Md. Code Regs. 09.12.60.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.12.60.08 - Injury Reporting and Recording

A. Injury Reporting.

(1) Whenever a death, in-patient hospitalization, amputation, compound fracture, broken tooth, or loss of an eye occurs during the use of an amusement attraction:

(a) The person who directly controls the operation of the amusement attraction shall immediately close the amusement attraction until it has been inspected by the Commissioner; and

(b) The amusement owner shall report orally or in writing to the Commissioner within 24 hours:

(i) Date and time of the incident;

(ii) Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor;

(iii) Age of the injured person;

(iv) Name and manufacturer of the amusement attraction;

(v) Description of the injury;

(vi) Description of events related to the incident; and

(vii) Name, address, and phone number of the amusement attraction operator and attendants.

(2) If an owner is unaware of the condition of a member of the public injured during the operation of an amusement attraction who was transported away from the premises by an emergency response vehicle, the owner shall report verbally to the Commissioner within 24 hours the information required in §A(1)(b) of this regulation.

B. Injury Recording.

(1) In addition to the reporting requirements of §A of this regulation, all owners shall maintain an injury log of all injuries to the public that occur during use of amusement attractions that require medical treatment by a physician other than one-time first aid and does not include:

(a) An injury that does not ordinarily require medical treatment, such as a minor burn, splinter, contusion, scratch, or cut not requiring stitches; or

(b) A diagnostic procedure, including examination and x-ray, even though provided by a physician or other licensed professional personnel.

(2) The injury log shall contain the following information:

(a) Company name;

(b) Location;

(c) Date;

(d) Certificate number;

(e) Type of amusement attraction;

(f) Nature of incident;

(g) Description of injury;

(h) Age of injured person;

(i) Last known condition of injured person, including date information obtained; and

(j) Date added to log.

In addition to the requirements in COMAR 09.12.60, all other amusement attractions covered under this subtitle not included in Regulations .05 -.07 of this chapter shall comply with the requirements under COMAR 09.12.62.

(3) Each injury required under this section and §A of this regulation, shall be recorded on the injury log within 7 calendar days and updated as additional required information becomes available.

(4) A copy of a sample injury log is available on the Department's webpage.

(5) An owner shall maintain injury logs on a calendar year basis beginning January 1, 2023.

(6) Beginning January 1, 2024, an owner shall certify the completeness and accuracy of the information contained on the injury log by January 15 of the following calendar year.

(7) Beginning January 1, 2023, an owner shall provide access to prior years', and the portion completed for the current year, injury log to the Commissioner.

(8) Each owner shall maintain, and make available for inspection by the Commissioner, an injury log for 5 years.

Md. Code Regs. 09.12.60.08

Regulations .08 amended and recodified from 09.12.62.08 effective 49:21 Md. R. 933-968, eff. 11/1/2022