§ 139.11. Accident reporting.
(a) Report required. An owner or lessee shall file an accident report with the Department with respect to any accident which results in death or serious injury or illness as a result of the operation of an amusement ride or amusement attraction. The accident report form shall be faxed or delivered to the Department, at the address or fax number in § 139.14 (relating to contacting the Department), within 48 hours after the owner, lessee or operator is aware of the death, serious injury or illness. The reporting requirement described in this subsection applies from the time the owner or lessee acquires knowledge that such a death has occurred, or that the injury or illness is a serious injury or illness, as that term is defined in § 139.2 (relating to definitions) and section 2 of the act (4 P. S. § 402).
(b) Accident report form. An accident report required under the act and this section shall be made on a form provided by the Department. The accident report form may be downloaded from the Department’s web site, or a supply of accident report forms may be obtained from the Department by request directed to the Department in accordance with § 139.14. The following information shall be included in an accident report:
(1) The name and address of the operator of the amusement ride or amusement attraction at which the death or serious injury or illness occurred.
(2) The name and address of the owner or lessee of the amusement ride or amusement attraction at which the death or serious injury or illness occurred.
(3) A description of the ride involved, including registration number, name of ride, manufacturer and manufacturer’s serial number.
(4) A detailed description of the incident giving rise to the death or serious injury or illness.
(5) The name and address of the dead, ill or injured person.
(6) A general summary of the apparent illness or injuries sustained by each dead, ill or injured person.
(7) The names and addresses of all known witnesses to the incident giving rise to the death, illness or injury.
(8) The signature of the owner or lessee, verifying the accuracy of the injury report form subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(c) Duty of owner, lessee or operator to close ride or attraction pending inspection.
(1) When a death, a serious injury or illness or a fire occurs as a result of an operation of an amusement ride or amusement attraction, the owner, operator or lessee shall immediately close the ride or attraction until it has been inspected and declared safe by a qualified inspector.
(2) If the serious injury described in paragraph (1) results in death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, the required inspection shall be performed by a qualified inspector who is an employee of the Department, and the ride or attraction may not be reopened until it has been inspected and approved to reopen, in writing, by the Department.
(3) If the serious injury described in paragraph (1) results in death, the ride or attraction may not be reopened until the written approval described in paragraph (2) is obtained and the ride or attraction is declared safe by the insurance company of the owner. This declaration shall be by writing delivered to the Department.
Source The provisions of this § 139.11 amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6843. Immediately preceding text appears at serial page (276968).
Cross References This section cited in 7 Pa. Code § 139a.57 (relating to site operating manual).
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