Oklahoma § 40-472 - Definitions

§ 40-472. Definitions

A. As used in this section:

1. “ASTM Standards” means the American Society for Testing of

Materials International (ASTM) standards entitled “Standard Practice

for Ownership and Operation of Amusement Rides and Devices”

Oklahoma Statutes - Title 40. Labor

currently designated F 770, and any amendments, supplements,

replacements or substitutions therefor;

2. “Operating fact sheet” means a written description and

summary of the manufacturer’s recommended operating instructions and

specifications and the ride operation policies, procedures, safety

procedures and emergency procedures prepared in accordance with the

ASTM Standards;

3. “Amusement ride operator” or “ride operator” means a person

who is physically in control of the starting, stopping and

performance of the amusement ride while in operation; provided

however, ride operator shall not include persons fulfilling

ancillary functions in connection with the amusement ride such as

taking tickets or assisting passengers in loading and unloading;

4. “Amusement ride” means an amusement ride as defined in

Section 461 of Title 40 of the Oklahoma Statutes; provided however,

the term amusement ride shall not include inflatable amusement

devices; and

5. “Inflatable amusement device” means an amusement ride or

device consisting of air-filled structures designed for commercial

use where the public pays a price to rent or use such a device as

specified by the manufacturer, and may include, but not be limited

to, bounce, climb, slide or interactive play. They are made of

flexible fabric, kept inflated by continuous air flow by one or more

blowers and rely upon air pressure to maintain their shape.

B. All amusement rides must be under the control of a competent

ride operator or competent ride operators at all times when the

amusement ride is in operation. The ride operator must have been

issued a certificate of training pursuant to subsection F of this

section evidencing that the ride operator has been trained pursuant

to subsections C and D of this section within one (1) year from the

time of his or her operation of the amusement ride or rides in

question. Each such ride operator must wear a name tag identifying

the ride operator by name and identifying the fact that such person

is a trained ride operator.

C. Each owner/operator shall provide or cause to be provided

training for each ride operator in the safe operation of the

amusement ride being operated. The minimum requirement for training

shall be that specified in the then most current ASTM Standard.

Such training shall include, but not be limited to, the following,

where applicable:

1. Instruction on ride or device operating procedures pursuant

to the operating fact sheet and any manufacturer’s operating manual,

supplements, alerts and bulletins applicable to the amusement ride;

2. Instructions on specific duties of the assigned position;

3. Instructions on general safety procedures;

4. Instructions on emergency procedures; and

5. Demonstration of the physical ride or device operation.

Oklahoma Statutes - Title 40. Labor

D. Each owner/operator shall ensure that each ride operator on

a ride-specific basis has:

1. Read and understood the operating fact sheet and has

satisfactorily demonstrated with on-the-job training and testing

that such ride operator is competent and understands the operating

fact sheet;

2. Demonstrated how to do pre-startup operational ride checks

and daily maintenance inspection;

3. Demonstrated understanding emergency procedures relating to

the amusement ride in question and has knowledge of use and function

of normal and emergency operating controls; and

4. Demonstrated the physical operation of the amusement ride in

question in a safe and satisfactory manner.

E. Each owner/operator shall maintain written records

evidencing the compliance with subsections C and D of this section

with respect to each ride operator and each amusement ride for which

such operator has been trained. These written records shall be

maintained on the premises where the amusement ride or amusement

rides are being operated and made available upon reasonable request

by Department of Labor amusement ride inspectors.

F. In addition to the written records required pursuant to

subsection E of this section, the owner/operator shall:

1. Provide to each ride operator trained pursuant to

subsections C and D of this section a written certificate stating

that the holder of this certificate has been trained in accordance

with the requirements of this section. This certificate shall be

dated the date on which the training and demonstration of these

skills were completed. The certificate may include additional

amusement rides as to which such ride operator has been trained,

provided that the separate date and location of such training is

specified. Each certificate will indicate the applicant’s name,

address, date of birth and each of the amusement rides such operator

is approved to operate and the signatures of the owner/operator

representative and the ride operator; and

2. Maintain the originals or duplicates of the above

certificate on the premises and available for inspection by

Department of Labor amusement ride inspectors.

G. The Commissioner of Labor may, where there is reasonable

grounds to believe that a ride operator is operating an amusement

ride while under the influence of drugs or alcohol, require such

ride operator to submit for voluntary drug and alcohol testing by a

competent, qualified facility and pursuant to standards and

procedures consistent with operating a motor vehicle in this state.

Failure to submit to a voluntary drug or alcohol test under such

circumstance shall result in the termination of such ride operator’s

certification for a period of ninety (90) days. A positive test for

drugs and alcohol pursuant to the foregoing shall result in a loss

Oklahoma Statutes - Title 40. Labor

of such certification for a period of at least thirty (30) days and

until the applicant passes a subsequent drug and alcohol test, which

retest shall be at the expense of the applicant.

Added by Laws 2009, c. 179, § 1.