Safety Bill May Defer to Disney on Inspections

A bill aimed at regulating California’s amusement parks leaves open the key question of whether major venues, such as Disneyland, would be subject to the same state inspections as smaller parks.

The measure, framed in broad stokes by Assemblyman Tom Torlakson (D-Antioch), would require annual inspection of rides in many amusement parks, reporting of accidents to the state, employee training and insurance policies. A similar bill by Torlakson died last year after lobbying by the industry, including Disneyland.

The bill was revived this year after the December 1998 accident at Disneyland in which a metal piece flew off the Columbia Sailing Ship and into a crowd of tourists, killing a Washington state man. His wife and a Disneyland worker were seriously injured.

Yet at this point, Torlakson’s bill leaves it unclear whether Disneyland would be inspected by the state. Instead, the bill could be amended to allow large theme parks with in-house safety engineers to avoid state inspections by filing affidavits stating they had inspected and maintained the rides to a standard set by the state. Disneyland says it exceeds state standards.

The bill’s fine print will be fleshed out in negotiations with consumer groups, safety officials and the amusement park industry.

“We’re looking at a process that brings all the key players to the table to come to some consensus and build legislation that is successful and effective,” said Torlakson press secretary Gary Gartner.

Torlakson is set to present his bill at a news conference today to be held at the amusement park on the Santa Monica Pier. Briefings are also scheduled for Wednesday in Sacramento and Vallejo.

The bill will be introduced in the state Legislature this week.

Torlakson’s unsuccessful bill last year also provided a loophole to large theme parks such as Disneyland, in order to meet Disney’s objections. Disney, along with many other amusement park companies, historically has opposed theme park regulation.

Disneyland would be subject to the provision requiring the reporting of injuries at the park, although the bill has not yet defined how serious such injuries would have to be. At this point, Disneyland’s and other parks’ injury records on rides are confidential.

Disney officials recently said they would participate in drawing up and supporting regulation of some sort, but would not say whether that would include allowing their rides to be subject to outside inspection.

“We’re looking forward to sitting down with Assemblyman Torlakson and the industry and working on legislation,” Disney spokesman Ray Gomez said Monday.

Gartner called the newfound cooperation of the industry a “significant step forward. It hasn’t happened for the last 50 years.”

Torlakson’s office is looking at regulations in three other states in drawing up the bill.

One of those states, Florida, exempts Walt Disney World and other large amusement parks from state inspections. The other two state models under consideration in New Jersey and Ohio grant no such exemption.

“We’re looking at Florida, as well as Ohio and New Jersey,” Gartner said.

Torlakson was unavailable for comment Monday.

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Evolution of California’s Amusement Rides Safety Laws

During the past three decades, the amusement park industry has squelched periodic state and federal attempts to regulate permanent attractions, leaving California one of only 10 states without some government inspection process. A timeline of accidents and legislation:

September 1967: A teenager dies after she is thrown from “The Scrambler” at Kern County Fair.

August 1968: Amusement Rides Safety Law requires state Division of Occupational Safety and Health (Cal/OSHA) to inspect traveling carnival rides. The Walt Disney Co. lobbies to exempt permanent attractions from regulation.

October 1972: President Richard Nixon establishes the federal Consumer Product Safety Commission, which inspects rides at traveling carnivals and permanent amusement parks.

February 1978: A young man dies when Magic Mountain’s sky-ride gondola plummets 50 feet.

September 1978: A 24-year-old woman strikes her head on a steel support and dies while riding the “Cyclone” roller coaster at Long Beach Amusement Park.

December 1978: A 20-year-old woman falls to her death from the “Colossus” roller coaster at Magic Mountain.

May 1979: State senate bill requiring Cal/OSHA to inspect permanent amusement park rides dies in committee. Disneyland formally opposes the bill.

March 1980: A 13-year-old boy falls to his death when two trains collide on the “Willard’s Whizzer” roller coaster at Great America.

April 1981: Cal/OSHA asks the State Assembly to allow the agency to regulate permanent amusement park rides. With no formal opposition, the bill dies in committee.

August 1981: Congress exempts permanent amusement park attractions from federal inspection by the Consumer Product Safety Commission. The amusement park industry lobbies for the change.

October 1983: State Assembly Committee on Labor and Employment concludes state law should not be amended to require Cal/OSHA inspection of permanent amusement park rides.

August 1983: State Assembly bill expands Cal/OSHA’s authority over traveling carnival rides.

October 1984: Congressional bill requiring the Consumer Product Safety Commission to inspect permanent amusement park rides dies in committee.

January-March 1985: Three congressional bills proposing federal regulation of permanent amusement parks fail to become law. The International Assn. of Amusement Park Owners, Disneyland and Knott’s Berry Farm oppose one or more of the bills.

June 1987: A state Senate bill requiring Cal/OSHA to inspect permanent amusement park rides dies in committee.

October 1991: A 29-year-old man falls to his death near Perris in a bungee jumping accident.

November 1991: Cal/OSHA issues regulations on bungee jumping.

July 1996: The California Rider Safety Act, supported by the industry, is enacted. It requires patrons to understand and obey posted safety rules at the state’s amusement parks.

February 1998: State Assembly bill to regulate permanent amusement parks dies in committee.

December 1998: Freak Christmas Eve accident dockside at Disneyland’s Columbia Sailing Ship kills one person and severely injures two others.

January 1999: State Assemblyman Tom Torlakson seeks support for legislation to require regulation of permanent amusement parks.

Source: “Safety and Oversight of Amusement Rides in California,” California Research Bureau, California State Library; Times reports