This is a reminder that pursuant to former Article 21.60 of the Texas Insurance Code, amended and recodified as Occupations Code, Chapter 2151, a person operating an amusement ride shall maintain accurate records of each injury caused by the ride that results in death or requires medical treatment.
The statute defines "medical treatment" as treatment administered by a physician or by registered professional personnel under the standing orders of a physician. The term does not include first aid treatment (one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and other minor injuries that do not ordinarily require medical care), even if that treatment is provided by a physician or registered professional personnel.
The owner/operator shall file an injury report with the Texas Department of Insurance on a quarterly basis using the promulgated Quarterly Injury Report form and shall include a description of each injury. Effective January 1, 2000, photocopies of the quarterly injury reports must also be maintained at the site of the ride for a period of not less than two years. If no reportable injuries occur in a quarter, the operator is not required to file an injury report.
Please continue to ensure that all quarterly injury reports have been and will continue to be submitted to the Department. Failure to comply is considered a violation of the Amusement Ride Safety Inspection and Insurance Act and may subject the amusement ride operator to various penalties including criminal sanctions.
Questions regarding these requirements should be directed to Richard Baker, Manager, Loss Control Regulation, Phone 512-322-2259, Fax 512-305-7425.
Sincerely,
Alexis Dick
Deputy Commissioner
Inspections Division