Tougher Rules Drafted on Theme Park Injuries

Consumer advocates scored a victory in their ongoing fight for greater amusement park oversight with new draft regulations that broaden the requirements for reporting injuries that occur at the parks.

Defining which injuries must be reported to the state has been one of the most controversial aspects of the new law, which also requires routine state inspections of amusement park rides. The law was signed by Gov. Gray Davis more than a year ago, but cannot be enforced until the regulations are adopted. However, amusement parks say they have been reporting injuries since the law was passed.

At an emotional public hearing in Oakland last month, consumer advocates--mostly mothers of children killed or injured at amusement parks--argued against a draft that included a so-called “laundry list” of injuries such as permanent disfigurement, concussions and loss of consciousness.

They feared that list did not include the most common ride-related injuries and would limit the safety data available.

The new definition is broader and requires parks to report accidents that result in death or “injury requiring medical service other than ordinary first aid.”

“Overall, I’m happy. All that the consumers are looking for is an honest accounting: If you know of something, tell us,” said La Jolla resident Kathy Fackler, whose son was injured in 1998 on Disneyland’s Big Thunder Mountain Railroad roller coaster.

Attorney Boyd Jensen, who often represents amusement park interests, said he doesn’t understand the controversy.

“I just don’t think that’s the main issue,” Jensen said. “I have never seen any evidence that reporting injuries is going to make rides safer. Inspections by qualified people . . . will make rides safer.”

State officials with the Division of Occupational Safety and Health, the agency charged with amusement park oversight, said they revised the draft after listening to comments from Fackler and other advocates.

State Sen.-elect Tom Torlakson (D-Antioch), who sponsored the legislation when he was an assemblyman, also spoke at the Oakland hearing and argued that the first formal draft was not in line with what he intended in the law.

The reporting of serious injuries is considered an important part of the bill so that consumers can find out about a ride’s safety record and so that the state can determine whether certain rides or types of rides seem to have systemic safety problems.

Industry officials have made little or no comment about the changes, but have until Dec. 22 to submit a written response. If there are no significant modifications, the regulations can be adopted by the state.