Ski Area Safety and Liability Act
Let’s suppose that a judge in your state hands down a ruling in a ski injury liability case which in so many words states that you, Mr. Ski Area Operator, are fully responsible for the actions and safety of every skier using your facilities. Far fetched? — not really, in this age of consumerism and “give ’em the store” attitude existing today.
If in fact this did happen in your state, how do you think the insurance underwriters would react, keeping in mind that we have a proliferation of two companies writing most of the ski area coverage today. Conceivably they might do one of two things: drastically increase your premiums necessitating a “substantial increase” in your lift tickets, or, God forbid, write no coverage at all.
Unfortunately this hypothetical case is the real world your’re doing business in today, and this problem must be taken seriously by every ski area operator in the nation. We caution you not to take the attitude that this couldn’t happen in your state. Actually our problem is not much different than the malpractice insurance problem which the doctors in the nation have today.
The next logical question is what is NSAA doing about this and what can you do to help. Being realistic we know the social system is not going to change rapidly, so the answer is legislation on the books in your state spelling out your responsibilities to the public as area operators and, most importantly, the responsibilities and the risks which the public must assume when they ski at the areas in your state. As an industry we have already made great strides in this direction by establishing tramway codes in most of our skiing states.
Several months ago, NSAA and the insurance companies writing ski area coverage could see these problems on the horizon. We went to work to develop model legislation (which we have been talking about frequently the past several months) for a Ski Area Safety and Liability Act that could be used as the framework for introducing legislation in your state. Last winter, NSAA solicited advice from all of our member areas on what they thought were the responsibilities of the skier, and we received many constructive replies. With this input we went to work with excellent legal council that was thoroughly familiar with both the problems and the NSAA Insurance Plan Managers. The result was the Model Legislation we developed and circulated to state and regional association executives urging them to give this project top priority. If your state association is not yet working on this project, you should find out why not and get involved to get things moving.
Here are some basic recommendations:
- Your state Association should appoint a special committee of responsible ski area operators to see this project through.
- Your Association should retain the services of a good attorney who is familiar with and respected by your legislators and knowledgeable in drafting legislation. This costs money, and more than likely the areas in your state will have to come up with a special project fund. It’s important to do so.
- Have your attorney use the Model Legislation as a guideline in drafting his legislation. Fully realizing that you don’t want or need a state government agency getting involved in the activities out on your slopes, Section 7 of the Model Legislation reads as follows:
Passenger Tramway Safety Board (or Commission): There shall be a Tramway Safety Board (or commission) established as a division (or bureau) of the (Department of Safety or other major agency) for the purpose of regulating the design, construction, maintenance, operation and inspection of passenger tramways. THE AUTHORITY OF SUCH BOARD (or Commission) SHALL NOT EXTEND TO ANY OTHER MATTER RELATIVE TO THE OPERATION OF A SKI AREA.
Realizing that most states already have Tramway Boards you should still keep this language in your bill. It is most important that the last sentence of Section 7 remain in your legislation. - Your legislation should be introduced by a respected and influential legislator who will take a personal interest in sponsoring your bill. Possibly one or more operators in your state know a legislator who is a friend of the ski industry and who recognizes the problem.
- The next ingredient is patience and persistence. Legislative committees are apt to cut away and amend your bill extensively. Your attorney and Committee has to watch the bill extremely closely to be certain the important provisions are kept intact and that amendments are not made that could be detrimental to your area operators. Once your bill is introduced, every area operator in your state and their business allies must get politically involved with their representatives to assure passage of the legislation. Be sure your special committee keeps all area operators informed so you are talking the same language.
NSAA stands ready to assist in every way we can. Again, we urge you to get involved with your state association on this important issue.
Presidential Byline
Let’s Invent an Organization or The State of the Onion Message!!
Remember several years ago there was a song about the plight of “a lonely petunia in an onion patch”? I can’t recall exactly the petunia’s problem but whatever it was, the ensuing years surely would have compounded it. It’s enough to bring tears to your eyes when you consider the complications the last decade has produced. Certainly most contemporary developments have created a business climate that puts the ski area operators in a position reminiscent of that of the petunia. The greatest proliferator of odious conditions is of course “Big Brother”. Unfortunately, ski area operators are traditionally self-reliant individuals and consequently find it difficult to comprehend certain aspects of modern life. Some for instances: 1. People don’t know how to live their own lives so politicans and bureaucrats must regulate everything; 2. If someone is involved in an accident, no matter who’s at fault, they must be rewarded for getting injured; 3. A smaller vocal minority is more influential than a large silent majority; 4. Self-reliance and initiative are not as common as dependence on a welfare state; and activities such as skiing which merely provide physical and psychic recreation must be considered non-essential and superfluous. Get the picture? Ad infinitum, ad nauseum.
It’s one thing to bemoan the overall general sad state of affairs, and certainly no one needs an enumeration of the multitude of specific problems, but how did things get like this and what, if anything, can be done? Rest assured the historians and social scientists will fully reflect on the political conditions and considerations of our time. They will probably also do an adequate analysis of the technological implications. The Government will undoubtedly fund studies related to the socio-economic inter-relationships of the physio-physiological manifestations with demographic variances. Suffice it to say that the level of sophistication being applied to some problems is approaching a state of “overkill”. However, we would be naive to expect that things aren’t going to keep changing. You have all heard the expression that the only thing constant is change. The problems of coping with change were very effectively addressed at the NSAA convention at the Broadmoor in 1976. No one can argue that laying a ruler on a topo map used to get the job done in planning a new lift line. But we also know that there were too many instances where development didn’t apply an adequate degree of sensitivity with regard to environmental considerations. As consumer awareness grew, too many of us failed to recognize the implications for our business. Speaking of skiing as a business, John Fry, of SKI Magazine, has pointed out that skiing is fundamentally a sport and that too often we fail to emphasize that.
It is one thing to be aware of the problems but how do we try to grapple with them? Each individual involved with the operation of a ski area must take an introspective look at his attitudes with respect to the operation of his facility. Nothing will hurt the industry as badly as an operator who doesn’t have a sincere desire to run his area in the best possible manner. Safety, ecology, customer relations, pulic affairs, community involvement, etc. must be an integral part of our business activity.
Once we’re confident that we’re doing our best at that level, we can start trying to cope with the onions. Many problems affecting your success can best be dealt with through “local” organizations. Chambers of Commerce, citizen action groups, state and regional trade associations can all be effective. But there are many issues that can only be addressed through a national organization. The areas operating on federal lands have long been aware of such a need. In 1975 the energy crisis dramatically demonstrated the value of our National Association. Energy is probably going to be our primary concern in the next decade, far more so than insurance or environmental issues. That doesn’t mean that we still won’t have the other problems plus some that have yet to be created, but in order to deal effectively with these types of issues we must have an appropriate organization.
I submit that if the NSAA did not already exist we would all get together and create it. Well, now that we have it, what shall we do with it? It’s your association, and as imperfect as these types of democratic organizations are, they are only as good as the membership makes them. There is always some frustration in trying to be all things to all people, but to the extent that the problems can be defined, appropriate actions are pursued. One example of a dilemma is our national convention. This magazine has been editorially critical of our choice of convention sites but in a very positive manner. We not only welcome this type of input, we solicit it. As a business you must constantly assess the costs facing you. Your membership in NSAA is certainly susceptible to such scrutiny and therein lies the real issue. We must have a national organization. It has to be responsive to your concerns to justify the dues, and it’s up to you to let us know what you want from NSAA. The invoices have been sent for dues. When you send your payment also send us your opinions so that the one-tenth of one percent of your winter lift receipts will continue to be a truly valuable investment in the future of skiing.
National Marketing Efforts Benefit Members
The NSAA is actively involved in several major marketing efforts this Fall that members can include in their own marketing plans starting right now.
SIA Film Distribution
NSAA is sharing the distribution costs for Ski Industries of America’s new feature film, “Skiing Is Believing”, recently released for general viewing. Copies of this 16mm, 24-minute promotional film are available for purchase for $100 through the SIA offices. Checks should be mailed to “Skiing Is Believing”, Box 2270, Peabody, Mass. 01960.
“Skiing Is Believing” will receive wide national distribution. According to SIA marketing director David Ingemie, distribution is set via Modern Talking Pictures, Bandera TV Productions and Sports World Cinema. He estimated 10 million viewers this season.
The SIA’s and NSAA’s previous promo film, “Invitation to Skiing”, remains in circulation through Modern Talking Pictures. Confirmed audience for the film during the past two years is over a half million viewers.
Public Service Spots
Planned Communications Services of New York is now arranging TV distribution for NSAA’s new Public Service Announcement featuring astronaut Wally Schirra. Last season, over 300 stations used the PSA starring Buddy Hackett. Endorsed by the President’s Council on Physical Fitness and Sports, the 60-second spot emphasizes Schirra and other skiers having a good time while getting important exercise. Skiing as a healthy activity is portrayed.
New this year, the NSAA is circulating the voiceover of the Hackett PSA and using the Schirra audio portion of the current PSA for use on radio stations around the nation.
NSAA Board Meets in Washington
On Sept. 29, the NSAA Directors were in Washington D.C. keeping pre-arranged appointments with their senators and congressmen to discuss issues of importance to the ski industry. Among the issues discussed with Washington lawmakers were future energy policies, the S. 1338 Lease Reform Bill and the proposed amendments to the Fair Labor Standards Act that would eliminate “seasonal exemptions”. These face-to-face meetings to voice industry concerns went a long way toward increasing our visibility at the federal level.
The following day the NSAA Directors held the Fall Board meeting in the nation’s capital. Because details of the meetings were not available by the copy deadline for this issue of SAM, a full report will appear in the NSAA newsletter.
NSAA and SIA Boards Meet
On the afternoon of Sept. 30, the directors of the National Ski Areas Association and Ski Industries of America met jointly to discuss issues of mutual concern. Only once before, approximately ten years ago, have the two industry boards come together.
U.S. Ski Team Days, 1978
NSAA member areas across the country are signing up for the second annual U.S. Ski Team Days, the pin sales program which benefits the U.S. Ski Team and and local racing programs. This year’s program has been simplified for easier administration by the ski areas.
Coca-Cola will again supply participating areas with identification bibs and new, attractive posters to promote the event, to be held on selected dates between Jan. 1 and April 15.
Regional Trade Shows Scheduled
Plan now to attend the NSAA Winter Trade Show in your region of the country. The very latest snowmaking equipment from all of the leading manufacturers will be demonstrated.
The schedule is as follows:
DEC. 4-6, 1977 — KEYSTONE, COLO.: Extensive snowmaking demonstrations will be conducted at this show. Room reservations must be made at once by calling the following numbers: In-state: 800/332-8037. Out-of-state: 800/525-5897.
JAN. 16-18, 1978 — MOUNT SNOW, VT.: This trade show is being held in conjunction with the annual meeting of the Eastern Ski Areas Association. For room reservations call 802/464-8501.
JAN. 31-FEB. 1, 1978 — PINE KNOB, MICH.: This show will be held in conjunction with the Winter Meeting of the Central Ski Area Association. For room reservations call 313/338-6131.
