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Friday, August 19, 2011

Hospitality, Tourism & Event Safety Regulations & Standards: The Basics

This list is made available for educational purposes only as well as to provide you with general information and understanding concerning the regulations, standards and best practices that apply to the hospitality, tourism and events industries within the United States. This list does not constitute a complete list. The agencies and organizations provided are a snapshot of the regulators or standards writing committees that impact the hospitality, tourism and events industries. Each location, property, facility and event will be impacted uniquely by the agencies and organizations provided and not provided. It is important to analyze your circumstances to determine the regulations, standards and best practices that apply to your situation.

Each locale that you host an event or conduct business will be subject to federal, state, county and local regulations, standards, codes and ordinances. It is important to contact the representatives associated with the location that the event or business will be conducted in order to determine the process and application of various regulations and standards. Jurisdictional requirements can sometimes be complicated and require flexibility and patience. It is important to start the process early. A great place to start at the local level is with the fire marshals offices. Additionally, most city websites provide special events information and materials and building code requirements.

As stated… the list provided includes general insight into regulations, standards, etc. that impact the hospitality, tourism and events industries. As a planner or venue operator you must explore and be fully aware of the numerous sections and subsections within the various regulations and standards provided. It puts you, your organization and patrons in jeopardy when you don’t have a clear understanding of the regulations and standards impacting your hospitality, tourism or event location. 


Insight:
  • National Fire Protection Association (NFPA) provides fire, electrical and life safety information. The hospitality, tourism and events industries must comply with numerous aspects of NFPA both from permanent and temporary structures. NFPA 101: Life Safety Code, NFPA 102: Grandstands, Folding, and Telescopic Seating, Tents and Membrane Structures, and NFPA 601: Security Services are a few of the numerous standards available and applicable to the hospitality, tourism and events industries provided by NFPA.
  • Occupational Safety & Health Administration (OSHA) has jurisdiction over workplaces in the U.S. Some find OSHA irrelevant within the events industry because of the temporary nature of the industry. The reality is that there are many regulations that apply to the events industry. OSHA's Theater Rigging Provisions Section 1926 of the "Safety and Healthy Regulation for Construction," subpart R is a good example.
    • Others believe that an exemption allowing smaller companies to avoid compliance somehow absolves them from meeting OSHA’s expectations on the job. Just because you are exempt from being regulated does not mean you do not have to follow OSHA. Safe workplace practices and adhering to regulations assists in reducing incidents.

Regulations & Standards 
  • ADA Americans with Disabilities Act-Regulations, standards and best practices concerning the accommodation of employees and visitors.
  • ANSI American National Standards Institute-oversees the creation, promulgation and use of norms and guidelines. Many products utilized within the industry are required to be ANSI approved.
  • ASHRAE American Society of Heating, Ref. & A/C Eng.-standards writing and guidelines for acceptable use.
  • ASTM ASTM International-Amusement ride and device, playground, and recreational equipment standards.
  • ATF Bureau of Alcohol, Tobacco and Firearms-Regulation and enforcement concerning use.
  • CDC Centers for Disease Control-Monitoring, alerts and reporting.
  • CPSC U.S. Consumer Product Safety Commission-Regulations, standards, and advisories/alerts concerning consumer products…recreation equipment, etc.
  • DOJ Department of Justice-Antitrust, civil liberties, etc.
  • DOL Department of Labor-Employee labor practices.
  • DOT US Department of Transportation-Traffic management, pedestrian safety and signaling/signage requirements, standards and industry best practices.
  • EPA Environmental Protection Agency-Regulations, standards and industry best practices for spills, etc.
  • FAA Federal Aviation Administration-Airspace management.
  • FDA Food and Drug Administration-Regulations, standards and industry best practices.
  • FEMA Federal Emergency Management Agency-Disaster preparedness and response.
  • IMO International Maritime Organization-Regulations, standards and industry best practices in international waters.
  • IRS Internal Revenue Service-Taxes, reporting and liabilities.
  • ISFP International Society for Fall Protection-Requirements, standards and industry best practices…elevated platforms, rafters, catwalks, etc.
  • NEC National Electric Code-Electrical safety for the electrical trade…fairs, festivals, conventions, etc.
  • NFPA National Fire Protection Association-Provides fire, electrical and life safety information.
  • NHCA National Hearing Conservation Association-Guidelines for acceptable noise levels and exposure…concerts, festivals, heavy equipment, etc.
  • NIOSH National Institute for Occupational Safety-Workplace injury/illness prevention.
  • NLSI National Lightning Safety Institute-Lightning guidelines… outdoor events, buildings, etc.
  • NSPF National Swimming Pool Foundation-Regulations, standards and best practices.
  • OSHA Occupational Safety and Health Administration-Employee safety.
  • UL Underwriters Laboratories Inc.-Product safety verification… electrical, heating, etc.
  • U.S. Coast Guard – Costal waterways-Vessel checks, accident reporting and use.
  • USDA United States Department of Agriculture-Food safety guidelines and alerts.
  • USFWS US Fish and Wildlife Service-Education and permitting for select activities and events.

Sunday, August 14, 2011

Indiana State Fair Stage Collapse: This Was NO “Fluke!”

On August 13, 2011 at approximately 8:50 p.m. EST a tragic incident occurred at the Indiana State Fair killing 5 and injuring dozens more. A 60-70 mph (estimated) gust of wind triggered the incident and brought down the metal scaffolding supporting lights, speakers and other equipment onto the audience below. The stage was set for the band Sugerland. It was estimated that 200 patrons were seated in the VIP area known as the “Sugar Pit” when the collapse occurred.

Governor Mitch Daniels of Indiana has termed this incident as a “fluke” that no one could have anticipated. A fluke can be described as an accident or chance happening. An accident states that an unforeseen, unplanned event or circumstance occurs and that this event transpires from a lack of intention or necessity. This was no fluke… this incident resulted from a combination of a lack of planning and structural failure. This incident was preventable.

Indiana is prone to these types of volatile weather events. Several articles discussed two separate weather related incidents in Indiana that impacted events. In 2006, tornado-force winds hit Indianapolis after the completion of a concert by John Mellencamp. In 2004, a tornado forced the interruption of the start of the Indianapolis 500. Governor Daniels stated that no one could have foreseen such a strong gust. Weather can be a funny thing; however, the event planners and venue operators had historical evidence suggesting that catastrophic wind events can and do occur in this region. A plan should have been developed that appropriately monitored and evacuated patrons in the event of a storm. Witnesses say Indiana state police took to the stage to issue a weather warning about 10 minutes before. Where was the evacuation order? Clearly they missed a primary indicator and opportunity to avoid unnecessary devastation.

In 2009, Richard Branson's Virgin Galactic hosted the debut of its manned spaceship in the Mojave Desert---another wind prone area. The night of the event, hurricane-force winds leveled the event’s main tent. The difference was that the event planners and venue operators had a plan. The weather was being continuously monitored by event staff and upon the recognition of a severe wind storm the patrons were evacuated. The event planners decided long before the weather turned serious to ask patrons to seek safety and shelter elsewhere. Staged busses were available to guests to take shelter in. This is an excellent example of pre-planning and averting unnecessary losses. Governor Mitch Daniels said precautions were taken before the storm---what did that include?

The second failure was the stage---an entirely different topic. It is difficult to determine the cause of the collapse without inspecting it. It is evident that it failed under the winds it was subjected to, but why? Were supporting beams (braces) in place? Were guy-wires in place? Was the cabling secure and adequate? Was it inspected before use? Who did the inspection? Was the roof vented for wind? Was this stage rated for this kind of wind? Was it installed properly? There are so many questions to answer concerning this device. Hopefully, the event planners and venue operators asked them ahead of time.

Risk management planning cannot be left to chance. There are numerous examples of accidents/incidents occurring within the events industry on a daily basis. If you don’t think it can impact your organization, think again. It is a matter of time and exposures before it does. Some recent examples include: a fatal stage collapse in Edmonton, 40 people injured in a hayride accident in Washington, a 12-year old run over by a parade float, and a bouncy house blowing over injuring 6. Now, we have 5 dead and dozens more injured from another stage collapse. The numbers of incidents are staggering and all preventable. Planners and venue operators must do a better job of developing and implementing fully developed risk management plans in order to prevent incidents such as this.

Thursday, August 4, 2011

Event risk management for meeting planners and venue operators: Forward thinking

The events industry is like no other. Events are dynamic and fluid with numerous issues surfacing along the way. Events are continuously influenced by both external and internal factors. Whether it is a sporting event, concert, tradeshow, festival, award show, political convention or party they present a unique set of challenges. Events, regardless of size or situation, are exposed to risks involving safety, security, legal, financial, and environmental considerations. In order for an event to be successful, it must manage all of its obligations appropriately; after all, you only have one opportunity to succeed.

Events can range in size from a small family gathering to a multi-national sporting event, with each requiring qualified and competent planners to address pressing issues. Planning a successful event is no easy task. Planners and venue operators must coordinate the delivery, set-up, use and tear-down of equipment, structures, goods and materials; simultaneously coordinating staff and vendors in an effort to ensure a satisfied client. In order to achieve event success it requires early and thorough planning and continuous monitoring of the operation.

Most event planners and venue operators spend countless hours developing and managing their events; the bulk of which are extremely successful. However, more often than you may be aware, event planners and venue operators are faced with adverse conditions and situations that can and do result in serious injuries and/or deaths. Unfortunately, little is being done to alter the outcomes, not because planners don’t care, but because they don’t know. When you ask an event planner what risk management is most will tell you it has to do with contracts, insurance and security. They are correct, but a key and vital component is missing---safety. Many planners and venue operators are under the impression that those items make-up safety.

Contracts spell out agreements between parties, insurance protects parties in the event of a loss, and security observes and reports suspicious activities, but safety, if done correctly, identifies and mitigates hazards and prevents adverse events from occurring. Many planners and venue operators will identify this as an emergency disaster plan; however, this is not the case. Safety is a proactive measure that is necessary to prevent injuries or damages. Emergency response plans are developed to respond to adverse situations after they occur. In order to achieve a comprehensive risk management plan you need a cohesively designed strategy that includes contracts, insurance, security, safety and an emergency disaster plan. The collective whole is what makes this work.

Risk management planning cannot be left to chance. There are numerous examples of accidents/incidents occurring within the events industry on a daily basis. If you don’t think it can impact your organization, think again. It is a matter of time and exposures before it does. Some recent examples include: a fatal stage collapse in Edmonton, 40 people injured in a hayride accident in Washington, a 12-year old run over by a parade float, and a bouncy house blowing over injuring 6. The number of incidents are staggering and each of these listed were preventable. If you continue to operate without set standards addressing risk you are playing with fire. You cannot identify every risk, but you can adapt your plan to mitigate it, essentially lessening the blow to your bottom line and image. Planners and venue operators must do a better job of developing and implementing fully developed risk management plans in order to ward off any potential ill effects resulting from real or perceived negligence on their part.

So what do you do? You are an event planner or venue operator trying to plan an event and now you have this to contend with---like you did not have enough on your plate. Don’t be alarmed, the last thing to do is sit and stew in fear doing nothing because it is overwhelming. Information is readily available to planners and venue operators and should be used. Listening to and asking you client questions is a great place to start. Historical data from previous events or reviewing similar ones might provide vital data as well. You could also contact insurance companies that specialize in events and talk to them about the risks associated with your type of event. Your insurance underwriter might even share claims data with you concerning past events. Don’t bank on the data though; sometimes the most telling story is the one that goes untold. Near misses are indicators of possible accidents/incidents. If you notice dozens of people tripping over an electrical cord and no one falls that does not mean that someone won’t. Don’t wait for the little old lady in a walker to come strolling by taking a head first plunge. Utilize recoding programs to capture that kind of information and train your staff to identify and eliminate situations like that. Remember, every event tells a story, you just have to invest the time listening to the message.

The final suggestion is to identify regulations and industry common practices that impact your event; easier said than done though, this takes time and training. The volume of regulations, standards, codes, ordinances, common practices, and permits that apply to many events are vast and change from location to location. Most event planners are not risk management experts and you should not pretend to be. There are those in the industry that have assumed the title of risk manager, but are lacking the qualifications and background to support it---a potentially devastating mistake. When an area exceeds the scope of the planner or venue operator it is time to contact a qualified expert in that field. However, if that falls outside of your ability or means there is something you can do. Besides ensuring the existence of contracts, insurance and security, the event planner or venue operator, at a minimum, should ask each vendor, book-in, operator etc., if there are special requirements for their respective operation and are they following the approved safety procedures for whatever it is they are doing. All rental companies (tents, stages, golf-carts, etc.), amusement ride/device operators, food and beverage vendors, and more must comply with specific regulations. Essentially, everybody working at your event should be following a set of rules. Word of advice---you want to see a copy of what they are following (manuals, polices, training guides, etc.). If they squirm or don’t have it---find another vendor.

One thing is for sure---the emphasis on risk management is not going away, in fact, some would say that it is just beginning. The media, both social and traditional, are highlighting the missteps of the event industry more and more. As a result, regulators and attorneys are paying more attention to the industry looking to capitalize on negligent acts. The increasingly competitive and international presence of the events industry warrants swift and decisive action regarding sound risk management measures. When event planners or venue operators contribute or are perceived to have contributed to a preventable accident/incident that results an injury and/or death it is difficult to rebound because of public perception. It is important to show and prove that you did everything you could.

Word of caution---as stated, you cannot identify or eliminate every risk, but at a minimum you should be aware of risks associated with your event based on prior incidents and should follow all regulations and practices in an effort to eliminate or mitigate those risks. If you are a planner or venue operator you should fully understand the requirements to host an event at each new location or venue. Some locations and larger venues will spell it out for you very clearly---in fact, you won’t be able to get much done until you comply. However, other locales are not as aware or forth-coming. A good place to start is with the fire marshal’s office at the location you are hosting the event, but don’t stop there. Event risk management is evolving and the requirements for a safe and successful event are changing. Don’t be a statistic, keep pace with the evolution and remain a competitive industry force with forward thinking.

Amusement Ride Industry: It’s the Riders Fault---Blog 4 of 4

In response to an article titled: Ride experts call 11-year-old Pleasantville girl's fatal fall from Wildwood's Morey's Pier Ferris wheel a freak occurrence---By RICHARD DEGENER and DAN GOOD

Rider error---James Barber, a former New York ride inspector and current industry safety consultant, was quoted in this article saying that “Maybe she panicked when she realized she was that high or maybe she was standing and the ride came to a stop.” Barber also stated: “It's a pretty unique accident.” This is another tactic used by the amusement industry---blame the rider. In this case---let’s blame an 11-year-old girl. People make mistakes in every setting, which on occasion, leads to negative and unintended outcomes. The amusement industry agrees to sell tickets to a wide range of people including those who may be unable to foresee, understand or comply with what is expected of them. The reality of the matter is that the industry is providing ride and device experiences that are unique to each rider. As a result, the industry and external agencies must contend with the fact that the combination of ride and device types, rider decisions, operator considerations, inspections practices, oversight, and design play a role in each incident. The industry is inviting guests to actively participate or be transported on numerous rides and devices of varying extremes. Each rider is unique and their experiences and knowledge with amusement rides and devices diverse (Gubernick, 1999). The amusement ride and device industry should accept this fact and recognize its obligation to address the uniqueness of the riding public and find ways to prevent incidents through better design, education and enforcement. The industry comes across as disingenuous with the continued emphasis on rider error considering the number of factors that result in an amusement ride or device incident/accident.

It is time for the industry to stop the game playing with the public. The public no longer wants to hear this message following an accident---“statistically speaking the amusement ride and device industry is one of the safest forms of entertainment.” That is neither an adequate nor an appropriate response following the injury/death of a patron. Do you want to be that statistic---an injured or dead one? An 11-year-old girl died while riding an amusement ride. Patrons no longer want to be blamed for what they may or may not know or understand. Below are example incidents that are similar to the situation discussed. The industry is fully aware of the problems associated with this type of device and have chosen to forego any meaning corrective action.

1. Woman, 60, in critical condition after fall from Ferris wheel (Friday, September 28, 2007) - At the Middle Tennessee District Fair in Lawrenceburg, Tennessee, a 60-year-old woman was seriously injured when she fell from the top of a Ferris wheel. The woman fell 30 feet from the top of the ride and landed onto spokes near the center axle of the wheel.

2. Boy, 3, injured in 25-foot-fall from Ferris wheel (Saturday, August 4, 2007) - At the State Line Heritage Days festival in Dayton, Ohio, a 3-year-old boy fell 25 feet from a Ferris wheel and landed on pavement. He suffered a fractured skull and was hospitalized in critical condition, but was expected to recover.

3. Boy, 6, dead after 90-foot-fall from Ferris wheel (Sunday, June 18, 2006) - At the San Joaquin Fair in Stockton, California, a 6-year-old boy died from injuries he suffered in a fall from a giant Ferris wheel. The boy was riding the 90-foot-tall ride alone, even though he was only 6 years old, and the gondolas are not equipped with seat belts or safety restraints.

4. Mentally disabled man rescued in Ferris wheel mishap (Tuesday, August 2, 2005) - At the Mississippi Valley Fair in Davenport, Iowa, a 31-year-old mentally disabled man panicked when his seat came to a stop at the top of a 50-foot Ferris wheel. He slid underneath his seat's lap bar in an apparent attempt to either jump from the ride or climb down to the ground. The man's caregiver, who was seated next to him, grabbed his arm and tried to pull him back into the seat, but lost her grip. The man then fell about 15 feet to the ride's hub.

5. Rider blames lap bar failure for Ferris wheel fall (Thursday, July 14, 2005) - The 48-year-old man who fell from a Ferris wheel at an Indiana carnival on Saturday is blaming the mishap on a faulty lap bar. The man says that, as he attempted to wave to his wife who was standing on the ground, he leaned on the lap bar with one hand and it opened. He fell 20 feet, hitting another gondola during his fall. He suffered a broken leg, a separated shoulder and head injuries.

6. Man falls from Ferris wheel at carnival (Saturday, July 9, 2005) - A 48-year-old man was hospitalized after he suffered a 20-foot-fall from a Ferris wheel at the Batavia Windmill City Festival in Batavia, Illinois. The man was riding with his nine-year-old daughter, who was not injured. According to witnesses, the man began to rock his car shortly before he fell. His injuries are not life-threatening.

7. Girl, 13, injured in fall from Ferris wheel (Friday, April 17, 2004) - At Joyland amusement park in Wichita, Kansas, a 13-year-old girl was seriously injured in a 25-foot fall from a Ferris wheel. The girl was riding with two of her friends. Witnesses say that the three were rocking their seat. The victim fell out, struck another seat, and fell to the ground. She sustained injuries to her right arm and leg, head and face.

8. Boy, 6, injured in fall from Ferris wheel (Saturday, March 20, 2004) - At the Tamworth Show in northern New South Wales, Australia, a 6-year-old boy suffered head injuries and a punctured lung in a fall from the top of a ferris wheel. The boy was hospitalized in critical condition. Reports indicate that the boy was riding with his father in a gondola near the top of the ferris wheel when he fell to the ground. "The ride had stopped while people were being unloaded when the man felt his son slipping away from him ... and the child fell to the ground," a police statement said.

9. Girl dies after fall from Ferris wheel (Monday, July 15, 2002) - A 15-year-old girl who suffered severe head injuries in a 30-foot-fall from a Ferris wheel at Gulliver's World theme park in Warrington, England on Saturday has died from her injuries.

10. Boy injured in fall from Ferris wheel (Monday, May 20, 2002) - A nine-year-old boy was injured in a 25-foot fall from a Ferris wheel at Wicksteed Park in Kettering, England after his safety bar somehow opened. The boy was hospitalized with minor injuries. His 14-year-old brother also fell from the ride, but managed to cling to the side of the car until he was safely brought to the ground.