Oklahoma amusement ride safety laws : 40 O.S. [sec.] 460, et seq. Administrative rules : OAC380:55.

              Oklahoma Department of Labor
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Oklahoma Amusement Ride
Safety Laws
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40 O.S. § 460, et seq.
�Administrative Rules
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OAC 380:55
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2011 Edition
Mark Costello
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Commissioner of Labor
This publication is issued by the Oklahoma Department of Labor as authorized by Commissioner Mark Costello. Copies have not been printed but are available through the agency website. The publisher of this booklet does not warrant the correctness of the information contained in this booklet. The “official”version of the Oklahoma Statutes are available from the authorized publisher per Oklahoma state law and the “official” version of the Administrative Rules must be obtained from the Office of Administrative Rules, Oklahoma Secretary of State, 405-521-4911, www.sos.state.ok.us. TABLE OF CONTENTS AMUSEMENT RIDE SAFETY LAWS
SEC 460
RULES AND REGULATIONS 2
SEC 460.1
RULES FOR DEFINITION OF "ALTERATION" 2
SEC 460.2
RULES REGARDING AMUSEMENT RIDE MAINTENANCE,
INSPECTION, AND REPAIR RECORDS 2
SEC 460.3
RULES REGARDING USE OF SIGNAGE -DEFINITION OF SIGN 2
SEC 460.4
RULES REGARDING USE OF AMUSEMENT RIDES BY RIDERS ­DEFINITION
OF "RIDER" 3
SEC 461
DEFINITIONS 4
SEC 462
CERTIFICATE OF INSPECTION -INSPECTIONS 4
SEC 463
FEES -CERTIFICATION OF RIDES -CERTIFICATE OF INSURANCE 5
SEC 464
NOTICE OF ERECTION OF RIDE OR ADDITIONS OR ALTERATIONS 5
SEC 465
TEMPORARY CESSATION OF RIDE -ORDERS -ENFORCEMENT 6
SEC 466
MODIFICATION OF RULES AND REGULATIONS -GROUNDS 6
SEC 467
LIABILITY INSURANCE 6
SEC 468
POLITICAL SUBDIVISIONS -REGULATION OF RIDES -INSPECTIONS 6
SEC 469
VIOLATIONS -PENALTIES 7
SEC 471
CERTIFICATION OF AMUSEMENT RIDE OPERATORS -RULES
[REVOKED] 7
SEC 472
DEFINITIONS -TRAINING -DRUG AND ALCOHOL TESTING 7
SEC 473
VOIDS RULES PROMULGATED PURSUANT TO 40 O.S. 471 9
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§ 460. Rules and regulations
The Commissioner of Labor shall promulgate rules and regulations for the safe installation, repair, maintenance, use, operation and inspection of all amusement rides necessaryfor the protection of the general public using amusement rides.
§ 460.1. Rules for definition of “alteration”
A. Pursuant to the authority granted to the Commission of Labor under Section 460 of Title 40 of the Oklahoma Statutes to promulgate rules for the safe installation, repair, maintenance, use, operation, and inspection of all amusement rides necessary for the protection of the general public using amusement rides, the Commissioner of Labor shall promulgate rules regarding the definition of alteration.
B. Rules promulgated pursuant to subsection A of this section shall include the following language:
“Alteration” means anychange in either the structural or operational characteristics of the amusement ride which will alter its performance from that specified in the design criteria of the manufacturer.
§ 460.2. Rules regarding amusement ride maintenance, inspection, and repair records
A. Pursuant to the authority granted to the Commissioner of Labor under Section 460 of Title 40 of the Oklahoma Statutes to promulgate rules for the safe installation, repair, maintenance, use, operation, and inspection of all amusement rides necessary for the protection of the general public using amusement rides, the Commissioner of Labor shall promulgate rules regarding amusement ride maintenance, inspection, and repair records.
B. Rules promulgated pursuant to subsection A of this section shall include the following language: The owner of an amusement ride shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in the manner provided by the Commissioner of Labor. The records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.
§ 460.3 Rules regarding use of signage — Definition of sign
A. Pursuant to the authority granted to the Commissioner of Labor under Section 460 of Title 40 of the Oklahoma Statutes to promulgate rules for the safe installation, repair, maintenance, use operation, and inspection of all amusement rides necessary for the protection of the general public using amusement rides, the Commissioner of Labor shall promulgate rules regarding the use of signage concerning amusement rides.
B. Rules promulgated pursuant to subsection A of this section shall include the following language:
1. An amusement ride owner shall display signs indicating the applicable safety responsibilities of riders as set forth by the Commissioner of Labor and the location of stations to report injuries. The signs must be located at:
a.
each station for reporting an injury,
b.
each first aid station, and
c.
at each premises entrance and exit;
2. An amusement ride owner shall post a sign at each amusement ride that includes:
a.
operational instruction, if any,
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b.
safety guidelines for rider, if any,
c.
restrictions of the use of the amusement ride, if any,
d.
behavior or activities that are prohibited, if any, and
e.
a legend providing that “State law requires riders to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injuring themselves or others. Failure to comply is punishable by fine or imprisonment.”;
3.
Any sign required by this rule must be prominently displayed at a conspicuous location, clearly visible to the public and bold and legible in design; and
4.
As used in the rule “sign” means any symbol or language reasonable calculated to communicate information to a rider, the parent, or guardian of a rider, including placards, prerecorded messages, live public address, stickers, pictures, video, verbal information, and visual signals.
§ 460.4 Rules regarding use of amusement rides by riders — Definition of “rider”
A. Pursuant to the authority granted to the Commissioner of Labor under Section 460 of Title 40 of the Oklahoma Statutes to promulgate rules for the safe installation, repair, maintenance, use operation, and inspection of all amusement rides necessary for the protection of the general public using amusement rides, the Commissioner of Labor shall promulgate rules regarding the use of amusement rides by riders.
B. Rules promulgated pursuant to subsection A of this section shall include the following language:
1. A rider shall:
a.
obey the reasonable safety rules posted in accordance with law and oral instructions for an amusement ride issued by the owner or the employee of the owner, unless:
(1)
the safety rules are contrary to law or rules, or
(2)
the oral instructions are contrary to the law or rules or the safety rules, and
b.
refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(1)
exceeding the limits of ability of rider,
(2)
interfering with safe operation of the amusement ride,
(3)
not engaging any safety devices that are provided,
(4)
disconnecting or disabling a safety device except at the express instruction of the ride operator,
(5)
altering or enhancing the intended speed, course, or direction of an amusement ride,
(6)
using the controls of an amusement ride designed solely to be operated by the ride operator,
(7)
extending arms and legs beyond the carrier or seating area except at the express direction of the ride operator,
(8)
throwing, dropping, or expelling an object from or toward an amusement ride except as permitted by the ride operator,
(9)
getting on or off an amusement ride except at the designated time and area, if any, at the direction of the ride operator or in an emergency, and
(10)
not reasonably controlling the speed or direction of the person of the rider or an amusement ride that requires the rider to control or direct the person of the rider or a device;
2. A rider may not get on or attempt to get on an amusement ride unless the rider or the parent or guardian of the rider reasonably determines that the rider:
a. has sufficient knowledge to use, get on, and get off the amusement ride safely
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without instruction or has requested and received before getting on the ride sufficient information to get on, use and get off safely,
b.
has located, reviewed, and understood any signs in the vicinity of the ride and has satisfied any posted height, medical, or other restrictions,
c.
knows the range and limits of the ability of the rider and knows the requirements of the amusement ride will not exceed those limits,
d.
is not under the influence of alcohol or any drug that affects the ability of the rider to safely use the amusement ride or obey the posted rules or oral instructions, and
e.
is authorized by the amusement ride owner or the authorized employee of the amusement ride owner to get on the amusement ride; and
3. As used in this rule, “rider” means any person who is:
a.
waiting in the immediate vicinity to get on an amusement ride,
b.
getting on an amusement ride,
c.
using an amusement ride,
d.
getting off an amusement ride, or
e.
leaving an amusement ride and still in its immediate vicinity.
§ 461. Definitions
As used in Sections 460 through 469 of this title:
1.
"Amusement ride" means a device or combination of devices or elements that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment. Amusement ride includes any amusement park device that uses treated water as the means of transportation, including the structure and water quality of the device. Amusement ride does not include the operation of articles of husbandry incidental to any agricultural operation or the operation of amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders;
2.
"Operator" or "owner" means a person who owns or controls or has the duty to control the operation of an amusement ride and includes the state and every state agency, and each county, city and all private or public corporations and political subdivisions;
3.
"Certificate of inspection" means a certificate issued by the Commissioner of Labor which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the Department of Labor; and
4.
"Permanent amusement park ride" means an amusement ride which is stationary or cannot be easily moved and which is located on the same premises on which it is operated for no less than ninety (90) days.
§ 462. Certificate of inspection -Inspections
A. No person shall operate an amusement ride without a certificate of inspection. On or before March 1 of each year, an operator or owner shall apply for a certificate of inspection on a form furnished by the Commissioner of Labor.
B. All amusement rides shall be inspected before they are originally put into operation for the use of the public, and thereafter, at least once each calendar year, unless authorized to operate under a temporary certificate. Amusement rides must also be inspected each time they are disassembled and reassembled.
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C. The owner or operator may make application to the Commissioner for less frequent inspections than are required under subsection B of this section. The Commissioner, upon investigation and/or hearing of the matter, may grant a waiver, provided equal public safety is maintained. Such waiver shall provide specific requirements for inspection in lieu of the requirements of subsection B of this section. The Commissioner shall promulgate rules for the determination of a waiver provided such rules place an affirmative responsibility on the owner/operator for the preservation of public safety.
D. The Commissioner of Labor may cause the inspection herein provided for to be made by his safety inspectors or by any qualified amusement ride inspector employed by an insurance company.
E. If, after inspection, an amusement ride is found to comply with the rules and regulations of the Commissioner of Labor, the Commissioner of Labor shall issue a certificate of inspection which shall authorize the operator or owner to operate the rides.
§ 463. Fees -Certificate of rides -Certificate of Insurance
A. No fees shall be charged to public agencies. The fees provided for in this subsection shall not apply to amusement parks owned and operated by nonprofit corporations.
1.
The annual ride registration fee shall be: $25.00
2.
The inspection fee shall be:
a.
Kiddie Rides $25.00
b.
Major Rides $50.00
c.
Other Rides per hour $100.00
B. The Commissioner of Labor shall not issue an original certificate of inspection for an amusement ride until he receives certification in writing that such amusement rides meet the requirements established by the Commissioner of Labor for amusement rides. The Commissioner of Labor shall designate by rule and regulation pursuant to Section 460 of this title the qualifications of the inspectors making the inspections required by this section.
C. Any permanent amusement park ride owner or operator shall file a copy of a certificate of insurance with the Commissioner of Labor on or before February 1 of each year. Such certificate of insurance shall be in such form as to reflect the safety inspection requirements for obtaining such insurance and the date of the last inspection. The amount of the premium and the amount of coverage shall not be required to be disclosed in the certificate.
The Commissioner may accept such certificate and insurance inspection as evidence sufficient to issue a certificate of inspection for the permanent amusement park ride.
D. The Governing Board of the State Fair of Oklahoma, the Tulsa State Fair, and the Muskogee State Fair shall file a copy of a certificate of insurance with the Commissioner of Labor before the rides are put into operation at each location for the use of the public. Such certificates shall be in such form as to reflect the safety inspection requirements for obtaining such insurance and the date of the inspection.
The Commissioner may accept such insurance inspection as evidence sufficient to issue a certificate of inspection for the rides.
§ 464. Notice of erection of ride or additions or alterations
Before a new amusement ride is erected, or whenever any additions or alterations are made which change
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the structure, mechanism, classification or capacity of any amusement ride, the operator or owner shall file with the Commissioner of Labor a notice of his intention and any plans or diagrams requested by the Commissioner of Labor.
§ 465. Temporary cessation of ride -Orders -Enforcement
A. The Commissioner of Labor may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner of Labor. The Commissioner of Labor or his authorized inspector may inspect any amusement ride without notice.
B. In addition to other powers confirmed by this act, the Commissioner or his authorized representative shall have power to order any person, firm, corporation, corporate officers, trustees or any managing official of any municipal corporation, state agency or political subdivision to cease violating any provision of this act, or rule or regulations issued pursuant to this act. A certified copy of such order shall be mailed to the person or entity so violating the provisions of this act.
C. Any order issued by the Commissioner or his authorized representative may be enforced in the district court in an action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. Provided further, an injunction, without bond, may be granted by the district court to the Commissioner, for the purpose of enforcing this act.
§ 466. Modification of rules and regulations -Grounds
The Commissioner of Labor may modify the application of rules or regulations to an operator who demonstrates a hardship resulting from such application if the public safety will remain secure. Any owner or operator may make a written request to the Commissioner of Labor specifying the hardships which are his grounds for requesting such modification. Any authorization by the Commissioner of Labor shall be in writing and shall describe the conditions under which the modifications shall be permitted. A permanent record of all modifications shall be kept in the Department of Labor for public inspection.
§ 467. Liability Insurance
No person shall operate an amusement ride unless at the time there exists a policy of insurance in an amount of not less than $1,000,000.00 insuring the owner or operator against liability for injury suffered by persons riding the amusement ride.
§ 468. Political subdivisions -Regulation of rides -Inspections
A. Nothing contained in this act shall prevent cities and counties from regulating amusement rides nor prevent them from enacting ordinances in addition to the rules and regulations promulgated by the Commissioner of Labor which may be more restrictive than this act with respect to amusement rides.
B. If a political subdivision presents satisfactory evidence to the Commissioner of Labor that it can perform the inspections required by this act, the Commissioner of Labor may delegate his power of inspection.
C. The delegation of power is subject to an agreement entered into by the Commissioner of Labor and the agency, political subdivision or municipality.
D. The Commissioner of Labor may revoke the agreement or retain the right to monitor the inspection.
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§ 469. Violations -Penalties
Any violation of the provisions of this act shall be a misdemeanor. Conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or not more than one (1) year in the county jail, or both such fine and imprisonment. Each day of violation shall constitute a separate offense.
§ 471. Certification of amusement ride operators -Rules [REVOKED]
§ 472. Definitions -Training -Drug and Alcohol Testing
A. As used in this section:
1.
"ASTM Standards" means the American Society for Testing of Materials International (ASTM) standards entitled "Standard Practice for Ownership and Operation of Amusement Rides and Devices" currently designated F 770, and any amendments, supplements, replacements or substitutions therefor;
2.
"Operating fact sheet" means a written description and summary of the manufacturer's recommended operating instructions and specifications and the ride operation policies, procedures, safety procedures and emergency procedures prepared in accordance with the ASTM Standards;
3.
"Amusement ride operator" or "ride operator" means a person who is physically in control of the starting, stopping and performance of the amusement ride while in operation; provided however, ride operator shall not include persons fulfilling ancillary functions in connection with the amusement ride such as taking tickets or assisting passengers in loading and unloading;
4.
"Amusement ride" means an amusement ride as defined in Section 461 of Title 40 of the Oklahoma Statutes; provided however, the term amusement ride shall not include inflatable amusement devices; and
5.
"Inflatable amusement device" means an amusement ride or device consisting of air-filled structures designed for commercial use where the public pays a price to rent or use such a device as specified by the manufacturer, and may include, but not be limited to, bounce, climb, slide or interactive play. They are made of flexible fabric, kept inflated by continuous air flow by one or more blowers and rely upon air pressure to maintain their shape.
B. All amusement rides must be under the control of a competent ride operator or competent ride operators at all times when the amusement ride is in operation. The ride operator must have been issued a certificate of training pursuant to subsection F of this section evidencing that the ride operator has been trained pursuant to subsections C and D of this section within one (1) year from the time of his or her operation of the amusement ride or rides in question. Each such ride operator must wear a name tag identifying the ride operator by name and identifying the fact that such person is a trained ride operator.
C. Each owner/operator shall provide or cause to be provided training for each ride operator in the safe operation of the amusement ride being operated. The minimum requirement for training shall be that specified in the then most current ASTM Standard. Such training shall include, but not be limited to, the following, where applicable:
1.
Instruction on ride or device operating procedures pursuant to the operating fact sheet and any manufacturer's operating manual, supplements, alerts and bulletins applicable to
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the amusement ride;
2.
Instructions on specific duties of the assigned position;
3.
Instructions on general safety procedures;
4.
Instructions on emergency procedures; and
5.
Demonstration of the physical ride or device operation.
D. Each owner/operator shall ensure that each ride operator on a ride-specific basis has:
1.
Read and understood the operating fact sheet and has satisfactorily demonstrated with on-the-job training and testing that such ride operator is competent and understands the operating fact sheet;
2.
Demonstrated how to do pre-startup operational ride checks and daily maintenance inspection;
3.
Demonstrated understanding emergency procedures relating to the amusement ride in question and has knowledge of use and function of normal and emergency operating controls; and
4.
Demonstrated the physical operation of the amusement ride in question in a safe and satisfactory manner.
E. Each owner/operator shall maintain written records evidencing the compliance with subsections C and D of this section with respect to each ride operator and each amusement ride for which such operator has been trained. These written records shall be maintained on the premises where the amusement ride or amusement rides are being operated and made available upon reasonable request by Department of labor amusement ride inspectors.
F. In addition to the written records required pursuant to subsection E of this section, the owner/operator shall:
1.
Provide to each ride operator trained pursuant to subsections C and D of this section a written certificate stating that the holder of this certificate has been trained in accordance with the requirements of this section. This certificate shall be dated the date on which the training and demonstration of these skills were completed. The certificate may include additional amusement rides as to which such ride operator has been trained, provided that the separate date and location of such training is specified. Each certificate will indicate the applicant's name, address, date of birth and each of the amusement rides such operator is approved to operate and the signatures of the owner/operator representative and the ride operator; and
2.
Maintain the originals or duplicates of the above certificate on the premises and available for inspection by Department of Labor amusement ride inspectors.
G. The Commissioner of labor may, where there is reasonable grounds to believe that a ride operator is operating an amusement ride while under the influence of drugs or alcohol, require such ride operator to submit for voluntary drug and alcohol testing by a competent, qualified facility and pursuant to standards and procedures consistent with operating a motor vehicle in this state. Failure to submit to a voluntary drug or alcohol test under such circumstance shall result in the termination of such ride operator's certification for a period of ninety (90) days. A positive test
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for drugs and alcohol pursuant to the foregoing shall result in a loss of such certification for a period of at least thirty (30) days and until the applicant passes a subsequent drug and alcohol test, which retest shall be at the expense of the applicant.
§ 473. Voids Rules Promulgated Pursuant to 40 O.S. 471
Any rules promulgated pursuant to Section 471 of Title 40 of the Oklahoma Statutes, repealed by Section 3 of this act, shall be null and void and shall have no effect.
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CHAPTER 55. AMUSEMENT RIDE SAFETY RULES
Subchapter Page
1. GeneralProvisions ...................................................10
3. ElectricalSafetyRequirements ..........................................11
5. Fees ..............................................................12
7. FatalityorInjuryReporting/Investigation ...................................13
9. Inspection ..........................................................14
11. Insurance ..........................................................17
13.
Miscellaneous .......................................................17
14.
Safety-relatedResponsibilities ..........................................19
15.
WaiverSelf-Inspections................................................20
SUBCHAPTER 1. GENERAL PROVISIONS
380:55-1-1. Purpose
These rules are promulgated as required by Title 40 O.S. Section 460. They are specific as todefinitions, adopted national standards, and rules for the safe installation, repair, maintenance, use,operation, and inspection of amusement rides in Oklahoma.
380:55-1-2. Definitions
The following words and terms, when used in this Chapter shall have the following meaning, unlessthe context clearly indicates otherwise.
"Act" means the Amusement Ride Safety Act, 40 O.S. § 460 et seq.
"Actual inspection time" means the time the inspector is at the amusement area to include:unloading, erection, relocating, set up, testing, observation, repair maintenance and delays incidentthereto.
“Alteration” means any change in either the structural or operational characteristics of theamusement ride which will alter its performance from that specified in the design criteria of themanufacturer.
"Amusement area" means that which is commonly referred to as the midway. An area occupied by an activity, exposition show or amusement ride or rides. It is principally devoted to offering amusement exhibits, or entertainment to the public. All structures that receive electrical power from an independent source, which also serves amusement rides and attractions, areincluded within the amusement area.
"Fees" mean those fees provided for in the Amusement Ride Safety Act and further defined inSubchapter 5 of this Chapter.
"Inspection" means the process by which inspectors determine the safety status of anamusement ride at the scheduled inspection site. It also means attempted inspections of ridesregistered with the owner that would have been inspected had the show arrived at the site asscheduled.
"Inspector" means an individual determined qualified by the Commissioner of Labor based upon the inspectors background, training and experience who inspects amusement rides coveredby the Act. Inspectors so qualified may be issued an appropriate identification card by theCommissioner of Labor.
"Operator" means the person who is physically operating the ride during that period of timewhen it is open to the public.
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"Owner" includes the term “operator” as that term is defined in the Act.
"Red tag" means a red colored tag affixed to a ride or a part thereof, by an inspector indicatingto the public and the owner that the ride is in violation of the Act and therefore shall not beoperated.
"Registration number" means a number permanently assigned to each amusement ride. Thenumber tag is to be permanently affixed for identification purposes to a main structural member ofthe ride and shall not be removed unless so directed by an inspector.
"Scope of inspection" includes: access and egress ramps, steps, walkways, the mechanicalor physical ride itself to include foundation, supports, and blocking. Also included within the scopeare power sources and amusement area or midways which may become hazardous to the public.
"Show" means a group of rides, the property of one or more owners.
"Written order for the temporary cessation of operation" means a written order will be provided to the onsite owner, manager, or operator. It shall be signed by the inspector, identify thesafety violation and the correction necessary. It shall be countersigned by the onsite owner, manager, or operator.
SUBCHAPTER 3. ELECTRICAL SAFETY REQUIREMENTS
380:55-3-1. General requirement
The National Electrical Code (ANSI/NFPA 70) is adopted as the electrical code. All electrical wiring, equipment, and apparatus used for amusement devices or for lighting shall be properlyinstalled, operated and maintained by trained, competent people. Electrical equipment shall be freefrom recognized hazards that are likely to cause death or serious physical harm to employees orto the general public.
380:55-3-2. Generator grounding
Where electrical power is supplied for an amusement device or a temporary structure by aprivately operating generating system, the generator and all equipment shall be properly grounded.
380:55-3-3. Grounding of devices
Each electrically powered amusement device shall be effectively grounded. The grounding shallbe made effective as to all noncurrent carrying metal parts which may become energized and whichare exposed to contact by any person.
380:55-3-4. Master switch
Each electrically operated amusement device not designed to be controlled directly by thepassenger shall be provided with a disconnect power switch accessible to the operator.
380:55-3-5. Overcurrent protection (fuse or circuit breaker)
Conductors shall be provided with overcurrent protective devices in accordance with their abilityto safely conduct current and according to load. No such device shall be installed in neutral or grounding conductors. Overcurrent protection shall be maintained at all times the electrical systemis operated.
380:55-3-6. Overhead power lines
All amusement rides shall be placed or erected in accordance with the most current edition of(ANSI/NFPA 70) Article 525-12 (a)(b) of “The National Electric Code.”
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380:55-3-7. Portable power outlets and midway boxes
Portable power outlets and midway boxes shall be constructed of metal or wood not less than3/4" thick or other materials approved in advance of operation. Distribution within the box shall be provided by properly lugged terminal bars. Boxes shall be rain tight with exterior openings at leastsix (6) inches above ground level and shall be provided with protective covers, draining eaves or canvas.
380:55-3-8. Protection of employees
No employee shall be permitted to work in such proximity to any part of an electrical powercircuit that he may contact in the course of his work unless he is protected against shock byde-energizing the circuit, grounding it, or guarding it by effective insulation. If protection is suppliedby de-energizing the circuit, the switch controlling the circuit shall be locked out to preventinadvertent closing.
380:55-3-9. Warning signs
Signs warning of High Voltage shall be posted where other than qualified employees mightcome in contact with live parts.
SUBCHAPTER 5. FEES
380:55-5-1. Three different fees
(a)
There are three different fees effective September 1, 1993:
(1)
A fee is charged for the annual ride registration.
(2)
A per ride inspection fee is charged for inspection which includes physical inspection of theride during erection and/or set up, inspection of the ride prior to and during operation for ridesdesignated KIDDIE (K) and a separate fee for rides designated MAJOR (M).
(3)
An hourly fee is charged for actual inspection time which includes physical inspection of theride during erection and/or set up, inspection of the ride prior to and during operation for ridesdesignated OTHER (O).
(b)
In the event that an owner or operator's show will not arrive at the inspection site as scheduled,the Department of Labor shall be notified 24 hours in advance otherwise a fee shall be charged forthe scheduled inspection of all active kiddie, major and other (@ 1 hour) rides.
380:55-5-2. No fee for surveillance
No fee will be charged for ride operation surveillance after a certificate of inspection has beenissued at the operating site unless in the judgment of the inspector reinspection is necessary.
380:55-5-3. Fees due within 30 days
Fees are due and payable to the Labor Department within thirty (30) days from the date of theinvoice. Make checks payable to the Oklahoma Labor Department.
380:55-5-4. Overdue fee accounts
No ride of an owner who has a fee account more than thirty (30) days past due shall beinspected or permitted to operate until the balance of the fee account is paid in full by cashier’scheck or money order and received by the Department of Labor.
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380:55-5-5. Criteria for type determination.
Criteria for type determination of amusement rides are as follows:
(1)
KIDDIE RIDES: Primarily designed and/or engineered for children although adults may ormay not fit into carriers or tubs. Inflatable rides are kiddie rides.
(2)
MAJOR RIDES: Primarily designed and/or engineered for adults and families. Children usually fit into the carriers or tubs. Water park rides are major rides.
(3)
OTHER RIDES:
(A)
SIZE:
(i)
When are erected are large.
(ii)
May be transported on several tractor-trailer rigs.
(iii) Encompass large amounts of ground space.
(iv)
Usually are exceptionally tall, wide or deep.
(B)
COMPLEXITY:
(i)
May have independent self-propelled carriers.
(ii)
May require several pre-setup inspections at various stages of erection due to manyparts or sub-assemblies.
(iii) Requires many temporary or permanent fasteners of different types.
(iv)
Generally have large or many integrated systems involving electronic, hydraulic,mechanical or pneumatic devices.
(v)
Drive systems usually involve two or more belt, cable, chain, rod or shaft devices.
(C)
The water quality of water park rides shall be included in this category.
SUBCHAPTER 7. FATALITY OR INJURY REPORTING/INVESTIGATION
380:55-7-1. Reporting ride related fatalities or injuries
The following reporting rules pertain to those ride related fatalities or injuries to the publicoccurring within the inspection scope of the Amusement Ride Safety Act and this Chapter.
(1)
Injuries requiring more medical treatment than “on-site” first aid, and fatalities shall be reported by the owner/operator or his designee to the Commissioner of Labor or designeeimmediately after the protection of life, limb and property. “On-site” first aid shall be considered that immediate medical attention limited to minor wound dressing, hot or cold compresses, anti­bacterial
ointments, etc. which could reasonably be assumed as all treatment needed for aninjury.
(2)
Injuries requiring “on-site” first aid medical treatment only shall be reported to theCommissioner of Labor or the Commissioner’s designee by the end of the next working day.
(3)
All injuries shall be recorded and maintained in a log. This log shall be kept on site andavailable for review by the State ride inspector during normal business hours. Entries into the log shall contain a minimum amount of information, to include:
(A)
Date and time injury occurred,
(B)
Description of injury,
(C)
Name of ride and area of midway where injury occurred,
(D)
Name, age, address, and telephone number of injured person(s),
(E)
Name, age, address, and telephone number of all witnesses to the injury.
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380:55-7-2. Investigation of ride related fatalities, injuries, or incidents
The Commissioner of Labor shall have authority to investigate all ride related fatalities andinjuries as defined in 380:55-7-1. No ride involved in a fatality or injury as described in 380:55-7-1
(1) shall be operated, moved, repaired, or tampered with, except to protect life, limb and property,until authorized by the Commissioner of Labor or designee. Three (3) work days shall normally beconsidered sufficient to complete the mechanical inspection portion of the investigation.
SUBCHAPTER 9. INSPECTION
380:55-9-1. Scheduling inspections
(a)
No ride shall be operated without having been first inspected at each operating site; therefore,inspections will be scheduled for owners by date required for inspection on a first come first servebasis within available assigned inspectors.
(b)
When owners request inspection services, the following information shall be provided:
(1)
Owner's name,
(2)
Requestor's name,
(3)
Number or rides to be set up,
(4)
City and specific location of set up site,
(5)
Date and hour rides are planned to open for business and length of run.
(c)
Late or last minute contract approvals require a minimum of 72 hours (3 working days) advancenotice to the Department of Labor. The availability of inspectors may be limited to accommodate short notice set-up.
380:55-9-2. Inspection of amusement rides
(a)
The Commissioner of Labor or a designee will make onsite inspections of amusement rides.No park or amusement ride owner or employee shall interfere with, obstruct or hinder by threat,force, intimidation or otherwise, the Commissioner of Labor or the Commissioner’s designee, orrefuse to properly answer questions regarding rides, insurance, etc., or refuse the Commissionerof Labor or the Commissioner’s designee admittance to any place where the Amusement RideSafety Act may apply.
(b)
Inspection includes, but is not limited to, a review of any necessary documentation andinspection or observation of ride assembly or set-up. Inspection of the ride shall include:foundation, blocking, power lines, midway boxes, other electrical sources, fuel containers, and safeoperation of the ride. Inspection of the ride may also include after set-up surveillance or reinspection. The scope of inspection is defined in 380:55-1-2.
(c)
Except as otherwise specified, all amusement ride inspections will be performed orsupervised onsite by a Department of Labor inspector or an insurance company inspector who islicensed by the Department of Labor.
(d)
Criteria for inspection of rides will be based, at a minimum, upon the ride manufacturer'sspecifications, industry consensus, common inspection practices, criteria contained in the mostcurrent edition of the American Society of Testing of Materials (ASTM) standards, and theAmusement Ride Safety Rules. Alterations to the ride manufacturer’s specifications, by using aftermarket products, will be permitted provided that ride safety is maintained. Where no manufacturerexists or the manufacturer does not provide the Department of Labor adequate specifications, theCommissioner of Labor shall develop inspection criteria with input from owners, operators, theamusement ride industry and other jurisdictions.
(e)
Owners of certain designated amusement rides which must receive a partial inspection priorto erection or set-up will be notified of the requirement in advance if possible. Under normal
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conditions a partial inspection should not delay the scheduled opening time of a show.
(f)
Amusement ride inspection will not be performed during inclement weather nor after dark unlessadequate illumination is provided and, in the judgment of the inspector, a proper inspection can besafely completed.
380:55-9-3. General requirements
(a)
Blocking.
(1)
All rides shall be placed on a good, sound foundation.
(2)
Concrete, cinder, or other hollow blocks shall not be used.
(3)
Cribbing or crossing shall be required when more than two tiers high.
(4)
To keep certain rides from walking, tipping, etc., they shall be staked or sandbagged.
(b)
Carriers.
(1)
Carriers must be in good, serviceable condition.
(2)
Safety restraints (lap bars, safety belts, chains, gates, etc.) shall be installed where thereis a possibility of passengers being ejected, falling out, or receiving other injuries.
(3)
Cushions and padding shall be in good condition and free of tacks, nails, screws, etc.
(4)
All carriers shall be individually identified by a number, alpha character.
(c)
Safety pins.
(1)
All pins, bolts, etc., when required, must be safety locked with appropriate "R" keys, cotterkeys, spring keys, or any other type of locking device to keep the pins, bolts, etc. in its properplace.
(2)
All pins must be in place and of proper size and type.
(3)
Nails or similar devices not designed for the intended purpose shall not be used.
(4)
The pins and holes shall be reconditioned to the manufacturer's specifications when necessary.
(5)
Load carrying bolts and nuts shall be Industrial Fastener Institute Grade Five (5) or higherunless otherwise specified by the ride manufacturer, industry consensus, or common inspectionpractices.
(d)
Ride support (sweeps, chains, spokes, axles, shafts, etc.).
(1)
Such support shall be free of cracks, defects, or rusty, corrosive areas.
(2)
Testing of critical areas by nondestructive examination, etc., may be necessary for thesafety of a ride.
(3)
In those instances where the ride manufacturer requires periodic nondestructive examination, or when determined necessary by justifiable cause (i.e., cracks, bends, ridehistory, etc.), such examinations shall be performed at the owner's expense. The examinationsshall be read by an American Society of Nondestructive Testing Level II qualified individual andthe part or parts certified by him free of hazardous faults or defects. This certificate shall be filedwith the Department of Labor before the ride is operated in this state.
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(4)
Additional safety devices such as secondary cable supports, extra bracing, etc. may berequired when the inspector determines that such device would enhance the safety of the ride.
(e)
Speed and overloading. Rides shall be operated within manufacturers' designed speed or RPM rating. Rides and individual carriers shall not be overloaded. As far as practical, ride loads shall be balanced.
(f)
Passenger restrictions. Manufacturers' restrictions to passengers as to height, weight,impaired, or other physical problems shall be complied with. The Commissioner of Labor may require more stringent restrictions.
(g)
Brakes, clutches, roll backs, safety trips, etc.
(1)
Brakes, clutches, roll backs, safety trips, etc. shall be in good working condition,
(2)
Lining and shoes shall be serviceable,
(3)
Roll back and safety trips shall be of correct strength and size to hold the load.
(h)
Guarding. Moving or hot parts (belts, chains, gears, shafts, knuckle joint, exhaust pipes, etc.)that may be injurious to the ride operator or the public, shall be effectively guarded to prevent contact.
(I)
Modifications/Alterations. Minor modifications or alterations may be approved if determinedby an inspector that ride safety is not affected and an engineer's evaluation is not necessary.Major modifications or alterations and homemade rides may require the filing of an engineer’sevaluation with the Department of Labor.
(j)
Removable parts. Any removable part, which may, in the inspector's judgment, becomedislodged during operation and thereby fall on a passenger or bystander, shall be safe-tied intoposition (i.e. fluorescent tubes, mirrors, other functional or decorative parts.)
(k)
Ride clearance and fencing.
(1)
All rides shall be fenced unless otherwise protected.
(2)
Fences shall be constructed to adequately protect the public from hazard.
(3)
Fences shall be placed so that a person cannot reach over the fence and make contact withthe ride or passengers.
(4)
Rides shall be so placed as to provide adequate clearance between adjacent rides and structures.
(5)
Rides and other midway structures shall not be placed so as to create a hazard or obstructfire, medical, or other rescue operations.
(l)
Wire Rope. Wire rope shall be inspected to ride manufacturers’ specifications when provided.Where the manufacturer does not provide inspection specifications, wire rope shall be inspectedto the applicable industry standard. Wire rope found to be damaged shall be replaced with newrope of proper design and capacity or repaired by proper splicing. Connecting ends of wire rope shall be properly clamped or fitted.
(m)
Other Inspections. Political subdivisions shall provide notice in writing to the Commissionerof Labor on or before February 1st of each year requesting inspection authority. Such subdivisionsshall provide evidence of ability to perform inspections. The Commissioner of Labor or designee shall review such requests and reveal his or her findings within thirty (30) days. The Commissioner or designee shall also provide thirty (30) days notice of revocation of such authority.
(n)
Exclusions. Excluded from this Chapter are school playground and public park rides such as
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swings, see-saw, sliding boards, climbing bars, etc. and small self-service type rides found inshopping centers.
SUBCHAPTER 11. INSURANCE
380:55-11-1. Insurance coverage
(a)
Permanent parks. On or before 30 days prior to opening, every permanent park owner oroperator shall provide to the Department of Labor a certificate of insurance with inclusive dates, as required by the act. All insurance carriers must be authorized to do business in Oklahoma bythe State Insurance Commission. The Oklahoma Labor Department shall be shown as theCertificate Holder and notified of any changes.
(b)
Other than permanent parks. All insurance carriers must be authorized to do business in Oklahoma by the State Insurance Commission. On or before 30 days prior to the intendedoperation date within this State, the owner or operator shall provide to the Department of Labordocumentation of insurance coverage, with inclusive dates, as required by the Act. The OklahomaLabor Department shall be shown as the Certificate Holder and be notified of any changes.
380:55-11-2. Inspectors
(a)
Insurance Inspectors shall be licensed (no fee) by the Labor Commissioner. The requirementsto become licensed are as follows:
(1)
The inspector shall be a full-time employee of an insurance carrier of loss preventionauthorized to do business by the Insurance Commission of Oklahoma.
(2)
The inspector's most recent 7 years experience shall include 5 years in the field ofamusement ride inspection.
(3)
The application shall be in affidavit form specifying that the inspector will abide by all rulesadopted by the Labor Commissioner.
(b)
The license shall be issued for one (1) year, and is renewable on or before January 31 eachyear, accompanied by proof of continued employment by the insurance carrier. The license may be revoked for cause.
SUBCHAPTER 13. MISCELLANEOUS
380:55-13-1. Competent operator
All amusement rides or devices must be under the control of a competent operator at all timeswhen the ride or device is in operation. Operators shall be trained in the safe operation of the ride.The minimum requirement for training shall be that contained in the most current edition of theAmerican Society for Testing of Materials (ASTM) standards, entitled “Standard Practice for Operation Procedures for Amusement Rides and Devices”.
380:55-13-2. Rides kept clean
(a) Rides shall be kept clean and trash removed to prevent accidents or injury.
(b)
Water quality shall be tested by the Department of Labor personnel in accordance withstandards developed by the Oklahoma Department of Health, OAC 310:320.
(c)
Water parks shall maintain the water quality in accordance with standards developed by theOklahoma Department of Health, OAC 310:320.
380:55-13-3. Briefing
Inspectors may brief hiring officials as to the results of the inspection to include all violations.
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380:55-13-4. Fire protection
An approved ABC type fire extinguisher shall be in immediate proximity of any internalcombustion engine or other area where combustibles are stored or are in use. Additional fire extinguishers shall be placed as needed.
380:55-13-5. Gasoline use/storage
Gasoline or flammable liquid use and storage procedures are as follows:
(1)
Rides using flammable liquids for engines must not be filled while the engine is running orpassengers are on the ride.
(2)
Only fuel containers designed and marketed for flammable liquids shall be used.
(3)
Flammable liquid containers must be kept away from the ride while it is operating.
(4)
The container must be kept away from the public.
380:55-13-6. Guarding of machinery
Machinery used in or with an amusement device shall be enclosed, barricaded or otherwiseeffectively guarded against contact. Guards removed for maintenance purposes shall be replacedbefore normal operation is resumed.
380:55-13-7. Inclement weather conditions
All park owners, amusement ride owners, and ride operators during time of inclement weatherresulting in high winds, lightning, and/or any other condition that would render a park or ride unsafeshall be required to close the park and/or the ride until weather conditions are safe.
380:55-13-8. Wood components
Footings, splices, uprights, track timbers, ledges, sills, laps, bracing, flooring and all other woodcomponents of rides, devices and structures shall be inspected for deterioration, breaks, orfractures. Emphasis shall be given to insuring tight nails, bolts, lag bolts and other fasteners. A minimum of eighteen (18) inches of soil, with respect to grade, may be removed around piling orwood members embedded in dirt for support to check deterioration. When wood piling requires replacement, ground level concrete piers shall be used. Wood members found to be defective shall be replaced with material of equal strength and capacity.
380:55-13-9. Shut down
Owners and Managers shall authorize ride operators to shut down rides or parts thereof, whenthe operator determines continued operation of the ride is hazardous. Operators shall also beauthorized to refuse loading of passengers who are restricted by 380:55-9-3 (f).
380:55-13-10. Maintenance
(a)
The owner or operator shall perform periodic service and routine maintenance, as required,or recommended by the manufacturer. Where no manufacturer exists the owner or operator shallperform service and maintenance in an ethical, professional, and workmanlike manner. Personsperforming regularly scheduled maintenance shall be trained in the safe maintenance of the ride.The minimum requirement for training shall be that contained in the most current edition of theAmerican Society for Testing of Materials (ASTM) standards, entitled “Standard Practice for Maintenance Procedures for Amusement Rides and Devices”.
(b)
The owner of an amusement ride shall maintain up-to-date maintenance, inspection, andrepair records between inspection periods for each amusement ride in the manner provided by the
18
Commissioner of Labor. The records shall contain a copy of all inspection reports commencingwith the last annual inspection, a description of all maintenance performed, and a description of anymechanical or structural failures or operational breakdowns and the types of actions taken to rectifythese conditions. [40 O.S. 460.2]
380:55-13-11. Operators [REVOKED]
380:55-13-12. Bungee Jumping
(a)
Bungee jumping is defined as the practice whereby an individual jumps from a stationary objecttethered to such object with an elastic cord.
(b)
Bungee jumping from mobile platforms and cranes and hot air balloons is prohibited inOklahoma.
SUBCHAPTER 14. SAFETY-RELATED RESPONSIBILITIES
380:55-14-1. Required signage -amusement ride owners
(a)
An amusement ride owner shall display signs indicating the applicable safety responsibilitiesof riders as set forth in 380:55-14-2 and the location of stations to report injuries. The signs must be located at:
(1)
each station for reporting an injury,
(2)
each first aid station, and
(3)
at each premises entrance and exit.
(b)
An amusement ride owner shall post a sign at each amusement ride that includes:
(1)
operational instruction, if any,
(2)
safety guidelines for ride, if any,
(3)
restrictions of the use of the amusement ride, if any,
(4)
behavior or activities that are prohibited, if any, and
(5)
a legend providing that “State law requires riders to obey all warnings and directions for thisride and behave in a manner that will not cause or contribute to injuring themselves orothers. Failure to comply is punishable by fine and imprisonment.”
(c)
Any sign required by this rule must be prominently displayed at a conspicuous location, clearlyvisible to the public and bold and legible in design.
(d)
As used in this rule, "sign" means any symbol or language reasonably calculated to communicate information to a rider or the parent or guardian of a rider, including placards,prerecorded messages, live public address, stickers, pictures, video, verbal information, and visualsignals.
380:55-14-2. Rider responsibility
A rider shall:
(1)
obey the reasonable safety rules posted in accordance with law and oral instructions for anamusement ride issued by the owner or the employee of the owner, unless:
(A)
the safety rules are contrary to law or rules, or
(B)
the oral instructions are contrary to law or rules or the safety rules, and
(2)
refrain from acting in any manner that may cause or contribute to injuring the rider or others,including:
(A)
exceeding the limits of ability of the rider,
(B)
interfering with safe operation of the amusement ride,
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(C)
not engaging any safety devices that are provided,
(D)
disconnecting or disabling a safety device except at the express instruction of theride operator,
(E)
altering or enhancing the intended speed, course, or direction of an amusementride,
(F)
using the controls of an amusement ride designed solely to operated by the ride operator,
(G)
extending arms and legs beyond the carrier or seating area except at the expressdirection of the ride operator,
(H)
throwing, dropping, or expelling an object from or toward an amusement ride exceptas permitted by the ride operator,
(I)
getting on or off an amusement ride except at the designated time and area, if any,at the direction of the ride operator or in an emergency,
(J)
not reasonably controlling the speed or direction of the person of the rider or anyamusement ride that requires the rider to control or direct the person of the rider ora device.
(3)
A rider may not get on or attempt to get on an amusement ride unless the rider or theparent or guardian of the rider reasonably determines that the rider:
(A)
has sufficient knowledge to use, get on, and get off the amusement ride safelywithout instruction or has requested and received before getting on the ridesufficient information to get on, use, and get off safely,
(B)
has located, reviewed, and understood any signs in the vicinity of the ride and hassatisfied any posted height, medical, or other restrictions,
(C)
knows the range and limits of the ability of the rider and knows the requirements ofthe amusement ride will not exceed those limits,
(D)
is not under the influence of alcohol or any drug that affects the ability of the riderto safely use the amusement ride or obey the posted rules or oral instructions, and
(E)
is authorized by the amusement ride owner or the authorized employee of theamusement ride owner to get on the amusement ride; and
(4)
As used in this section, “rider” means any person who is:
(A)
waiting in the immediate vicinity to get on an amusement ride,
(B)
getting on an amusement ride,
(C)
using an amusement ride,
(D)
getting off an amusement ride, or
(E)
leaving an amusement ride and still in its immediate vicinity. [40 O.S. 460.4]
SUBCHAPTER 15. WAIVER SELF-INSPECTIONS
380:55-15-1. Applicability
Waiver self-inspections are only applicable to shows who operate in Oklahoma for more than5 (five) sites/locations within the calendar year.
380:55-15-2. Waiver requirements
Waiver self-inspection requirements are as follows:
(1)
Owners/ Operators must retain, on each site, manufacturers' ride manuals with all bulletinsand changes updated and Department of Labor approved ride inspection checklists. The ride manuals and ride inspection checklists shall be under control of the waiver inspector. Current copies of the ride inspection checklists shall be provided to the Department of Labor to beretained on file. Owners/Operators must also retain, on each site, a current copy of theOklahoma Amusement Ride Safety Act.
(2)
For homemade or out-of-production rides, the owner/operator shall develop an inspectionchecklist, to be approved by the Department of Labor. The inspection checklist shall be retainedon site, under the control of the waiver inspector. Current copies of the ride inspection checklist
20
shall be provided to the Department of Labor to be retained on file.
(3)
The ride owner/operator shall cause the initial pre-opening inspections of all amusementrides at each site, including the generator(s), electrical systems, and general midway safety bythe approved waiver inspector. The waiver inspector shall be responsible for inspecting all rideson the midway including booked in rides. Inspection documents shall be provided by the owner/operator. The waiver inspector shall also monitor that all rides are being operated in asafe manner on a daily basis. In the event of an unforeseeable emergency or illness, theapproved waiver inspector may appoint a substitute waiver inspector who must be approved bythe Commissioner of Labor or the Commissioner’s designee prior to the inspection.
(4)
The ride owner/operator shall cause the daily pre-opening inspection of each ride, by the operator. Inspection documents shall be maintained by the owner/operator.
(5)
The waiver inspector shall review the operator’s daily pre-opening inspection documentson a daily basis. The waiver inspector shall supervise the operators performing daily pre­opening
inspections.
(6)
Waiver inspection reports shall be maintained at each site and held for the remainder ofthe current operating season or calendar year. They shall then be maintained at winter quarterslocation for not less than 3 (three) years. The Department of Labor may request copies of waiver inspection reports at no charge.
(7)
Waiver self-inspections shall not apply to the Oklahoma State Fair, the Tulsa State Fair,and any midway sites with over 25 (twenty-five) rides.
(8)
The Department of Labor (Safety Standards Division) shall be informed of all show datesand locations within Oklahoma. The Department will also be provided a complete list of all ridesowned/operated. The list will include ride name, manufacturer, serial number, and Oklahoma registration number, where possible.
(9)
Waiver requests will be granted on an annual basis.
(10)
Department of Labor inspectors may spot check rides and self-inspection documentationat any time, without prior notification, at no charge.
(11)
If the approved waiver inspector is not the actual ride/show owner, he must have on filewith the Department of Labor a formal letter from the ride/show owner that said waiver inspectoris empowered to order cessation of ride operation due to unsafe conditions (mechanical oroperational) to include booked in rides.
(12)
Non-compliance with waiver requirements, or public safety violations found at the time ofthe spot checks may result in any or all of the following:
(A)
Shut down of the ride(s).
(B)
Department of Labor inspection(s) at next set-up(s).
(C)
Formal Department of Labor hearing regarding the cancellation of the waiver requestfor the remainder of the Oklahoma operating season or a period to be determined by thehearing officer.
380:55-15-3. Waiver self-inspection frequency
Waiver self-inspection frequency is determined as follows:
(1)
Non-complex portable rides intended for less than 12 (twelve) patrons and requiring lessthan 1 (one) man-hour setup time, shall receive a Department of Labor inspection 3 (three)times per operating season or approximately every 60 (sixty) days whichever is more frequent.
(2)
Non-complex portable ride waiver self-inspections are exempt from NAARSO inspector
21
certification requirements.
(3) All other portable rides shall be Department of Labor inspected at approximately one-thirdof the locations in Oklahoma. The dates of state inspections are at the total discretion of the Department of Labor.
380:55-15-4. Required Department of Labor inspections
The Department of Labor will conduct ride inspections for the following:
(1)
At the first set-up of the season for portable rides for inspection and registration.
(2)
Any newly designed ride or any ride not familiar to the Department of Labor may requireadditional inspections after the initial registration and inspection.
(3)
After any modifications or alterations to the ride.
(4)
When the ride manufacturer or other nationally recognized organization(s) issue safetybulletins or recommend safety checks.
(5)
Rides may require additional inspections after reportable accidents.
(6)
Rides may require additional inspections when the Department of Labor is notified of anaccident within another jurisdiction.
380:55-15-5. Inspector qualifications
Inspector qualifications are as follows:
(1)
Political Subdivision Inspector
(A)
Must be employed by city, county, or other recognized governmental entity.
(B)
Must be empowered to order and enforce cessation of ride operation due to unsafecondition.
(C)
Must be National Association of Amusement Ride Safety Officials (NAARSO) certifiedinspector level I (basic).
(D)
Must pass a written examination covering Oklahoma amusement ride laws.
(2)
Insurance Inspector
(A)
Must be employed or contracted by an amusement liability insurance carrier listed withthe Insurance Commission to do business in Oklahoma.
(B)
Must be empowered to revoke insurance coverage on rides and attractions becauseof safety violations and immediately notify the Department of Labor of revocation andnoted safety hazards.
(C)
Must transmit legible copies of inspection reports to the Department of Labor within7 (seven) calendar days.
(D)
Must be NAARSO certified inspector Level I (basic); and Level II (advanced) afterMarch 1, 1995.
(3)
Department of Labor Inspector
(A)
Must be employed by the Oklahoma Department of Labor.
22
(B)
Must meet the job qualification as listed by the Office of Personnel Management.
(C)
Must pass a written examination covering Oklahoma amusement ride laws.
(4)
Waiver Inspector
(A)
Must be a full time employee of the amusement ride owner/operator or the owner/operator themselves.
(B)
Must be empowered to order cessation of ride operation due to unsafe conditions(mechanical and operational).
(C)
Must be NAARSO certified inspector Level I (basic), after March 1, 1995.
(D)
Must pass a written examination covering Oklahoma amusement ride laws.
(5)
All inspectors shall be at least 21 (twenty-one) years of age and be issued a certificate ofcompetency by the Department of Labor attesting that they meet the minimum qualifications.
380:55-15-6. Oklahoma law inspectors examination
(a)
The Oklahoma law inspectors examination will consist of 25 (twenty-five) multiple choicequestions covering the Oklahoma amusement ride law and rules. The examination will be the open book type. A passing score will be 90% (ninety percent) correct or better.
(b)
The examination may be administered in the Oklahoma City or Tulsa offices, by Departmentof Labor field inspector, or transmitted by FAX or mail to the examiner.
(c)
Upon achieving a passing score on the Oklahoma law examination, proof of NAARSOcertification, and proof of empowerment, the inspector will be issued a certificate of competency.
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