!
Posted: December 9, 2009 Filed under: Uncategorized 3 CommentsI wrote about a university program having two of their kayaks stolen in Carolina Perception sea-kayaks stolen. I am happy to report they have been found, but you will never guess how. See the story from Russ Crispell that he pasted on Facebook!
So when you go swimming in a swimming pool do you think there is chlorine in the water?
Posted: December 8, 2009 Filed under: Health Club 2 CommentsThe Edwardsville, IL Intelligencer is reporting in Man files suit against health club that a man has filed a lawsuit against a local health club for chlorine he ingested while swimming in the pool.
The plaintiff is claiming an employee improperly added the chlorine to the water. However, the article states the plaintiff ingested the water.
Do not drink the water if you smell chlorine. In fact, and this may come as a shock to many of you, but I would not drink any water from a swimming pool.
Winter 2009 Green Guru Gear Factory Sale
Posted: December 6, 2009 Filed under: Uncategorized Leave a commentGreen Guru Gear Factory Sale; Join us for this clearance event!
We’re having a holiday factory sale at our Boulder facility with great deals on a variety of eco-gear and goods. Save big on everything from messenger bags to accessories. We have new products, seconds, samples and prototypes. Come by and see all of our upcycling magic.
Our sale will run this Saturday 11-5 and 9-6pm Monday – Friday till December 22nd. We are east of Foothills Parkway on 47th Street in the SW corner of the green warehouse. Look for the red SALE flags. See you there!
2500 47th Street, Unit 12, Boulder, CO 80301
Phone: 303-258-1611
If you are not able to come by, save online with 15% off by using the discount code “GURUNATION” during checkout.
Middlebury College getting sued over climbing wall accident by student
Posted: December 3, 2009 Filed under: Climbing Wall 1 CommentThe Rutland Herald is reporting that Middlebury College is being sued by a student for an injury she received in on a climbing wall. The suit alleges she received injuries to her ankle from a fall in 2006.
The allegations seem to direct the claims at the safety mats which were inadequate and unsafe.
Looking over the Middlebury College website a release is downloadable on the climbing wall hour’s page. The release appears to be well written, however it does not have a venue and jurisdiction clause. The law suit is filed in New York which prohibits the use of releases, however a release has been upheld when used by a college or university climbing wall suit because the university was not a place of amusement.
See Former student sues over accident
For information on New York’s law on releases at they affect college or university climbing walls see State Law Prohibiting Releases and NY State Law Does Not Prohibit Releases in All Cases.
For other New York cases in college programs see Court decides participant cannot assume the risk of a team building exercise.
Any injury at a climbing wall is sad and ankle injuries are a pain both the injury and through the healing process. But the pads at the bottom of the wall are visible to anyone getting ready to climb. The thickness and arrangement should have been visible to the climber. At some point you have to look around you in life and make a decision about the risk. We developed eyes and a brain, senses in our feet and hands and all of those senses would have keyed someone into thinking about the issues of landing on those pads.
Bicycle accident numbers stay the same, but severity of injuries is increasing.
Posted: December 1, 2009 Filed under: Cycling 1 CommentHelmet use increased during study but did not significantly decrease injuries.
A study titled Increasing Severity Of Bicycle Injuries Leads To Concerns About Cycling Infrastructure raised concerns about the safety of cycling. Abdominal injuries increased 15% and chest injuries increased three-fold. Over the 11 year study period a total of 329 cycling injuries were studied at University of Colorado School of Medicine Rocky Mountain Regional Trauma Center at Denver Health Medical Center, Denver. Helmet use had increased during the study, yet 33 percent of the injuries involved a significant brain injury.
For more articles on the study See: Increasing Severity Of Bicycle Injuries Leads To Concerns About Cycling Infrastructure and Study: Bike Injuries Becoming More Severe.
$2.36 M awarded to boy kicked by horse during inner-city youth program
Posted: November 26, 2009 Filed under: Equine Activities (Horses, Donkeys, Mules) & Animals 1 CommentA Philadelphia jury has awarded $$2.36 million to a boy in an inner city program which “involved” youth in horseback riding and polo matches. The defendant was a well known local group called Work To Ride Inc.
The boy was kicked by the horse as it was being loaded into a trailer. The horse struck the youth in the face breaking his jaw and causing other injuries. The jury found the non-profit was 90% liable and the total award was reduced by 10% for the youth’s percentage of fault.
One issue here that appears a lot in cases like this is the discrepancy of knowledge between those who are used to wild things and those who are not.
If you grew up on a farm you know horses kick. If you grew up in a big city you expect that someone who is taking your children to do something with them will take them to a safe place to do safe things. You probably don’t know that horses kick.
Consequently when a horse kicks your son, you are going to be mad. People don’t let their children do dangerous things. Consequently when something a parent thought was safe turns out to be dangerous someone is mad. Mad equals lawsuit.
My other concern is the program in general. What long term skills or experience is someone from the inner city going to have by learning to ride a horse?
See Boy Awarded $2.36 Million for Horse Kick to the Face
Four Corners School of Outdoor Education Southwest Ed-Ventures Head Guide 2010
Posted: November 24, 2009 Filed under: Uncategorized 2 Comments
General: Four Corners School of Outdoor Education (FCS) is a twenty-five-year old non-profit based in Monticello, Utah. Our mission is to create lifelong learning experiences about the Colorado Plateau bioregion (Southern Utah, Southwest Colorado, Northwest New Mexico and Northern Arizona) for people of all ages and backgrounds through education, service, adventure, and conservation programs. Our vision is to build a diverse community of people who are committed to conserving the natural and cultural treasures of the Colorado Plateau.
FCS achieves its mission/vision through 4 education, service, adventure, and conservation programs that include:
1-Canyon Country Youth Corps (CCYC)-an employment, education, and leadership program for primarily Navajo youth ages 16-23, who complete public lands projects on the Colorado Plateau.
2-Southwest Ed-Ventures (SWED)-adventure education trips for all ages throughout the Colorado Plateau, whose net income supports the other 3 programs of FCS.
3-The Bioregional Outdoor Education Project (BOEP)-a place-based environmental education training program for all K-8 schools and teachers on the Colorado Plateau.
4-The soon-to-be Discovery Institute for Conservation Education-part of the new campus of FCS, the Canyon Country Discovery Center, that provides place-based learning on and about the Colorado Plateau bioregion.
Job-Description: The Southwest Ed-Ventures program seeks a Head Guide for the 2010 season. It is a part-time position, mid-March to mid-November. It may or may not allow you to work for other companies during the season, depending on our schedule of booked trips each year, but SWED trips will need to be your first priority for work. You will work SWED river and land trips, BOEP and CCYC river trips, and as cook where needed. Pay is subject to the FCS guide payscale, as attached. This person will work as head guide on all trips (unless there are overlaps), plus some basecamp office days (10-15) as needed to keep equipment, logistics, and pre-trip paperwork in order. As the number of river and land-based trips vary from year to year, the number of workdays a month will vary. Will report to Janet Ross (Executive Director), unless a SWED Manager is in place. Can live at FCS basecamp at no cost when working. In a typical year you will work fifteen to twenty 3 to 7 days trips.
Overall duties are:
1. Trip leader, whenever you are on a trip (being a good cook is a must)
2. Supervise of trip staff (Janet does the hiring)
3. Create menus, shop for, and pack out all trips with other staff (even if you are not on them) including BOEP/CCYC river trips
4. Repair gear and manage/maintain basecamp
5. With Pam/Kathy send out pre-trip information
6. With Pam/Kathy make sure all logistics are handled for each trip
7. Set up/take down of Safari Camp with other staff, if the trips go
8. For non-field days worked you will be paid your same daily rate
9. Work with Tim on vehicle maintenance and management
Qualifications Needed:
1-Guide 1 or 2 in Utah with WFR and CPR certification
2-Good dutch oven and camp cook for high-end menu
3-Well-organized, multi-tasker, and some computer skills
4-Good people skills (guides and clients and office staff) with high-end clientele
5-Good interpretive skills for Colorado Plateau bioregion
6-Ability to lead river, backpack, hike, basecamp, and service trips
7-Handy with tools for basecamp and gear repairs
Email: Please send your resume and a cover letter detailing your availability to Janet Ross, jross@fourcornersschool.org. She will then send you further information and schedule a phone interview with you. Thanks!
Letter to the Editor: Wilderness and Environmental Medicine
Posted: November 24, 2009 Filed under: First Aid 2 CommentsJune 23, 2009
Jonna Barry, Managing Editor
Wilderness and Environmental Medicine
1505 N. Royer Street
Colorado Springs, CO 80907
Wilderness First Aid: Is there an “Industry Standard”?
I read with appreciation, interest and concern the article Wilderness First Aid: Is There an “Industry Standard”? in the latest Wilderness and Environmental Medicine. I have the following comments about the article suggestions about future articles and research.
For a defense oriented attorney and possibility for the plaintiff’s bar the use of the word standard creates issues. The word in everyday life, means a reference point or median, it has a different definition in the law. A standard in the law is the lowest level of acceptable level of doing or not doing something that a reasonable person would accept. It may not be the median or average. As such, a statement that something is the standard which is not the lowest acceptable level creates a path for a lawsuit for anyone who may not meet the median but is above the lowest acceptable level of work.
This is important because a violation of a standard is the first step in proving negligence. In general in outdoor recreation activities, the hardest thing to prove is a violation of a standard. By putting in writing what the standard’s are for a particular activity, we have made the plaintiff’s job that much easier.
Plaintiff’s lawyers grasp on to an article using the term from respected publications, such as this Journal, as proof that the outfitter or guide did not meet the industry standard. It then falls on the defense to prove, and normally at a much greater cost, at trial, that the standard is not at issue or was not the legal definition used in the article.
Consequently I was happy to see the article did not really reach a conclusion about what the standard is above that of simple first aid courses.
A major issue is what is wilderness first aid? There few legal references to a definition of first aid, those that do simply reference the American Red Cross definition: immediate and temporary treatment of a victim of sudden illness or injury while awaiting the arrival of medical aid. One court described first aid as anything that did not require training, consequently CPR was not first aid because it required training. L.A. Fitness International, Llc, v. Mayer, 980 So. 2d 550; 2008 Fla. App. LEXIS 5893; 33 Fla. L. Weekly D 1136. If a court determines that an act done was outside the definition of first aid, there is no defense for a non-licensed health care provider. Many wilderness first aid courses teach techniques that are clearly outside of the simple definition of first aid: immediate and temporary treatment. The Wilderness Medical Society Practice Guidelines for Wilderness Emergency Care, 5th at present is the only document that provides wilderness first aid advice for those wanting to understand what is and is not first aid.
Many times articles such as these want to improve the care for those injured in the outdoors. Articles rarely accomplish that goal and mostly encourage litigation, which also fails to accomplish that goal. What does occur is an increase in litigation and a decrease in participation. The Boy Scouts of America and Sierra Club were both referenced in the article. Both groups are led by volunteers. Volunteers do not have more time to take more than a basic first aid course while all ready taking several hours each week to volunteer and then spending your vacation with a group of youth cannot be stretched much father.
This is a classic example of we need to protect more kids by requiring more leader training which protects the kids because they now never leave the city. Volunteers have only so many hours and kids have too many chances to get hurt.
The article speaks to statutes or governmental regulations referencing first aid requirements. There is a misnomer that a legal standard in the industry can be higher or lower than a state statute. The standard for a particular industry is the state statute and in this case the statutes that were recognized in the article would be the standard for medical training needed in that occupation.
The article did miss several dozen state statutes requiring first aid training for guides and outfitters, as well as all federal requirements. Most states put first aid requirements into specific statutes affecting a specific activity. As an example Colorado has no state statute requiring first aid training for outfitters and guides, but the state has no state statutes for outfitters and guides. Colorado does have a statute controlling the first aid requirements for whitewater outfitters and guides. C.R.S. §§ 33-32-105.5 that requires a standard first aid card to work on a river. Colorado horse packer’s statute C.R.S. §§ 12-55.5-103.5 have a similar requirement.
Various state and federal land managers have specific first aid requirements for permittees or concessionaires working on state or federal land. This varies by land manager and the type of service being offered.
The article mentioned the marketing term “wilderness first responder” (WFR) which is not recognized by any state or federal agency as a first aid course. Many state Good Samaritan laws provide coverage for first aid based on the provider of the first aid training. No state Good Samaritan law recognizes WFR or WFR providers as providing training that would be protected by the Good Samaritan law. See Connecticut C.G.S. § 52-557(h) or Illinois I.C.S.A § 745 ILCS 49/67.
Many state statutes require the regulatory agency to specify the first aid training required. Fishing guides in California pursuant to Fish & G Code § 2542 specifies the agency shall prescribe the first aid training required of guides. Maine requires a first aid training M.R.S. § 12853 but leaves the level of training to the regulatory agency with a different level of first aid training for trip leaders M.R.S. § 12860.
Statutes once enacted are difficult to change so many of the statutes requiring first aid training are out of date. Worse are those that specify the items to be in first aid kits. California Gen Ed § 32043 requires a snakebite kit on field trips for some school outings.
There are three agencies chartered by the Federal Government to provide first aid training: The Boy Scouts of America, the American Red Cross and the National Ski Patrol. All three organizations provide training that is recognized by all states as for protection under state Good Samaritan acts recognized by all states and the federal government as first aid training providers.
Litigation that claims the first aid care is rare when brought against outfitters and guides. Litigation against search and rescue groups and volunteers is growing. In both cases the claim that the first aid care was negligent was combined with other claims. Both groups need to be protected in any additional studies done to determine what training is appropriate or necessary.
I agree with Dr. Forgey’s editorial that the issue needs to be reexamined. But instead of a chart of what is being doing, I would strongly urge any study to look at best practices for the industry with an eye to the ever changing future. Instead of listing the standard, which will then allow plaintiff’s to gauge their lawsuits and start advertising for them or the minimums which would guaranty a loss by a defendant the study should look at what is being done and what might work.
More importantly as the article relates too in the beginning and Dr. Forgey mentions is a study of what really occurs and that can be resolved with basic first aid. What can first aid supplies be reasonable carried by a group, what can be used with the knowledge that can be retained by the group and what is actually effective in the outdoors when miles or hours from EMS. The desire to stop litigation is leading groups to wildly divergent and in many cases ridiculous results. One Texas University outdoor program was told to carry AED’s on their wilderness backpacking trips. Another example is the use of helmets in whitewater rafting; an industry that prior to the use of helmets never had a reported head injury. Colorado, West Virginia and California have not received a report of a head injury that a helmet would protect in a whitewater rafting. This would assist outfitters and guides as well as state and federal land management agencies in determining what is really possible and therefore needed. It might also reduce the desire to teach and or carry prescription drugs because of the effectiveness at a distance from EMS and consequently take pressure off physicians to prescribe these drugs in violation of the law or their medmal insurance carrier.
What we need is realistic analysis and study of what is possible and plausible in a wilderness setting. What will save a life and what won’t, what should be done and what is a waste of time. That study should be labeled in such a way as to not create the basis for injured participants to start litigation.
Sincerely,
James H. Moss
Cc Wm Forgey, MD

