302 KAR 16:070. Reports of injuries involving amusement and amusement attractions.

302 KAR 16:070. Reports of injuries involving amusement rides and amusement attractions.

RELATES TO: KRS 247.232, 247.234, 247.236, 247.990

STATUTORY AUTHORITY: KRS 247.234

NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 requires the department to conduct mandatory initial safety inspections of amusement rides and amusement attractions and to conduct subsequent inspections at any time to determine if a particular amusement ride or amusement attraction complies with accepted standards of safety. It is necessary for the department to receive reports of amusement ride or amusement attraction accidents causing death or injury in a timely manner to insure that a particular amusement ride or attraction complies with accepted standards of safety and to adequately inform the public of the presence of a safety violation.

Section 1. "Serious injury" means an injury which requires treatment by a licensed physician.

Section 2. Accident Reports. A written report shall be filed by the owner of an amusement ride or amusement attraction if one (1) of the following occurs as a result of an accident or incident involving an amusement ride or amusement attraction, equipment, or operating site:

(1) The death of a person;

(2) An injury requiring medical treatment;

(3) An injury to a person not receiving medical treatment;

(4) The involvement of a person requiring the intervention of emergency response or rescue personnel;

(5) Damage to property; or

(6) Structural or major mechanical failure of an amusement ride or amusement attraction.

Section 3. Reports of a Death or Serious Injury. (1) If a death or serious injury results from the operation of an amusement ride or amusement attraction, the owner of the amusement ride or amusement attraction shall, upon being notified, immediately report the death or serious injury by telephoning the Department of Agriculture, Division of Regulation and Inspection at (502) 573-0282.

(2) If a death or serious injury results from an amusement ride or amusement attraction accident, a written report shall be submitted, within twenty-four (24) hours, to the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601. The written report shall contain the following information:

(a) The name and address of the owner of the amusement ride or amusement attraction;

(b) The name and address of the operator of the amusement ride or amusement attraction;

(d) The location of the accident;

(e) The date and time of the accident;

(f) The name, serial number, and manufacturer of the amusement ride or amusement attraction;

(g) If the accident was reported by telephone, the time reported and name of the person informed of the accident;

(h) The names and addresses of all persons killed or injured;

(i) The nature and extent of the injuries;

(j) A description of the accident;

(k) The identity of persons or agencies providing medical or emergency treatment; and

(l) A duplicative copy of the accident or incident report submitted to the liability insurance carrier or investigative authority.

(3) For any other reportable accident or incident involving the operation of an amusement ride or amusement attraction, a written report shall be submitted, within five (5) days, to the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601.

Section 4. Safety Inspection. (1) The department shall initiate an investigation and safety inspection within twenty-four (24) hours of the initial notification of a death or serious injury resulting from the operation of an amusement ride or amusement attraction.

(2) Pending the completion of a safety inspection, the amusement ride or amusement attraction shall not be operated, moved, or repaired without written approval of the department. (17 Ky.R. 2302; eff. 3-13-91; 29 Ky.R. 2338;; 2666; eff. 5-15-03.)