POB #99-13 September 1999

SKI AREA – SKI PATROL UNDERSTANDINGS

John Clair, National Chairman

David Olson, National Legal Counsel

The NSP Board of Directors have spend a considerable amount of time at recent meetings discussing the need for Patrol Representatives to have a dialogue with their area manager about issues that define the relationship and responsibilities between the patrol, its members, and the ski area they serve. These discussions are absolutely necessary to avoid future problems due to a lack of understanding or ambiguity in the roles and responsibilities of the two parties. When implemented this dialogue should:

1. Identify the individual roles and responsibilities of local volunteer ski patrols and the ski areas at which they provide patrol services.
2. Protect NSP and member patrollers from unwanted liability arising from a lack of knowledge or understanding.
3. Foster communications and a stronger working relationship between volunteer patrols and area management.
4. Identify gaps in understandings and areas for improvement.
5. Provide a basis for communicating information to individual patrollers about the local situation so that patrollers may make informed decisions about the levels of risk that they will be expected to accept while patrolling at their area.

The importance of this dialogue was addressed in the National Chairman’s commentary in the Winter ’99 issue of ski patrol magazine. The National Legal Committee also discussed the subject in the fall of 1998 and at the annual meeting this summer the NSP Board approved sending NSP Patrol Representatives a list of talking points for discussion with area management.

In discussions on this subject there has been little, if any, disagreement over the need for this kind of communication between management and volunteer ski patrollers. The concerns expressed have centered on how to have the dialogue, what must be discussed, and how to facilitate the discussion between the patrol representative and area manager in a positive constructive way. Many ski patrols will be able to have new dialogues or continue existing dialogues with their management without any assistance. We need to evaluate and determine what additional tools may be needed to assist those who encounter difficulty.

The following points are presented as suggested discussion items for patrol representatives to use in their conversations with area management, if they are needed in your local situation. These are not mandatory, and should not be seen as a confrontation or inquisition of area management. They are suggestions regarding areas of concern to volunteer patrollers. The important thing is that you do discuss any issue or concern with management to avoid misunderstandings.

The reasons for each point should be evident. Each relates to some critical part of the patrol-ski area relationship that should be fully understood by both parties. In reviewing the talking points, ask yourself what possible consequences would result if the volunteer patrollers and area management have diametrically opposed understandings about one of the topics. For example, lift evacuation is the responsibility of area management, but if management believes it is the ski patrols responsibility, or the NSP’s responsibility, and nothing is done to correct that misunderstanding, a very complicated and unpleasant legal situation may result if there is an accident involving the lifts.

The critical point is that some discussion between the patrol and management must take place to eliminate or avoid such misunderstandings. It is in the best interests of both parties to have these discussions, as they become the basis of common mutual understandings and excellent working relationships.

Suggested Patrol/Management Discussion Points

Ski Area Operations

(A review of sections 2.1.9, 2.2,3.2 and 3.3 of the NSP Policies and Procedures will be useful prior to any discussion with management.)

• Area management’s approval of the NSP Patrol Representative.
• The volunteer patrol’s and the ski area’s understanding of the principles stated in the NSAA – NSP Joint Statement of Agreement and the conduct of patrol operations under the supervision of ski area management and its policies and procedures. The agent versus employee relationship of a volunteer acting on behalf of the area including: roles and responsibilities, policy and implementation of lift evacuation, accident investigation, and reckless skiers.
• An understanding of the area’s requirements for training, skill maintenance, maintenance of NSP educational requirements adopted by area management, duty requirements, retention of membership, and any benefits or privileges accorded.
• Area management’s policy, qualifications and procedure for the screening, selection and training of new patrollers.
• Area management’s role and delegation of responsibility for legal or regulatory affairs including training in such areas as OSHA requirements for bloodborne pathogen exposure control plans and fall protection.

Insurance Coverage for Volunteer Ski Patrollers

• Area management’s understanding of NSP liability coverage for conducting specifically approved NSP courses. An understanding by area management and the patrol of what each other’s responsibilities and coverage are for specific activities.
• The limits, scope and requirements of the ski area’s liability and workers compensation coverage (if applicable) as applied to volunteer patrollers, including injury reporting and claims procedures.

The NSP national staff encourages patrol representatives who use the discussion points included herein as part of their discussions with area management to communicate their successes and any difficulties with the process to their Division Director to assist in the evaluation and further development of the information and resources needed for future dialogues.

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Go on to POB #99-19, NSP Patrol Responsibilities