The top 20 waterpark risk exposures.

As with any business, waterparks contain a certain amount of risks; but operators and park staff stay current with health and safety information should be able to reduce many of the "risk exposures" in their parks. And in today's amusement business environment, many operators are finding that they can control costs and business expenses effectively by reducing profit losses that result from personal injuries to guests or employees, insurance liability issues, and fines that result from noncompliance with state or federal laws.

Glynn Barclay & Associates (GBA), a company that has performed more than 2,400 risk management surveys, has seen a fairly consistent pattern of risk exposures in waterparks over the past few years. We have found that 66% of all risk exposures are attributed to operational oversights, mistakes, and/or staff ignorance. Only 33% of all risk exposures are attributed to physical plant/structures malfunctions. Some risk exposures can be attributed to changes in local codes, state and federal laws, or industry standards, over which waterpark owners and staff have little influence. However, they do have the ability to implement changes and corrections immediately.

In order of frequency, here are the top 20 risk exposures:

20. MSDS 

It is a federally mandated requirement that Material Safety Data Sheets (MSDS) be available to employees during hours of operation. Manufacturers of chemical products are required to provide you with MSDSs at no charge on request. The MSDS describes the product, its chemical composition, and the appropriate emergency response actions to be taken if a person comes in contact with, swallows, or inhales the product. MSDSs should be posted in all areas where chemicals are used or stored. A right-to-know information station is an obvious and accessible way to post MSDS information.

19. Chemical Storage

Unsecured compressed air or gas cylinders are a common risk exposure found in waterpark food concession areas. In most waterparks, there are compressed gas cylinders containing [CO.sub.2] for sodas, helium for balloons, and/or acetylene for welding. If a compressed air or gas cylinder should fall over and the neck valve is broken, the potential propulsion of that cylinder has the explosive power to be launched through reinforced concrete walls like a torpedo. It is simple and inexpensive to install a secured restraining chain around a cylinder and avoid such a potentially catastrophic loss.

Another common problem is the improper storage of flammable or volatile materials in plastic containers. We would estimate that 80% of the waterparks that GBA visits store gasoline in plastic containers that are approved for home or private but not business or commercial use. American Society of Testing and Materials (ASTM) standards and national fire prevention codes state that all flammable or volatile materials should be stored in an approved metal container. Furthermore, to protect property and investment, all flammable materials -- such as solvents and paints -- should be stored in a fireproof storage unit and not in an office storage cabinet.

18. First Aid Kit

An adequately stocked first aid kit, including latex rubber gloves, face/mouth shields or masks, and a first aid treatment guide -- should be maintained.

17. Tripping Hazards

Tripping hazards cause many of the accidents that result in claims to the insurance company. Daily self-inspection of the physical grounds and prompt follow-up by staff can eliminate the majority of trip hazards in a waterpark. Enforcement of "no running" rules by staff also will help reduce the number of such accidents.

16. Accident/Incident Report Forms

Most waterparks do not have accident/incident reporting forms that provide vital information about the accident. However, this information -- which includes time of injury, severity of injury, time of day, accident sequence of events, task and activity at time of accident, posture of the victim, supervision at the time of the accident, etc, -- is critical and can be invaluable in investigating accidents when preparing to defend a lawsuit.

An accident report should collect data about the victim and accident; rescue, assistance, or first aid given; medical treatment; administrative requirements, such as supervisor signature; copies filed in the office, etc. Finally, have an attorney and your local EMS review the form.

15. Condition of Equipment

Equipment upkeep is a constant chore. But failure to maintain equipment can be costly. The one piece of equipment commonly not maintained is the first aid kit. Staff failure to restock the first aid kit can compound problems when an accident occurs. Other pieces of equipment that commonly lack upkeep include safety equipment, picnic tables, toilet facilities, frayed electrical cords, and worn carpets.

14. Water Depth Marker on Deck/Walls

The water depth of any type of pool or body of water should be marked on the coping and deck surface. The pool should display -- at the minimum -- every 25 feet or depth change of six inches in large, clear, easy-to-read markings.

13. Electrical Hazards

Many waterparks do not have Ground Fault Circuit Interrupters (GFCI) in electrical outlets within six feet of a ground source. The National Electric Codes (NEC) require that every electrical outlet within sixfeet of a ground source have a GFCI installed. in most facilities, GFCI should be installed in the outlet(s) near the sink in the concession and/or cooking area, the bathrooms, and in the shop where electric tools and equipment are used.

Lack of child-proof plugs in electrical outlets in public areas is a problem. Small children are prone to do things such as sticking objects into an electrical outlet. It is relatively simple and inexpensive to install protective covers -- such as the plastic plugs -- in electrical outlets in all public areas. These outlets should be checked daily to insure continued protection.

12. Contrasting Color(s) on Underwater Steps

Underwater steps should have a two-inch contrasting-color stripe on the leading edge of each step.

11. Guest Access in Non-Public Areas

Waterparks usually have several storage or non-public work areas which may contain potentially dangerous materials or equipment. Simply shutting the door or gate is not enough if someone is able to gain access to such an area and is injured. There should be warning signs on all doors to non-public areas indicating that the area is not an exit or public area. All non-public areas should be restricted from public access. These areas include chemical storage, pool pump/heater rooms, safety and maintenance equipment rooms, administrative offices, work rooms, kitchens, and supply rooms.

10. Safety Checklist

Every waterpark operator says he or she has a regular set of procedures that they consider a daily checklist. However, relatively few operators consistently use a daily written form to document and demonstrate staff accountability that a procedure or action occurred or do not occur. If a waterpark is summoned in a court of law as a result of a maintenance problem, the plaintiffs attorney will require evidence. Failure to provide written daily inspection checklists in court is similar to failing to provide receipts to the IRS.

9. CPR/First Aid Training

Many waterpark operators are afraid to render any type of first aid to guests for fear of doing the wrong thing and being charged with negligence. However, most people expect that employees have some knowledge of basic first aid. Doing nothing in an emergency can be far more damaging than covering the basics. We suggest you have at least one employee per shift trained in basic first aid or CPR. Remember that it is just as important to know what not to do in an emergency as to know what to do.

8. Fire Extinguishers 

A fire extinguisher should be properly charged, mounted/positioned, tagged, and inspected by an authorized company on a regular basis. Employees should be trained on how to use an extinguisher to put out a fire and when to run to safety.

7. Training Employees

Lack of written, implemented, and regularly scheduled employee training programs can prove very costly in an emergency. Employees need to know what to do. Employee training should include at the least -- a hazardous materials handling/communication program, emergency situation and response training, and bloodborne pathogens training. The hazardous materials communications and bloodborne pathogens training, it should be noted, are required by the Occupational Safety and Health Administration (OSHA).

6. Condition of Fencing and Gates

The perimeter of attractions should be fenced securely to reduce the chance of unauthorized access. The fence should be eight-feet tall, without any holes, gaps, or other points of unauthorized entry. Locks should be checked regularly to ensure that they are in good working order.

5. Standards of Performance

A written standard of performance is a method used to judge an employee's performance. The legal standard of "supervisory responsibility" dictates that a supervisor should recognize the need for firing an employee. The prudent supervisor will provide written standards of performance on each employee so he or she can recognize and document the need to dismiss an employee.

4. Job Description

The law tells managers that they are always responsible for their employees' actions unless the employee was doing something not assigned in the job description. This means that everyone in a facility should know and act within the limits of their prescribed job. The best way to accomplish this is through the use of job descriptions, which can help managers show exactly what each employee is in each job assignment.

3. Standard Operating Procedures 

Management can breach their "supervisory responsibility" (a legal standard) by having unclear establishment and/or enforcement of safety rules and by not developing and implementing written standard operating procedures. Without such a document, employees must rely on their memories. Although they may complete the chore on time, they may react only to situations rather than prevent them. A standard operating procedures manual will give management the opportunity to think through the policy or procedure and determine the most reasonable, prudent course of action. And the manual will provide evidence in court that established procedures are developed and carried out at the facility.

2. Insufficient or Inadequate Signage

Clear and concise signage prominently displayed is a must at a waterpark. Signage experts suggest using highway type signs around waterpark attractions with contrasting colors such as red and white or yellow and black. Likewise, diamond or octagonal shaped signs may also be used to convey danger. Pool signs -- using similar shapes and colors to those used on highways -- might be more easily recognized by swimmers.

1. Emergency Action Plans

Almost everyone knows to call 911 in the event of an emergency. However, people frequently get excited and react in unusual ways to emergency situations. Waterparks entertain large numbers of guests, and staff should be well trained to react promptly and efficiently to a wide range of potential emergency situations. You should have clear and effective written emergency action procedures posted in visible locations in your facility, such as the employee check-in area, near the telephone, near the first aid kit, and in the office. Prompt response to an emergency can save lives and money.

The rapidly changing nature of the aquatic industry and the sheer volume of information that business owners must digest and implement can present an overwhelming challenge. However, knowledge of potential sources of loss can add profit to the bottom line and enhanced fun and safety for customers.

Author's Note: Special thanks to Steve Hix, executive director of the International Recreational Go-Karting Association, for his assistance in writing this article.