WHAT TO DO ABOUT YOUR HAZARDS
Try to absorb as much of your consultants advice into your final
decisions. Your options are to fix the hazard, discard the
piece (or whole unit), replace the part(s), or defer the problems
until later. First let's look at the latter.
DEFERRING the problems, due to lack of money, manpower, etc., is not an option if it is a CLASS 1 hazard. If, for some reason, you must defer these, I suggest that you either safely close the site down or remove the equipment until you can correct the problems. Deferring CLASS 2 and 3's will depend upon their severity, complexity, etc. For example, if you have 8" of mulch and need 9" it's probably a CLASS 3 and can wait if it has to. Remember, the longer you wait the closer you get to injuries and lawsuits! I've seen cases settle or win due to loose fill surfacing being one inch short of the minimum requirement!
REPLACING with new equipment or surfacing, of course, is the most expensive solution. In some cases it's best to contact your equipment sales rep. and replace a pipe wall, slide, etc. But consider whether the new item will correct the problem, have the same problem, or present a different hazard! Will the new piece fit the same as the one it replaces (molds and shop jigs may have changed)? You may spend more time and money field rigging it than fixing it correctly in the beginning. New equipment could have more drawbacks than just initial cost. It is not always a guarantee that it will be safer than an old piece you replace it with, but then new equipment may be your best option.
DISCARDING the problem equipment is always a last resort. You would be surprised at how simple and inexpensive most solutions really are. If you eliminated all of the playgrounds, you shirk the duty to provide recreation and play areas. Kids will suffer injuries from some activity like climbing trees, or even buildings (I have a picture), which you cannot have as much control over as manufactured equipment. You should keep the playgrounds and retain control by doing your best to comply with ASTM and CPSC by way of proper designs, maintenance, audits, inspections, etc.
FIXING the hazard. A client of mine had a school that had equipment with a broken lower rung on an arch climber attached to a large composite structure. The manufacturer said that if they did not buy a replacement arch and instead tried to weld on a new rung (or the old one), the warranty would be void on the entire structure... slides, paint and all! Obviously, this is not the policy of all manufacturers! The reality is that the warranty should not cover the new rung, but should still remain in effect on the rest of the unit. You might consider hiring a welding contractor to shift the liability. There is a zinc rod that you can rub onto a hot clean weld that will "galvanize" it. Matching paint does wonders, too.
It would be ideal if your auditor/consultant is experienced enough to let you know what modifications to make and to help coordinate things with the manufacturer's sales representative, who will normally be of great assistance!
BUDGETING REPAIRS & REPLACEMENTS
If you have classified your hazards and decided on repairs and
replacements, you are ready for a timeline budget. Secure
funding for parts and labor. Consider sharing the costs with other
departments, such as risk management, maintenance, etc.
Some costs will fall under capital improvements, repairs, etc.
First of all, plan on handling the CLASS 1 hazards right away.
Then plan for the CLASS 2 and 3 hazards. Keep in mind that some
Class 2 or 3's can be handled during corrections to Class 1's.
It's important to realize that you must make the effort. If you do
the best that you
possibly can, then that is exactly what is "reasonably expected" of
you. No one expects you to discover hazards today and
have them fixed by tomorrow. It's quite possible to not be able to
get to the next class of hazard until another budget year.
Don't forget to incorporate initial audits and routine inspections
into your budget!
MODIFICATION TECHNIQUES
Fixing one hazard can create another. Some examples are;
1) If you discover an entrapment gap between two platforms and lower one of them, you could create another entrapment between it and a third platform. You could also cause the stepping distance to be >12" apart (for 2-5's) or >18" apart (for 5-12's), as well as going past the distance allowed between a platform and an access rung.
2) I saw that a pipe wall had been removed from a structure and was replaced with a plywood panel complete with splinters, protrusions, head & neck entrapments, and a height below the user's center of gravity. I wondered how the old piece could have been much worse.
Whoever performs your retrofitting, whether it is temporary or permanent, must clear any change with an experienced and certified safety auditor.
INEXPENSIVE SOLUTIONS
If any of your problems have been determined to have existed at the
time of delivery and/or installation, contact the
manufacturer or installer to see if they can correct their portions
of the problems. The key point is to make sure you have the
correct interpretations beforehand. I frequently hear "the
standards and guidelines have changed" which, although true, there are many
times
when the site was out of compliance the day it was installed by
either your own employees, the manufacturer's, or a
sub-contractor.
Remember to always use the current ASTM standards and CPSC guidelines when auditing, designing, and correcting hazards.
The following are some examples of Problems ("P") and their Solutions ("S");
1) P; "S" hooks open more than .04" apart. S; Replace with a locking link-style or clevis bolt if you can. They do not open like "S" hooks, are hazard-free, and last much longer.
2) P; Pipe wall has entrapment gap (3-1/2" X 6.2" up to 9" diameter). S; Either weld another pipe in place or adjust the wall over/up/down. Be careful so that none of these create another gap, or lower the wall <38" (for 5-12's) or <29" (for 2-5's).
3) P; Entrapment gap between platforms. S; Adjust the platform or install a kickplate.
4) P; Partially-bounded openings between panel corners and posts. S; Purchase and install a "dummy" post clamp (which will close the gap), unless the manufacturer has another method to correct the problem.
5) P; Steel swing frame legs move up from footings when in use. S; The legs are not secured inside of the concrete footing due either to using swing before the concrete hardened, or the legs were not "flared" at the factory or other methods not taken to secure the legs. Re-pour the footing using a horizontal cross-bolt through the legs inside of the footing to keep it down.
6) P; Splinters found in wood. S; Remove/sand hazardous splinters. To help lessen the severity of splinters, use a wood sealer every few months after the initial purchase. "Checking" (cracking) of the wood is normal up to about 1/4 inch wide.
7) P; Bolts protrude past gauges and/or are >2 threads past the nut. S; Replace with shorter bolts, or cut and peen them smooth.
8) P; Playground intended for 2-5 age group actually has components designed for use by 5-12 age group only, such as a sliding pole or an overhead ladder more than 60" high. S; If you are limited on funds yet must provide a playground to all age groups, then exchange the sliding pole with an activity panel as opposed to only allowing 5-12's here, and being forced to purchase a new unit for each age group. Be careful of the other measurements to make sure they pass for both groups, such as step distances, guardrail and barrier heights, etc.
9) P; Rung between platforms can cause entrapment. S; If platforms are less than or equal to 18" apart for 5-12's, or less than or equal to 12" apart for 2-5's, then a rung is not required, so remove it and keep the spare part! Don't forget, platforms cannot be >20" or 30" apart for 2-5's and 5-12's respectively (CPSC, Sect. 8.5.3). Otherwise, you might have to adjust the platform(s). Avoid entrapment gaps (3-1/2" X 6.2" up to 9" diameter).
10) P; Swing hanger bolts are a vertical entanglement hazard when a child gets on top of the beam (and they do). S; Install carriage bolts with heads on top, nuts on the bottom, or simply flip the existing carriage bolts. Check with the 1/8" gauge for entanglement.
11) P; Swing hanger shackle is extremely loose. S; Before you buy expensive new hangers, try replacing the .25-cent "sleeve" bearings inside. Call a local bearing supplier.
12) P; Swing chain is worn >25% on the top and bottom links. S; Instead of all new chain, try cutting off the bad end links, and installing new connectors, keeping an eye on the rest of the links. Make certain that the seat is not raised out of reach since seat heights are minimums, but there are no maximum heights!
13) P; Slide has a gap between it and the platform. S; Try adjusting the bolts to move it in to close the gap. I've seen a bondo filler material used (such as LOCKTITE FIXMASTER, an epoxy putty) that seems to have bonded well. Contact the equipment supplier as to which filler to use if they do not have a custom piece to install or other options. Gaps can also be between sidewalls and posts! Consider possible entanglements.
14) P; Flat slide chute is >30 degree average slope -OR- wave slide has a portion of slope over 50 degrees. S; Ask the installer to come back if it is not a result of the manufacturer (mold), maintenance, environment, or use. The installer should raise it if the exit region can stay below horizontal. If not, contact the manufacturer.
15) P; Tube slide is >30 degrees average slope and exit region is ABOVE horizontal. S; Since the exit region needs to be lowered and the chute should be raised, one solution may be to have the installer remove a straight section and re-attach the bottom end (correcting the exit region problem but increasing slope). Now, raise it up to correct the chute slope problem. A curved section may need to be slightly turned so it works out. Keep exit end the proper distance from surfacing. Keep the extra section as a spare part! No costs! -OR- Contact the manufacturer.
Remember, each problem has a solution. All that's left is to figure it out!
SURFACING SOLUTIONS;
Falls account for 75% of all playground injuries. CPSC has a
loose-fill surfacing chart that shows tested depths (9" and
12") for specified heights. Many folks assume that 9" or 12" of
loose-fill is the minimum, which it is not. CPSC has tested 6" depths as
well. If 6" is actually
the minimum depth of surfacing for say, a balance beam, then you
are spending twice as much as you should by buying 12"! The most critical
thing
to understand is how to determine the fall height for your
equipment. This is very easy to botch and could cost you a lot of
money in surfacing, as well as the possibility of not providing the
proper level of impact absorbency. So, have the correct fall height
assessed and then either check with the chart or have it field
tested. ASTM has identified Fall Heights for almost all
playground equipment.
LOOSE-FILL SURFACING;
Loose-fill surfacing is the least expensive and most popular, but
requires maintenance and needs to be refilled. It gets
kicked and blown away, becomes compacted, or may not have been the
proper depth in the beginning due to compacting
after use. However, unitary surfacing (Poured In Place, rubber
tiles) is not only expensive, but does not have the "displacement"
properties of
loose-fill, which may be what it takes to prevent some of those
broken bones!
CPSC suggests measuring loose fill surfacing from a level point up to the fall height of the equipment in order to determine the Use Zone. One common scenario is that although you may have always had pits under your swing seats, you may not have noticed the ramifications of the pits in an inspection frame of mind unless you audit an unfamiliar site. This may trigger you to realize that you've measured from a point BELOW where the surfacing should be level, up to the pivot point of the swing hanger. This miscalculation creates greater distances required for use zones and surfacing depths, and raises your costs as well. Level the surfacing first, or run a string line level, and then measure it for a true reading. You might just need tile pads installed under each seat, but be aware of trip hazards while swinging. Tiles should be large enough to prevent this and should have beveled edges as well.
If you have loose-fill and must accommodate for ADA, paths of tiles or Poured In Place surfacing would work, as opposed to replacing all of it. You can have an ADA wheelchair accessible path AND loose fill surfacing, keeping your costs to a minimum. There are some companies that provide loose fill surfacing that is wheelchair accessible!
POURED IN PLACE and TILE SURFACING;
These are much more expensive, while reducing (tiles) or almost
eliminating (poured) maintenance costs. Rely on the
manufacturer's claim for impact efficiency of under 200 G's and a
1000 H.I.C rating. These two types of surfacing are great
for ADA accessible play areas! Be absolutely certain that the
correct depth & perimeter (from the equipment) is laid down in the Use
Zones.
SIGN & LABEL SOLUTIONS;
Signs AND labels are important but are frequently overlooked. I
always hear comments such as "Kids won't (or can't) read them",
"Parents don't pay attention to them", "You can never say enough or
say it the right way to be effective", and so on.
Although these may sometimes be valid points, there are kids,
parents, and LAWYERS who will read signs. If you have not experienced it
yet, you may learn that a
lawyer will say that the owner has a "duty to warn", failed to do so, and
add it to the list
of complaints in their lawsuit. It can be avoided for pocket change!
WHAT SHOULD SIGNS & LABELS SAY?
First, let's look at actual examples of what they should NOT say;
"Warning - use of this playground by children or other persons is prohibited" (apparently for use by animals and aliens). "This playground is for use by children 6 on up", which allows teenagers and adults but not kids 5 or younger, when they had infant swing seats and equipment for ages 2-5(!?!?)
WARNING SIGNS & LABELS;
SURFACING WARNING LABEL; This one is required by ASTM, Section 14, to be attached to ALL pieces of equipment that require surfacing. It will "inform, warn, and educate purchasers, installers, and those supervising children who play on the equipment about the on-going danger of installing equipment over hard surfaces". It will "serve as a constant reminder to provide and maintain appropriate surfacing". Place these as close to adult eye level as possible, facing the direction that they are able to approach the equipment.
DRAWSTRING WARNING LABEL; It will inform, warn, and educate purchasers, installers, and those supervising children who play on the equipment about the on-going danger of a user being entangled, in an effort to prevent strangulation. See CPSC Section 9.2. Place this at each entrance to the playground, or on the equipment, in positions that can be seen as adults approach the playground, always as close to eye level as possible.
AGE GROUP (INFORMATIONAL) SIGN / LABEL; Keep the age groups separated by stating that one area is for ages 2-5, and the other area is for ages 5-12. If that cannot be the case, then display one that says the equipment is for 2-12's. The most ideal situation is to have an age group sign posted onto each piece of equipment. That way, if you happen to have a piece that is a different age group, it is clear to the user and/or supervisor. Place this at each entrance to the playground, or on the equipment, in positions that can be seen as adults approach the playground, always as close to adult eye level as possible.
SUPERVISION (INFORMATIONAL) SIGN / LABEL; "Adult Supervision is Recommended" will tell children, supervisors, and lawyers that the intent of the playground is a place for supervised play. See CPSC Section 6.2, 6.4, 11.6, 12.4.8 and ASTM "Introduction". Place these at each entrance to the playground, or on the equipment, in positions that can be seen as adults approach the playground, always as close to adult eye level as possible.
TOT SEAT (INFORMATIONAL) SIGN / LABEL; "Tot seats for use by children under 4 years of age, with adult assistance" tells the users and supervisors the appropriate ages for tot seats. This reduces wear, misuse, breakage and injuries. See CPSC Section 12.6.3. Place these on the swing posts (both sides) nearest to the tot seats, at adult eye level.
SURFACING LEVEL MARKER (INFORMATIONAL) LABEL; This will allow maintenance people, supervisors, and users to be able to quickly and easily check the support posts for the proper amount of loose-fill surfacing depth. If the surfacing is below the marker it is time to add to, or fluff up, the surfacing. See CPSC Section 4.5. Place these at the pre-determined position on each post at the minimum surfacing level height.
Signs and labels must have the proper letter size & type, coloring, etc., according to the ANSI Standards on signs and labels in order to hold up in court. Compliance is a key consideration so that the users and adults will notice them.
CONCLUSION
Some risks are acceptable, to a degree, but not the
life-threatening ones! If you are an owner concerned about being held
personally liable in a lawsuit, you are not alone. So be extremely
careful if you decide to create your own playground
designs, specifications, or perform audits. If you cannot afford
the audits, signs, labels, etc., it is understandable, but realize how
much more a legal defense would cost.
Also, don't make the assumption that new equipment will automatically comply with CPSC and ASTM. It may or may not. Most manufacturers and contracted installers sincerely put forth their best efforts to comply. However, I've seen old equipment get replaced with new equipment that had more hazards, although those are rare cases. Just to be sure that you are safe, have a third party that is on your side check it out for you. Some manufacturers have independent laboratories check their equipment for load tests and other issues covered by ASTM only, but not always by CPSC. These are valiant starting efforts! It still needs to be audited according to CPSC though since you need to comply with both CPSC and ASTM. It would be prudent to ask them for a list of the tests that the unit went through to verify which phase of testing was covered according to ASTM and CPSC. Keep in mind that a "pass" designation cannot take into consideration the final outcome of each different site due to unknown factors involved, such as the installer putting a unit together differently, or a unit supplied with parts that may vary in size or shape from shipment to shipment. I'm not saying that these things always occur, but they have happened. It is something for the owner to consider when looking at equipment marked "approved" or "certified". It's best to get your own designer and auditor that can recommend which manufacturer to select!
In the meantime, keep an open mind when a hazard is discovered because it may turn out that the finger you are pointing just might turn YOUR way! It is possible to have a playground that is fun, challenging, and will pass inspections and audits. If you do the best that you, and a jury, would think is reasonable, you've got a great start!
Back to the "HOME Page" of Largest Web Site pertaining to
the Playground Industry.
SAFETY PLAY, INC.
c/o SCOTT BURTON
Toll-free; 888-878-0244
Florida Office;
10460 ROOSEVELT BLVD., #295
ST. PETERSBURG, FL. 33716
California address;
7095 HOLLYWOOD BLVD., #1308
LOS ANGELES, CA. 90028
safetyplay@mindspring.com
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