Accident; Reporting of Injuries/Death

PURPOSE: This rule specifically outlines the responsibilities of the amusement ride owner/operator, the Division of Fire Safety and the contracted inspector(s) when an amusement ride accident occurs. (1) When any serious physical injury, serious incident or any death occurs as a result of an amusement ride— (A) Unless authorized in writing by the division, no amusement ride subject to the provisions of this Act may be operated, moved, altered, repaired, or tampered with, except to protect life, limb, and property after such injury or death occurred until the inspection/investigation is completed; (B) Immediately after such occurrence the owner shall notify and provide an initial accident report which involves a serious physical injury, serious incident or death to the Division of Fire Safety, Office of the State Fire Marshal by— 1. Requesting local law enforcement agency or local fire service agency to contact the Division of Fire Safety, Office of the State Fire Marshal; or 2. Telephoning the Division of Fire Safety, Office of the State Fire Marshal; (C) Within twenty-four (24) hours after receipt of any such report, the Division of Fire Safety, Office of the State Fire Marshal shall cause an investigation of the occurrence and an inspection of the ride to determine the cause of such serious physical injury, serious incident or death and perform the inspection/investigation in a manner that proceeds with all practicable speed and minimizes the disruption where the ride is located; (D) The division, or its designee may enter into any place or upon any premises where such accident occurred; (E) The amusement ride owner shall provide the qualified inspector or the director’s designee all information or facts known as to the cause of such accident. (2) Nothing contained in this section shall be construed as limiting or otherwise affecting the liability and responsibilities of an amusement ride operator. In addition, nothing in this section shall be construed as limiting or otherwise affecting the responsibility and liability of an amusement ride owner/ operator to provide reasonable supervision for riders. (3) Within seven (7) calendar days upon completion of the accident inspection/investigation, the inspector shall provide to the division an incident report stating the findings and conclusions of said inspection/investigation. AUTHORITY: section 316.206, RSMo 2000.* Original rule filed March 1, 1999, effective Sept. 30, 1999. Amended: Filed April 2, 2003, effective Oct. 30, 2003. *Original authority: 316.206, RSMo 1997.