Safe playgrounds can help to reduce municipal liability
Playgrounds provide opportunities for children to explore their environment, develop motor and social skills, and gain confidence. Yet some present hazards that could be avoided with proper design, maintenance, and supervision.
Each year nearly 200,000 children are injured in playground accidents, according to the U.S. Consumer Product Safety Commission. Seventy percent of these accidents occur in public parks and schoolyards; roughly 45 percent of the injuries are considered severe, and several are fatal.
Federal law does not mandate playground safety standards, but safe and well-maintained playgrounds can help to reduce exposure to lawsuits.
MIIA, in partnership with the Massachusetts Recreation and Park Association, offers members the most comprehensive program for playground hazard identification and risk management training programs: the National Playground Safety Inspector Course.
After completing 12 hours of training and an exam, participants become certified playground safety inspectors, ensuring that they meet guidelines set by the U.S. Consumer Product Safety Commission and the American Society for Testing and Materials. (Together, these guidelines are the internationally recognized standard of care for playground safety.)
In addition to mitigating the risk of accidents and lawsuits, MIIA member municipalities that complete the training receive MIIA Rewards credit on their property and casualty insurance premiums.
Another resource, the CPSC Public Playground Safety Handbook, is available at www.cpsc.gov/cpscpub/pubs/325.pdf. The handbook lists voluntary safety guidelines as well as suggested maintenance checklists and equipment testing procedures for playground safety audits.
Although the state’s recreational-use statutes provide a strong defense for municipalities, it is important to accurately document playground inspection and maintenance in order to protect against any potential charges of negligence. Records of any accident or injury reported on any playground should also be retained. This will help to identify potential playground hazards or dangerous design features that need to be corrected.
Key factors in evaluating playground safety include the following:
• Surfaces. Roughly 60 percent of playground injuries are caused by falls, so it is especially important to have surfacing that is designed to absorb impact. Hard surfaces like concrete and asphalt are unacceptable, as are grass and packed-earth because weather and wear can pack them and reduce their ability to absorb impact.
Acceptable surfaces include loose-fill materials like wood chips, mulch, sand, pea gravel or shredded rubber. Safety-tested rubber surfacing mats or rubber-like materials, such as poured-in-place unitary surfacing systems, are also safe. These surfaces, along with engineered wood fiber – the only loose-fill material that meets Americans with Disabilities Act standards – allow the best access for people in wheelchairs. Loose-fill materials should be a minimum of nine inches deep and extend across the entire use zone of the equipment.
• Design and Spacing. Playground equipment should be designed for three age groups: infants and toddlers; 2- to 5-year-olds; and 5- to 12-year-olds. In the safest playgrounds, play areas for younger children are clearly separated from those meant for older kids. Children should be able to move safely from one activity to another, with proper spacing between equipment.
Play structures should be spaced in accordance with their use zones. Use zones typically extend six feet from the equipment, but slides and moving equipment such as swings require more space.
Stationary equipment, less than 30 inches in height, may be located within six feet of each other. Stationary equipment greater than 30 inches may be located within nine feet of each other.
Among the many other areas to check are spaces that could trap children. Openings in guardrails or between ladder rungs should measure less than three and one-half inches or more than nine inches apart. These dimensions will ensure that fully bound openings will pass the head-torso probe test.
• Maintenance and Inspection. Playground equipment should be regularly inspected to make sure that it is clean and well maintained. Playground inspectors should check for equipment that is securely anchored and made of quality, durable materials that won’t break down as a result of weather.
Equipment should show no signs of weakening, or splintered, rusted, chipped or peeling surfaces. Hardware such as S-hooks and bolts, hinges and other moving parts should be checked for sharp edges, pinch points or areas for entanglement.
Sandboxes should be covered overnight to prevent contamination from cats and other animals. Sight lines from benches should be unobstructed, and fencing should be secured to prevent children from leaving the area.
Playgrounds should be free of trash, standing water and objects that could cause kids to trip, such as rocks, tree stumps and roots.
• Supervision. Although the design and condition of equipment are important, the most critical safety element is supervision. When a public entity is responsible for supervising children, liability becomes a significant consideration. The responsibility of recreation department and school employees to supervise activities is where the true liability exists. Playground supervisors should be trained before being given this enormous responsibility. This is perhaps the most overlooked aspect of playground safety.
Information about the next National Playground Safety Inspector Course can be found at www.emiia.org. Additional information is available at the website of the Massachusetts Recreation and Parks Association (www.massrpa.org).
Each year nearly 200,000 children are injured in playground accidents, according to the U.S. Consumer Product Safety Commission. Seventy percent of these accidents occur in public parks and schoolyards; roughly 45 percent of the injuries are considered severe, and several are fatal.
Federal law does not mandate playground safety standards, but safe and well-maintained playgrounds can help to reduce exposure to lawsuits.
MIIA, in partnership with the Massachusetts Recreation and Park Association, offers members the most comprehensive program for playground hazard identification and risk management training programs: the National Playground Safety Inspector Course.
After completing 12 hours of training and an exam, participants become certified playground safety inspectors, ensuring that they meet guidelines set by the U.S. Consumer Product Safety Commission and the American Society for Testing and Materials. (Together, these guidelines are the internationally recognized standard of care for playground safety.)
In addition to mitigating the risk of accidents and lawsuits, MIIA member municipalities that complete the training receive MIIA Rewards credit on their property and casualty insurance premiums.
Another resource, the CPSC Public Playground Safety Handbook, is available at www.cpsc.gov/cpscpub/pubs/325.pdf. The handbook lists voluntary safety guidelines as well as suggested maintenance checklists and equipment testing procedures for playground safety audits.
Although the state’s recreational-use statutes provide a strong defense for municipalities, it is important to accurately document playground inspection and maintenance in order to protect against any potential charges of negligence. Records of any accident or injury reported on any playground should also be retained. This will help to identify potential playground hazards or dangerous design features that need to be corrected.
Key factors in evaluating playground safety include the following:
• Surfaces. Roughly 60 percent of playground injuries are caused by falls, so it is especially important to have surfacing that is designed to absorb impact. Hard surfaces like concrete and asphalt are unacceptable, as are grass and packed-earth because weather and wear can pack them and reduce their ability to absorb impact.
Acceptable surfaces include loose-fill materials like wood chips, mulch, sand, pea gravel or shredded rubber. Safety-tested rubber surfacing mats or rubber-like materials, such as poured-in-place unitary surfacing systems, are also safe. These surfaces, along with engineered wood fiber – the only loose-fill material that meets Americans with Disabilities Act standards – allow the best access for people in wheelchairs. Loose-fill materials should be a minimum of nine inches deep and extend across the entire use zone of the equipment.
• Design and Spacing. Playground equipment should be designed for three age groups: infants and toddlers; 2- to 5-year-olds; and 5- to 12-year-olds. In the safest playgrounds, play areas for younger children are clearly separated from those meant for older kids. Children should be able to move safely from one activity to another, with proper spacing between equipment.
Play structures should be spaced in accordance with their use zones. Use zones typically extend six feet from the equipment, but slides and moving equipment such as swings require more space.
Stationary equipment, less than 30 inches in height, may be located within six feet of each other. Stationary equipment greater than 30 inches may be located within nine feet of each other.
Among the many other areas to check are spaces that could trap children. Openings in guardrails or between ladder rungs should measure less than three and one-half inches or more than nine inches apart. These dimensions will ensure that fully bound openings will pass the head-torso probe test.
• Maintenance and Inspection. Playground equipment should be regularly inspected to make sure that it is clean and well maintained. Playground inspectors should check for equipment that is securely anchored and made of quality, durable materials that won’t break down as a result of weather.
Equipment should show no signs of weakening, or splintered, rusted, chipped or peeling surfaces. Hardware such as S-hooks and bolts, hinges and other moving parts should be checked for sharp edges, pinch points or areas for entanglement.
Sandboxes should be covered overnight to prevent contamination from cats and other animals. Sight lines from benches should be unobstructed, and fencing should be secured to prevent children from leaving the area.
Playgrounds should be free of trash, standing water and objects that could cause kids to trip, such as rocks, tree stumps and roots.
• Supervision. Although the design and condition of equipment are important, the most critical safety element is supervision. When a public entity is responsible for supervising children, liability becomes a significant consideration. The responsibility of recreation department and school employees to supervise activities is where the true liability exists. Playground supervisors should be trained before being given this enormous responsibility. This is perhaps the most overlooked aspect of playground safety.
Information about the next National Playground Safety Inspector Course can be found at www.emiia.org. Additional information is available at the website of the Massachusetts Recreation and Parks Association (www.massrpa.org).
No one watched out for the children in this town like Fred Bennett. He would not let unsafe conditions stay. If he told you once, and you did not do your job, you would find your name or department in the paper. I miss Fred and all the good things he stood for.
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