Let's back up a bit. Clearly I have missed some of the conversation as I spent the weekend out riding roller coasters instead of posting to CoasterBuzz (Ravine Flyer II is an excellent ride, by the way...).
Let's start with what we agree on:
a) Rides must be inspected daily by qualified inspectors. For what it's worth, this is a requirement of ASTM F 770-06a:6.3.
b) Rides should be inspected by the jurisdictional authority. For what it's worth, this is a requirement of KRS 247.234.
c) Rides must be maintained in accordance with the manufacturer's specifications. For what it's worth, this is a requirement of ASTM F 770-06a:6 not to mention KAR 16:020ยง5
d) For whatever reason, the Kentucky Kingdom ride did not comply with (c), above. Lapses in (a) and/or (b) are clearly indicated.
Now here is the problem:
Ed Markey's bill, which has reached various stages in the United States House of Representatives but never passed into law or even passed by the House in each of the last ten years, has two basic provisions.
1) Remove from the Consumer Product Safety Act the language which specifically exempts fixed-site amusement rides from CPSC jurisdiction
2) Increase the CPSC budget by some amount (which changes with each re-introduction of the Act).
Now, let's consider the fact that the CPSC already has jurisdiction over mobile amusement rides, such as the one that collapsed in California this weekend (California, by the way, also has a strong inspection program for mobile rides, so with two different levels of government overseeing the ride, something still managed to go wrong). What exactly does this mean, and what would it mean in the Kentucky case?
The CPSC is responsible for protecting the public from hazardous consumer products. They are NOT, however, responsible for auditing product design or operation to insure product safety. There are far too many products introduced to the market for the CPSC to do that, and to approve all new products would essentially bring new product development to a halt. So the CPSC employs a more effective methodology for rooting out bad products: they investigate known product failures. When an injury is traced to a particular product, the CPSC investigates and attempts to determine the proximate cause of the incident. If that cause turns out to be a design defect in the product, a recall is issued and the manufacturer is enjoined to come up with a fix. Or if there is nothing wrong with the product, the manufacturer may be required to change the product packaging, warnings, instructions or other details to make sure the consumer is warned against the possible injuries associated with the misuse of the product. As you can imagine, they apply a similar methodology to amusement rides, sometimes with mixed results.
What that means in the case of the Kentucky Kingdom drop tower is that absolutely nothing would have changed in the situation in which Kaitlyn L. was separated from her lower extremities. The biggest difference is that following the incident, the CPSC would come in and say, "Hey, there's something wrong here!" and would request the shut-down of all similar drop towers pending the outcome of their investigation. The CPSC would conduct an investigation, and assuming that the allegations of improper maintenance are correct, would probably issue a bulletin telling all the owners of similar towers to immediately inspect their rides, and to perform maintenance as described in the maintenance manual. Ms Kaitlyn would still be justifiably upset (I can't resist saying, "hopping mad" even though it is incredibly poor taste...), the current proceedings would still be going on, and the only change in this conversation would be that we'd be arguing about whether the CPSC is effective at investigating amusement ride incidents or not. What DID happen was that every owner of an Intamin drop tower (including Kennywood, which is the one tower ride owner in the US not associated with a chain of parks that has more than one) shut its ride down and performed a detailed inspection on the wire ropes and sheaves. From news reports, we know that Cedar Fair found problems with the ropes on the tower at Carowinds, and I would assume that was not the only park where problems were found and presumably fixed.
To put it another way, the proposed legislation is a fix for a problem that does not exist. What Raphael is alleging...and what I think the rest of us might even agree with...is that another problem does exist in the enforcement of the existing maintenance standards. The thing is, nobody has yet introduced any legislation that would solve the problem that DOES exist.
--Dave Althoff, Jr.