Legal System Disparity

A couple of recent articles (article1 article 2) got me thinking about the disparity in the legal system in the way it deals with drownings. Let me point out that I an not an attorney by any means. I do consider myself a avid researcher of current events in the aquatics industry. I have read through hundreds of drowning articles and I have noticed some disturbing trends in the way the law views these "accidents." Accidental drownings are not handled the same as some other accidents.

For instance in most accidental deaths that involve guns there is almost always criminal charges filed. Often negligence is one of them. Here is one such article. The incident was ruled an accident and yet there will be charges filed.

Yet in many accidental drownings no charges are ever filed.

To further add to the debate here is an article where a mom left her kids at a pool alone. She is facing charges. However, if she had stayed at the pool and hid behind a magazine for a few hours (we have all seen this) she most likely would not have had faced any charges and yet the result would undoubtedly be the same. Here is another similar case (albeit in a bathtub) where a child was left alone and drown. The mom is facing criminal charges.

So is the message that unless you abandonyour child you are free to do whatever you want while your child is at the local pool?

Why does there seem to be such a double standard in the legal system? Drownings are preventable and yet the law does not seem to find these tragedies as a result of blatant negligence.

When was the last time you read an article on accidental drowning that occurred in the arms of their parent?

I think that if more cases were prosecuted, that parents may take watching their kids more seriously. When did the safety of a child stop being the parents responsibility?

Drownings are preventable. Holding parents accountable would go a long way towards zero drownings.

VGB Enforcement-It has begun!! Part 2

I reported earlier this week that the CPSC has begun Virginia Graeme Baker compliance inspections in Ohio. It turns out that the inspections are farther reaching than what I had first thought.

Breaking News from The Association of Pool & Spa Professionals

CPSC Inspections Underway Nationwide

Since CPSC Chairwoman Inez Tennenbaum's widely publicized statement on a national morning television show where she confirmed that CPSC would be stepping up inspection and enforcement of the Virginia Graeme Baker pool and spa safety act, word has come in from APSP members, public health officials and other stakeholders that that inspections have indeed begun.

APSP has learned that CPSC compliance staff and contracted inspectors have been in the field in Georgia, Michigan, Florida and other states inspecting pools with mixed results.

"We support the provisions of the VGB, particularly in that they align with ANSI/APSP-7 Standard for Suction Entrapment Avoidance," said Carvin DiGiovanni, APSP senior director, technical and standards.
"APSP has provided CPSC with our VGB Checklist/Field verification forms to ensure that pools are accurately and efficiently inspected."

So that APSP can represent your members' interests and address this problem with CPSC directly, APSP asks that members who have had pools inspected by CPSC or its representatives to let us know about any problems with the inspection.

Please note the inspector's name and forward any materials (check lists, reports, etc.) that you received to Carvin DiGiovanni, Senior Director Technical and Standards, at CDiGiovanni@APSP.org or 703/838-0083, ext. 149, fax: 703/549-0493.

APSP has developed a number of resources to help public pool operators achieve and verify compliance, including a field checklist and a drain safety kit.

Furthermore, a discussion I had with our local health inspector revealed that the VGB act will be added to the Ohio Revised Code. This will force health inspectors in the state of Ohio to inspect facilities for compliance. He assured me that this will happen and that health inspectors will begin enforcing the VGB act by the Spring in 2010.

While this only pertains to Ohio, it is not hard to see that every state is going to have to do the same thing. It is a Federal Law and as it was told to me yesterday by our health inspector, "We don't have a choice."

Time is running out on those who have not complied yet. My advice is find a time that is best for your facility and get it done! It is better if you can make the repairs during a slow time in your schedule then when your pool is bursting with activity.

Vgb Enforcement-It has begun!!

A word to those who were trying to dodge the CPSC on VGB compliance-The time is up!! At least it is in Ohio. Last week about half a dozen facilities received the following letter Names have been removed for privacy purposes.

VGB.pdf



That's right the CPSC is coming to a town near you. From what we can gather they are actively seeking out facilities. In other words they are not just following up on leads. It appears they are actively visiting schools, recreation centers, any other municipality. I am only speculating their method based off of information that I have been able to gather.

The moral of the story is if you are not compliant you might want to make it a priority or risk being fined and your facility closed.

Stay Motivated

Tis the season for vigilance to drop off faster than the speed of sound. That's right it's August. The time of the year where managers and guards alike cash in, kick their feet up and put it on cruise control for the rest of the season.

Don't let this happen.

Becoming complacent can be a dangerous thing at an aquatic facility. Webster's defines being complacent as follows:

Main Entry: com·pla·cen·cy

Function: noun
Inflected Form(s): plural -cies
1 : self-satisfaction especially when accompanied by unawareness of actual dangers or deficiencies
2 : an instance of complacency

I believe #1 is where most aquatic staff does awry. By August, the staff has all the functions of a lifeguard or manager mastered. He or she has a doctorate in lifeguarding. There is nothing more they can learn about the profession, and everything is second nature to them.

You can calm down now because we all know there is always something that can be learned or improved upon. Unfortunately, management and your lifeguard staff may not know this. There's the old adage, you don't know what you don't know. So you need to educate them. You need to make them aware that the pool is just as dangerous now as it was in June. Then again they may know it is just as dangerous, but they are preoccupied. By what you ask? Well let's see what we are up against:

1. School is just around the corner-Regardless if they are in high school or college school is fast approaching. They are already preparing for it.

2. Fall extracurricular activities-This is a big one because these can also drain the energy from your guards. Whether they are in band, football, soccer, etc. They are being pushed mentally and physically. They will not be the same guards that you had in the beginning of the summer.

3. The calendar-It is August. They see the finish line. They are most likely counting the days.

4. They are burnt out- Your staff has endured the heat and sun and if you are like us in Cleveland they endured the cold, rain, cold rain, some sun and some more cold and rain. I think it snowed one day too. I digress. Regardless the weather your guards have taken some punishment. They are fine with that since they have an eye on that finish line but make no mistake they are not performing the way they once did.

5. Pool attendance has dropped-Usually around July 15 we see a huge decrease in pool usage. There are several reasons for this. The pool has lost its newness. You are 6-7 weeks into the season. It has become a "been there, done that" activity. Vacations seem to kick in the second half of the summer. The other reasons I listed above. Your patrons have kids and they are dealing with school and fall sports. There is too much on their plate and so the pool gets pushed to the wayside. This creates a boredom factor for your staff. Now that their bather load has been cut to a fraction of what it was guards think they have it on easy street.

Unfortunately, you have no control over the list above. You cannot control the weather, stop time, the arrival of school or what activities your staff participates in.

There is something you can do!

1. Make sure you and your management team are focused. This is the most important thing you can do. If your management team is getting lethargic, then so will the rest of the staff. It is just as important now for your management team to lead the charge. Sit down your team and talk to them about the remainder of the season. Impress upon them the importance of finishing strong. Focus on your successes to get them re-energized.

Now that you have the managers back on board you need to get after your lifeguard staff. Here are some tips:

1. Continue your in-services and audits. I hope you do these in the first place!! Do not slack off on these in August. If you start to let these things drop off then you are sending the wrong message. Try to be creative with your in-services. Inject some fun into your in-service and watch your staff react.

2. Talk to your staff about the pool being as dangerous now as it was in the beginning of the season. Then prove it. Designate a wall in your guard room and post articles on recent rescues and drowning. Show them that these things do not stop just because they are almost done for the season. Follow http://twitter.com/HastingsWtrWrks or http://twitter.com/aquaticsintl on Twitter and you will get all the current stories you will need. It is a real eye opener.

3. Money talks. I really feel it is important to have a bonus program. Our bonus program requires that guards work until their last day. The last day is whatever the guard themselves has designated. We require that they give us three weeks notice. That way they are committed to a certain day. We also require that they leave in good standing. No guard wants to jeopardize their bonus with a week or two left in the season. This will ensure they do not coast the last week or two.

Taking these steps will greatly improve your staff's performance in what can be the most grueling month of the season. The first step is you, yourself need to be on board. Mentally we want to be done training guards. We want to feel like we have taught them what they need to know and know it is up to them. This is a slippery slope. Do not let this be a graph of your employee vigilance:

Less than 30 days to go! Get your staff going!