John J. Clair, National Chairman
David L. Olson, National Legal Counsel
For over 25 years NSP has had a joint statement of understanding with the National Ski Areas Association. NSP encourages mountain resorts to maintain active membership in NSAA. The joint statement sets forth the relationship between mountain resort management and any NSP affiliated patrol and its volunteer or paid patrollers.
Of course, NSP affiliated ski patrols exist at many resorts that are not members of NSAA. For this reason, NSP forwards copies of the Joint Statement to all resorts with NSP affiliated patrols. It is NSP's intention that the joint statement set forth the relationship between mountain resort management and its volunteer ski patrol regardless of whether the resort has elected to belong to NSAA.
Enclosed is a copy of the NSP-NSAA Joint Statement for your use and information, and the memo being sent to all ski areas having NSP affiliated patrols. It is very important that the NSP patrol representative, area patrol director and ski area management all understand their individual roles and responsibilities as they pertain to conducting actual patrol operations at the area. Operational items include those activities that are not directly included within the scope of NSP programs as set forth in the NSP Policies and Procedures manual, a copy of which is also enclosed.
Please note we are requesting that the NSP patrol representative provide his or her resort management with a copy of the roster listing the names of NSP members who provide patrol services at the resort. You may obtain an additional copy of the roster from the NSP national office, or simply make a copy of your roster. The NSP Policies and Procedures manual, the NSP-NSAA Joint Statement of Understanding, and the roster are excellent tools to use in conducting a pre-season meeting between ski area management and its volunteer patrol members.
NSP’s relationship to mountain resort management has been the subject of recent litigation in California. The results of that litigation have not changed the nature of the relationship between NSP and mountain resorts with NSP affiliated patrols. NSP has not and does not manage, direct, or control ski patrol operations at any ski area. Operations is the direct responsibility of ski area management and includes the provision of emergency care, on-the-hill rescue, and training in those areas in which NSP does not provide an education or training course, such as lift evacuation and skiing or snowboarding proficiency. NSP is responsible for the content, conduct, and quality of those courses that are approved by the NSP Board of Directors. Ski area management may delegate most functions relating to patrol operations to the ski patrol whether it consists of paid or volunteer members; however, management retains ultimate authority over – and accountability for – patrol operations.
At the 1999 Annual Meeting the NSP Board of Directors reviewed the pilot course and approved Introduction to Ski Patrolling as an optional NSP course. Ski area patrols and other NSP units may implement this course at any time by calling the NSP education department to register the course and to request the updated curriculum and training materials. It is important to keep in mind that this is not a candidate test or a screening process for patrol membership, since these tasks are area management responsibilities. As an approved NSP educational course, NPS insurance coverage is provided for the Introduction to Ski Patrolling course curriculum as set forth in the published course materials. It is important to remind everyone NSP does not have an approved educational course that addresses non-toboggan-related skiing or snowboarding skills, and therefore NSP insurance coverage does not extend to those activities. NSP members who choose to conduct skiing or snowboarding proficiency training must do so at the express direction of area management and with the understanding the activity is not an NSP course. The situation is similar to lift evacuation. Every ski area has a responsibility to provide rescue services for its ski lifts. The area also has a responsibility to provide patrol services for injured patrons, and part of that responsibility is ensuring its patrollers are competent skiers or snowboarders. Area management may delegate the responsibility for training its patrollers to competent members of its ski patrol, who then provide that training as members of the area patrol, not as members of NSP. Another local option is the use of patroller ski instructors who are PSIA-certified and also members of an NSP ski school that is a member of PSIA. In that instance, the ski or snowboard proficiency instruction is provided through the ski school, not the NSP, and the insurance for the activity would be provided through the ski school.
Please review the 1998-99 NSP Policies and Procedures manual and/or contact your division director if you have any questions.