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The ASTM is voting on new terminology for terrain park jumps.

If you manage a ski area or work in the terrain park you MUST know about these changes.

The easiest way to get them is to become a member of the ASTM. The cost is only $75.00 per year to get involved. Although this may seem a little like ransom, it costs to find out how you are going to be affected, look at it from the perspective of it costs $75.00 to become involved and help your industry.

The only way you can access the information or vote is to be a member of the ASTM.

If you don’t the consequences could be dire.

The new description of a terrain park jump identifies twenty (20) different parks of a jump. If you are describing a jump on the
witness stand, you want to make sure that the term you use to describe a part of the jump is fully understood and defined to all the people involved.

The vote on these changes ends August 31, 2017 so get involved now:  Terminology Of Snow Sport Freestyle Terrain Park Jumps WK51845 PDF (368K)

Do Something

If you are in the ski industry, join the ASTM now!

What do you think? Leave a comment.

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ASTM standard I abstained on is a guaranteed lawsuit starter

I’m hurt because you did not check the weather correctly!

So this is the new standard that I was asked to vote on recently.

Withdraw With Replacement to F2993-2013 Guide for Monitoring Weather Conditions for Safe Parasail Operation WK47376 PDF (8.0K)

(SEE VOLUME 15.7)(CONCURRENT WITH .6500)

TECHNICAL CONTACT: Matt Dvorak

daytonaparasailing@hotmail.com

(386) 547-6067

When I don’t fully understand the issues or have not seen the actual standard (yes it is a little crazy trying to read what you are voting on sometimes) I abstain. I did so on this standard also.

Besides voting against a standard requires you to articulate the reasons why you are voting no on the standard. “This is stupid,” is not a good reason according to the ASTM. Nor is “this is going to help plaintiff’s win lawsuits” a valid reason for voting no.

However, can’t you see this doing nothing but creating legal nightmares.

“You said you checked the weather, and you said to launch, but the wind changed because a front moved/truck came by/that is what the wind does, and I crashed. You owed me a duty to check the weather; that duty is in writing, and you agreed to it by becoming a member of the ASTM and agreeing to the standard (or not agreeing to the standard; you are still held to the standard), and my injuries are a result of you not following the standard.”

Duh

Somewhere, the ASTM, there is an idea that the creation of standards stops lawsuits, but even the ASTM can’t show any proof of that.

What do you think? Leave a comment.

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ANSI, ASTM, PRCA, ACCT & NSAA a mess of acronyms that are fighting each other, taking your industry down and wasting money.

 How much money could have been put into promoting the industry,educating the members and creating great opportunities? Millions I bet.

 The PRCA, (Professional Ropes Course Association) recently announced that they had received approval from ANSI (American National Standards Institute) for its ropes or challenge course standards. The ACCT (Association for Challenge Course Technology) has appealed the issuance of the approval. (See ANSI/PRCA American National Standard).Wasting more time and money, in my opinion.

 In the meantime, the NSAA (National Ski Area Association) received ASTM (American Society of Testing and Materials) approval for their standards. See ASTM Committee Approves Standard For Aerial Adventure Courses

 I have no horses in this race; I have nothing to gain and more to lose with these comments. However, someone has to put it out there again, because the amount of money being wasted is ridiculous. So here goes…..again. (For a prior commentary about this feud see Stop Feuding, I doubt, move forward anyway; I think you can.)

 

 What’s it all mean?

First the “standards” granting organizations.

 ANSI “allows” organizations that meet its requirements to become standards granting organizations. One such organization is the ASTM. However, just because ASTM is granted the “opportunity” to create standards under the ANSI banner it does not mean that ANSI standards are better, more important or more controlling than ASTM.

 ACCT was started 19 years ago to write standards. However, in my opinion, it was more of a good buddy club and the creation of the standards did not follow any known or legally acceptable way of creating them. PRCA was started in 2003 because ACCT would not let them be the “whatever name” to do something with ropes courses or something. Honestly, I’m not 100% clear on this, and I don’t really care.

NSAA is 52 years old and has been working with ANSI and ASTM for decades. The standards for operating ski lifts are ANSI standards and the standards for the rest of the ski industry such as skis, bindings, etc., are ASTM standards. NSAA has one employee who knows more about ANSI and ASTM than I would ever want to know, and consequently, they are fast efficient and done right.

I am a member of the ASTM and on the standards committee for ropes courses, but not active and have not voted for any of the NSAAASTM, standards.

Still with me or have all the acronyms done you in.

Current Status

Right now, there are two organizations that have created standards for the ropes’ course industry, PRCA and NSAAthat follow the procedures and practice’s generally accepted in court for proof of standards by an organization. NSAA has opted to write its standards through the ASTM and the PRCA through ANSI.

ACCT is left out of the mix right now, so that organization is fighting PRCA’s ANSI standards. However, what I find comical, and indicative of the reasons for much of the wasted money in the industry, the ACCT has ignored the NSAA. (PRCA also for that matter.)

Speculation here, but don’t you think that if ACCT seriously thought only its standards were acceptable they would be appealing the NSAA’s standards created under the ASTM.

This leads me to believe that the appeal of the PRCA’s ANSI standards has nothing to do with the standards, just with the PRCA. (This is the third appeal of the PRCA’s ANSI standards; the ACCT lost the first two.)

By that I mean there is more bad blood here than in a blood bank with no power for a month.

So Legally what does that Mean?

Standards are the lowest acceptable level of doing something, which is presented in court to prove someone either met the standard or did not meet the standard of care. The standard of care is the measurement against which the jury determines whether you had a duty and then breached that duty to someone.

If you own a ropes course and someone is injured on the ropes course, the plaintiff now has several different ways to prove that you were negligent (breached the standard of care). Meaning your ropes course was not built correctly, or you operated the course incorrectly.)

First, there are the ACCT standards; however, those can easily be ignored at this point because they have not been approved by either the ANSI or the ASTM. The ACCT standards are getting better, I’ve been told, but basically, they were created in a way that creates credibility issues. That does not mean that they can’t be a way to prove you are negligent.

So now the plaintiff can argue that you failed to meet the PRCA or NSAA standards. If there is a conflict between the two, then the plaintiff has found the stick to beat more money out of you and your insurance company. (And the last thing this industry needs is a way to give more money away. (See: Payouts in Outdoor Recreation.)

Legal Advice (worth what you pay for it)

If you came to me and asked for advice about this situation this is what I recommend.

1.   Today, get a copy of the PRCA and NSAA (ANSI and ASTM) standards and make sure you meet those standards. Yes, both sets. If there is a conflict between the two, justify why you have adopted one over the other in writing now, prior to a problem.

2.   Every year have someone new come see your course. They don’t have to have some designation on their wall, unless it says architect or engineer (see below!). They should have experience to look at your course and your operation and make sure you are not making mistakes. Maybe trade off. You go to their course, and they come to your course.

a.   Don’t have them give you a report, which is just proof you are negligent.

b.   Don’t tell them why you do something, unless they ask.

c.   Listen, listen to everything they suggest, ask questions and then see what you need to do.

3.   Every couple of years have an engineer, architect, or contractor came out and look at your course. These are the people who know how courses should be built and have the education and experience to make sure it was built correctly and is still holding together.

a.   Someone with 12 years in the industry may be able to tell you the testing strength of a bolt and whether the bolt and whatever it is attached to are working still. However, that knowledge is defeated with a degree from a college that says engineer or architect.

Pay attention, (If nothing else for the laughs.) and make sure you know what is going on because you as a ropes course owner or manager are the person that is going to take the beatings and suffer the most when the organizations created to support you spend your money fighting each other.

Good luck.

If nothing else I should get a plug for explaining all the acronyms in the industry!

For more articles on Ropes Courses see:

 $400,000 challenge course settlement for shattered ankle     http://rec-law.us/1lk77Q7

 Architects, Engineers and Recreation, we need the first two, to be successful in the second     http://rec-law.us/1gOSNeT

 Assumption of the risk is used to defeat a claim for injuries on a ropes course       http://rec-law.us/SDZlBt

 Based on the article yes there was going to be a lawsuit         http://rec-law.us/16JD0p3

 Plaintiff raised argument in work/team building situation that they were forced to sign release  http://rec-law.us/XiKRug

 Plaintiff uses standards of ACCT to cost defendant $4.7 million       http://rec-law.us/11UdbEn

 Sad, Arizona school insurance no longer covering ropes courses.               http://rec-law.us/1m5AhAN

 The standard of care for a ropes or challenge course changes based on who is running it and who is using it (30)                                                                                       http://rec-law.us/L2tupe

 When did journalism turn from telling a good factual story to trying to place blame for an accident?            http://rec-law.us/1cNrxMv

 What do you think? Leave a comment.

 If you like this let your friends know or post it on FB, Twitter or LinkedIn

 Copyright 2014 Recreation Law (720) 334-8529

 

 

 

 

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If you throw a throwbag incorrectly (yes there is now a right way and wrong way) that can be used to sue you. It used to be the correct way was the swimmer got the rope; incorrect way swimmer missed the rope.

Yo! Raft guides, ever been sued? New ASTM standard will now make that possible!

Well meaning, hardworking volunteers have no idea how they are helping to create lawsuits but here is the perfect example.

ASTM F1730 – 96(2014)

Standard Guide for Throwing a Water Rescue Throwbag

Active Standard ASTM F1730 | Developed by Subcommittee: F32.02

Book of Standards Volume:13.02

Here is how this standard is explained.

Significance and Use

3.1 This guide establishes a recommended procedure for a throwing rescue to ensure the safety of all water rescuers who may be involved in rescue techniques at a water rescue emergency.

3.2 This water rescue technique can be utilized from land, boat, or any stable platform.

3.3 All persons who are identified as water rescuers shall meet the requirements of this guide.

3.4 This guide is intended to assist government agencies, state, local, and regional organizations; fire departments; rescue teams and others who are responsible for establishing a minimum performance for personnel who respond to water emergencies.

3.5 The procedure outlined in the document may vary with the number and type of victims, and water conditions.

1. Scope

1.1 This guide covers the recommended procedures for throwing a water rescue throwbag.

1.2 This guide is one in a series of water rescue techniques for the water rescuer.

1.3 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.

Does this apply to raft guides? I would say yes.

Is a raft guide a “water rescuer” who may be involved in rescue techniques at a water rescue emergency.” If so you have to meet the requirements of this guide.

Do you know the name of a group of people who meet this definition? “…others who are responsible for establishing a minimum performance for personnel….” They are called a jury.

Let’s see how this is a messed up idea.

You were a high school quarterback with a good arm. You can throw a throwbag just like a football with great accuracy.

You are right-handed and standing on shore next to a rock wall. There is not room to throw the throwbag underhanded.

You are on a 12’ raft in the Royal Gorge on the Arkansas River. Does the definition of 3.2, which describes a boat as stable apply to you? Since your boat is not stable should you knot use your throwbag? Are you allowed to throw any way you can, if you are not stable?

Seriously, why is someone writing these things? Can’t they see how broadly this is written and how much damage it will do?

Look, someone is in the river it doesn’t matter if you are throwing the bag backwards, blindfolded standing on one leg in a pink tutu. If you get the rope to the swimmer, that was the correct way!!!

 

What do you think? Leave a comment.

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A climbing wall or a rope’s course are structures. The components already have ASTM standards the sole issue is whether or not they were put together properly.

Operations need special reviews, but the structure is nothing that different from the building it is in or close too.

I’m always asked to recommend a person to check out a ropes course or a climbing wall. These people are looking for someone who may be self-appointed, maybe knowledgeable, (or maybe not) a person who makes a living check these.

I rarely refer them to someone with that title in the industry. I first ask them if a local contractor or engineer as ever looked at their course.

The structures have a different purpose than the carpenter or engineers are used to, but the construction should not be.

We keep forgetting that climbing walls and rope’s courses are just structures no different from a building.  Each of the components has an ASTM standard. An Engineer or contractor can check to see if it was constructed properly and what needs to be done to get it up to speed.

We forget that the foundation of any building or anything attacked to the building is engineering.

By whom and how often should you have your course inspected?

Any time you feel insecure about your course or wall or your insurance company requires it.

Who should inspect your course or wall?

An engineer or contract should inspect your course at least every couple of years or as the engineer or contractor tells you. You can bring in someone with the industry credentials in the other years or with them. You can have someone come in and look at your operation anytime.

I tell my clients to find another operator and trade days. Go check out their course on one day and have them check out your course on another day. That will spot issues you may have, and you probably will learn some new ideas. No use having “inspectors” only who knows new ways of doing things.

I would suspect that if you are part of a larger organization, a college, university or camp that the company or college engineer will tell you when and how often they want the structure inspected.

A bolt is a bolt, whether it holds up a wall or a climbing wall.

What do you think? Leave a comment.

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By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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Stop Feuding, I doubt, move forward anyway, I think you can.

The Challenge/Ropes Course Industry is still fighting after all these years……it is a very sad song.

The challenge course, or as it was known in its beginning, the ropes’ course industry, is still setting itself up to be sued, successfully sued. My calculations show they have had judgments and settlements in excess of $5.1 million. See Payouts in Outdoor Recreation. Not included in those calculations are another $3.1 million that I learned of that was a settlement this past summer (2011). In 10 years, the industry has had $8.2 million in pay outs based upon my research. Who knows how much more has been paid that is confidential settlements or judgments I can’t find.

In my opinion, a major part of the problem is standards. Which is probably why they are losing these suits and why the industry is a mess?

There are two separate groups writing standards for the industry. Neither of those groups is part of the ASTM, both are trying to become ANSI standard setting organizations.

Standards for things; bolts, screws, wood, concrete are already done by the ASTM.  Those are great standards, created correctly and are needed by this industry. Those standards are always going to trump anything the ropes’ course industry does. Consequently, ignoring that is a joke. For things (anything without a personality) refer to and adopt the ASTM standards.

Any standard that recreates or redoes the standards established by the ASTM is 1) a waste of time and 2) only a way to create litigation. The ASTM standard is going to be controlling. If the standard created by an industry association is lower than the ASTM standard or even different, the standard will be violated because the ASTM will be controlling.

For any cables/wire, the European standards for ski lifts control. Those standards on wire have been around for almost 100 years and are great. Again, this is a monster waste of time and energy to create something that does not matter.

For people, get rid of those standards. People make mistakes, not concrete. If it can make a mistake, dump the standard attached to it. For more on this issue see Trade Association Standards sink a Summer Camp when a plaintiff uses them to prove Camp was negligent, Expert Witness Report: ACA “Standards” are used by Expert for the Plaintiff in a lawsuit against a Camp, and ACA “Standards” are used by Expert for the Plaintiff in a lawsuit against a Camp

Here is what the National Ski Area Association says about standards: See NSAA and standards. Understand that the lifts have standards but the ski areas do not. The NSAA is like 99% of the rest of the trade associations in the world; they know that writing standards is a legal nightmare.

What you should do.

If you are part of the ropes’ course industry, you need to protect yourself from the problems created by these dual standards. Get both sets of standards and create reasons why you are not following specific ones. That way in advance, you protect yourself. Be specific, not just it does not apply and do not use the word money or cost unless you can show a better way that may be cheaper.

Resolution of the issues for the Standards

There are several options on how to resolve the problem.

1.     One group can get to the ANSI, finish up and have “standards.” However, this will only work if the other group, then drops its standards. One group has indicated they will not. Can you think of this getting any worse that would occur?

2.     Eliminate both sets of “standards” and start gain from scratch. Go to the ASTM and set up a committee to set up standards and adopt all the ASTM ones that are done. What is left can be written at that point. I suspect that will be a short piece of paper.

I believe this alternative has the best legal benefits.

3.     Find six people who are not vested in winning. It is too small of a job for anything less, and I don’t think you can find eight impartial people with respect to the groups.  They should go through each standard and write down the best one and move on. I would give them standards that are not identified as to who created which ones. All they are working with is words on paper, not logos or IDs.

If you want to see where standards can go too far read this article:  Playgrounds will be flat soon. No city can meet the playground standards with the current budgets they have to work with.

Do Something

If you are part of this industry, good luck. There are a lot of great people in the industry; however,  a lot of them have drunk the cool-aid from one group or another and cannot see past their respective “turf.”

Until the standards for operations are gone and there is only one set of standards for the industry, it will be a plaintiff’s playground.

What do you think? Leave a comment.

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