West Virginia Division of Labor, Safety Section

Jurisdiction: 
West Virginia
Agency: 
Division of Labor, Safety Section
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes inflatables (rentals as well). Excludes amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders.

Inspection Program: 

Rides are inspected annually before first use. Since 2005, inspections have been performed by approved private inspectors. Inspectors must have current NAARSO Level I certification or the equivalent.

Investigative Authority: 

The state has authority to investigate accidents.

Reporting Criteria: 

An owner or operator of an amusement ride or attraction must notify the Division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the amusement ride or amusement attraction that results in a serious physical injury to any person requiring medical treatment or results in a loss of consciousness to any person. “Serious injury” means an injury that results in death, loss of consciousness, or requires medical treatment by a physician or other medical professional for which a record is created.

Patron Responsibility Law: 

Potentially enforced through reference to ASTM F770:
5. Patron Responsibility
5.1 There are inherent risks in the participation in or on any amusement ride, device, or attraction. Patrons of an amusement ride, device, or attraction, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction and to obey all oral or written warnings, or both, prior to or during participation, or both.
5.2 Patrons have a duty to not participate in or on any amusement ride, device, or attraction when under the influence of drugs or alcohol.
5.3 Patrons have a duty to properly use all ride or device safety equipment provided.

Date of last update: 
April 9, 2017