Relates to amusement devices, attraction safety and inspection awareness; provides for the establishment of a publicly accessible website to provide awareness of the licensing and safety history of any amusement devices and attractions licensed in this state.
TITLE OF BILL: An act to amend the labor law, in relation to amusement device and attraction awareness
PURPOSE: To provide the public access to an amusement device or attraction's safety and licensing history.
SUMMARY OF PROVISIONS: Section 1. Already-required safety notices on amusement devices and attractions would also have to display the electronic address of a website that allows the public to browse the safety and licensing history of individual rides.
Section 2. Specifies the kind of information to be included by the Department of Labor on their safety and licensing website.
Section 3. Enacting clause.
EXISTING LAW: Currently, an amusement device or attraction's licensing and safety history is not readily accessible to the public.
JUSTIFICATION: The Department of Labor's Division of Safety and Health is responsible for the licensing and inspection of all amusement devices and attractions operating in New York State. The Division maintains an overall impressive safety record, protecting county fair, amusement park and carnival visitors alike. However, a number of high-profile accidents and tragedies over the years have brought to light serious oversights with the licensing and safety inspection process: much of the information used to determine a ride's fitness for public use is not available to the public it is meant to protect.
This legislation directs the Department of Labor to make available consumer-relevant safety and licensing information through a publicly accessible website. The information required to be posted would include the annual licensing inspection report, any reported accidents, and any issued violations and fines, as well as the criteria used by Department officials to deem an amusement device safe for use. Over the past three years, the Division of Safety and Health has maintained electronic records of all of this information, but without opening it to public scrutiny.
This bill would require that the Department share this information with any individuals who may be concerned about the safety history of a ride. When families visit amusement parks, carnivals or county fairs, they essentially put their lives into the hands of the park operator, who they must trust to be safe, responsible, law-abiding. This legislation gives consumers the ability to make that determination for themselves.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the two hundred fortieth day of being signed into law, except that any rule or regulation necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 5868 2011-2012 Regular Sessions IN SENATE July 27, 2011 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the labor law, in relation to amusement device and attraction awareness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 870-o of the labor law, as added by chapter 367 of the laws of 2006, is amended to read as follows: S 870-o. Amusement device and attraction awareness. The department shall develop, establish and implement, in cooperation with the carni- val, fair and amusement park safety advisory board established in section eight hundred seventy-n of this article, a program to educate and provide awareness to the public on the risks of amusement devices and attractions to both adults and children, and how adults can take steps to assure their own safety and the safety of children in their care. The program established pursuant to this section shall provide and disseminate guidelines for safety while riding or using amusement devices or attractions by adults, adolescents and children. Such program shall utilize written information provided to the public
[and]THROUGH the posting of conspicuous signs at carnivals, fairs and amusement parks, as required by law or regulation AS WELL AS THROUGH THE CREATION OF A PUBLICLY ACCESSIBLE WEBSITE AS DEFINED IN SECTION EIGHT HUNDRED SEVENTY-P OF THIS ARTICLE, THE ELECTRONIC ADDRESS OF WHICH SHALL ALSO BE POSTED. S 2. The labor law is amended by adding a new section 870-p to read as follows: S 870-P. AMUSEMENT DEVICE AND ATTRACTION SAFETY AND INSPECTION AWARE- NESS. THE DEPARTMENT SHALL DEVELOP, ESTABLISH AND IMPLEMENT, IN COOPER- ATION WITH THE CARNIVAL, FAIR AND AMUSEMENT PARK SAFETY ADVISORY BOARD ESTABLISHED IN SECTION EIGHT HUNDRED SEVENTY-N OF THIS ARTICLE, A PUBLICLY ACCESSIBLE WEBSITE TO PROVIDE AWARENESS TO THE PUBLIC OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13269-01-1 S. 5868 2
LICENSING AND SAFETY HISTORY OF ANY AMUSEMENT DEVICES AND ATTRACTIONS LICENSED IN THE STATE. SAID WEBSITE SHALL CONTAIN THE DATE OF ANY SAFETY INSPECTIONS, THE DATE OF SUBMISSION OF AN APPLICATION FOR AN AMUSEMENT DEVICE, DETAILED CRITERIA USED TO DETERMINE THE APPROVAL OF SAID APPLI- CATION, A SUMMARY OR THE FULL TEXT OF THE VISITING INSPECTOR'S REPORT, ANY ISSUED FINES OR VIOLATIONS FOR AN AMUSEMENT DEVICE OR ATTRACTION OPERATOR, DATE AND PROOF OF PAYMENT OR REDRESS OF ANY FINES OR VIOLATIONS, A HISTORY OF ANY REPORTED ACCIDENTS OR INJURIES IN CONNECTION TO THE AMUSEMENT DEVICE OR ATTRACTION, AND THE FULL TEXT OF THE FINDINGS OF ANY INVESTIGATIONS CONDUCTED OR ORGANIZED BY THE DEPART- MENT IN RELATION TO ANY REPORTED INFRACTION, ACCIDENT OR INJURY. ANY SUCH INFORMATION SHALL BE POSTED TO THE WEBSITE WITHIN SIXTY DAYS OF ITS APPROVAL WITHIN THE DEPARTMENT. S 3. This act shall take effect on the two hundred fortieth day after it shall have become a law, provided, however, that any rule or regu- lation necessary for the timely implementation of this act on its effec- tive date shall be promulgated on or before such date.