The Virginia Graeme Baker Pool and Spa Safety Act addresses dangers related to pool and spa drains, which can cause severe injury or death by trapping swimmers under the water when blocked. The Act is designed to improve pool and spa safety through new federal requirements for drain covers and anti-entrapment systems as well as by establishing educational programs.
Federal Requirements
The Act contains the following federal standards for swimming pool and spa drain covers:
Your business should follow all pool and spa safety requirements to lower risk.
- All covers manufactured, distributed or sold in the United States must conform to the specified entrapment protection standards.
- All must be equipped with anti-entrapment devices or systems that comply with the same federal standards.
- Each public pool and spa in the country with a single main drain (other than an unblockable drain) must be equipped with at least one device or system designed to prevent entrapment, such as a safety vacuum release system, suction limiting vent system or gravity drainage system, that meets appropriate performance standards.
The requirements contained in the act are intended to be minimum standards; many states have more rigorous safety rules. Violations of the act’s requirements will be treated as violations of the Consumer Product Safety Act.
State Swimming Pool Safety Grant Program
A grant program exists that provides financial assistance to states that have minimum safety requirements for pools and spas that meet the standards contained in the Act. The state statute must require pool and spa owners to:
- Enclose all outdoor, residential pools and spas with barriers to prevent small children from gaining unsupervised access to the area
- Equip all pools and spas with anti-entrapment devices
- Equip all pools and spas built after Dec. 19, 2008 with more than one drain, one or more unblockable drains, or no main drain with anti-entrapment devices
- Equip every swimming pool and spa that has a main drain with a drain cover that meets standards
In addition to imposing these safety requirements, the state law must require periodic notification to owners about compliance with the entrapment protection standards. States can use the grants for the following purposes:
- Hiring and training enforcement personnel for implementation and enforcement of the state laws
- Educating pool construction, installation and service companies about the safety standards
- Educating pool owners, pool operators and other members of the public about the safety standards
Education Program
The act also established an education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. The educational materials are designed for pool owners and operators to promote safety.
Please contact Scurich Insurance at (831) 661-5697 with any questions regarding risks and liabilities associated with your business’ pool or spa.
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Many businesses use vans, trucks and buses to move their customers, products or equipment. Depending on the size and use of those vehicles, a business and its drivers may be subject to state and federal commercial vehicle regulations. Complying with these regulations is an important part of a fleet safety program.
State and Federal Requirements
Commercial motor carriers are regulated by the states in which they operate. If these vehicles operate in interstate commerce, federal regulations also apply. In general, most states follow the Federal Motor Carrier Safety Regulations (FMCSR) or similar rules.¹
Commercial Driver’s License (CDL)
Motor carriers that operate large commercial motor vehicles, or vehicles used to transport hazardous materials, must comply with additional regulations if they operate the following types of commercial vehicles:
- Class A – Vehicles with a gross combination weight rating of 26,001 pounds or more including a towed trailer over 10,000 pounds.
- Class B – Single unit vehicles with a GVWR of 26,001 pounds or more (if pulling a trailer, the trailer must not exceed10,000 pounds)
- Class C – Vehicles under 26,001 pounds used or designed to transport 16 or more passengers, including the driver, and vehicles less than 26,001 pounds required to display hazardous material placards.
Drivers of these vehicles must have a commercial driver’s license and the appropriate endorsements for the vehicles they are driving. Companies that operate these vehicles must also have a drug and alcohol testing program that meets the Department of Transportation (DOT) alcohol and controlled substances testing program requirements.
Registration Requirements
Companies that provide interstate for-hire transportation must obtain federal operating authority by filing the appropriate application with the Federal Motor Carrier Safety Administration (FMCSA). For-hire and private motor carriers must also register with the FMCSA and obtain a U.S. Department of Transportation (DOT) number. This number must be displayed on all commercial vehicles the motor carrier operates.
Organizations operating commercial motor vehicles in interstate commerce may also be required to register and pay fees under the Unified Carrier Registration Act of 2005.²
More than 30 states currently require intrastate motor carriers to obtain a U.S. DOT number as part of their commercial motor vehicle registration process. Other state registration requirements may include complying with International Fuel Tax Agreement and International Registration Plan, if a motor carrier is operating in interstate commerce.
Additional registration requirement may exist. For information about these requirements visit the Federal Motor Carrier Safety Regulations website and contact the agency in your state that regulates commercial motor vehicles.
Sources:
¹ www.fmcsa.dot.gov/
² www.ucr.in.gov/
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