72-16-306. Reporting and shutdown for certain injuries.
(1)
Terms Used In Utah Code 72-16-306
Amusement ride: means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement. See Utah Code 72-16-102
Owner-operator: means the person who has control over and responsibility for the maintenance, setup, and operation of an amusement ride. See Utah Code 72-16-102
Reportable serious injury: means an injury to a rider that:
(a)
occurs when there is a failure or malfunction of an amusement ride; and
(b)
results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture. See Utah Code 72-16-102
Serious injury: means an injury to a rider that:
(a)
occurs when there is a failure or malfunction of an amusement ride; and
(b)
requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician. See Utah Code 72-16-102
(a)
An owner-operator shall report each known reportable serious injury to the director within eight hours after the owner-operator learns of the reportable serious injury.
(b)
An owner-operator shall include the following information in a report described in Subsection (1)(a):
(i)
the owner-operator’s name and contact information;
(ii)
the location of the amusement ride at the time the reportable serious injury occurred;
(iii)
a description of:
(A)
the amusement ride; and
(B)
the nature of the reportable serious injury; and
(iv)
any other information required by rule made under this chapter.
(2)
(a)
In addition to the requirement described in Subsection (1), an owner-operator of a mobile amusement ride shall report each known reportable serious injury and serious injury to the fair, show, landlord, or owner of the property upon which the mobile amusement ride was located at the time the reportable serious injury or serious injury occurred.
(b)
After a reportable serious injury, the owner-operator may not operate the mobile amusement ride until the owner-operator receives written authorization from the director or the director’s designee as required by rule made in accordance with this chapter.
(3)
For purposes of Title 63G, Chapter 2, Government Records Access and Management Act, a report to the director described in this section and any record related to the report is a protected record as defined in Section 63G-2-103, except the ride description, the owner-operator, the location of the amusement ride at the time the reportable serious injury occurred, and the general nature of the reportable serious injury.
Amended by Chapter 354, 2020 General Session Amended by Chapter 423, 2020 General Session
