Become A Member   |   Newsletter Sign-Up   |   Print Page   |   Sign In
Thrive - A Climbing Business Blog
Blog Home All Blogs
The Climbing Wall Association's blog is a place for indoor climbing professionals to find useful and relevant information from industry and business experts. Stay on top of best practices, thought leadership, and trends by subscribing to Thrive - A Climbing Business Blog! www.climbingwallindustry.org/lines

 

Search all posts for:   

 

Top tags: operations  leadership  management  staff training  community development  company culture  risk management  coronavirus  COVID-19  customer experience  customer service  human resources  marketing  programming  employee engagement  customer satisfaction  climbing culture  member retention  routesetting management  member communications  routesetting  staff retention  standards  youth team  youth training  coaching  OSHA  member acquisition  certifications  employee turnover 

Climbing Gym Workplace Health & Safety for COVID-19 - Part I

Posted By Laura Allured, Thursday, May 28, 2020
Updated: Friday, May 29, 2020
Workplace Safety COVID-19

It’s an understatement to say that climbing facilities have a lot to deal with right now. In addition to contending with the financial implications of getting members and customers back, gyms have to think about the various local, state, and federal rules for reopening. The decision to reopen for business comes down to a combination of issues that need to be weighed, each with their own risks. Among these issues is the safety and health of gym staff. The OSHA General Duty Clause requires that, “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee.” [OSH Act 1970]

 

Front desk staff, instructors, coaches, routesetters and the like are the faces of our industry and the first-line points of contact with the climbing public. Maintaining their health and safety during this pandemic is essential to keeping gyms safe and open for business.

 

This article is divided into two parts. The first part provides information about the Occupational Safety and Health Administration (OSHA) requirements for the health and safety of employees and practical approaches to managing workplace health and safety. Part II, which will be published next week, is a discussion section that is more interpretive and used to address specific questions related to legal issues and liabilities.

 

We must acknowledge that we are in unprecedented times for the climbing gym industry and small business as a whole. The playbook for such a pandemic is being written (and re-written) as we speak. There is some reliable information about the disease and transmission, but it is important to recognize that our understanding of “best practices” during this ongoing pandemic may change. However, there is a lot we can infer from infectious disease, in general, and that knowledge, along with existing evidence-based and peer-reviewed research and public health expertise, can act as a framework to advancing our position. The guidance provided here has been adapted from our current understanding of infectious disease controls, current workplace standards, and the best available science and public health policy, to date.

 

PART I – The Systematic Approach

Reopening Safely

The decision to reopen comes down to a number of factors. There are many types of gyms in different locations, with different populations and different local and state requirements. The focus here is on the aspects of the health and safety of employees. After reading through these questions you may realize that there is work to do. By taking additional time to think through these questions, discover answers, plan, and take a systematic approach you will be better prepared, more protective of your workers, and more likely to have a successful re-opening.

 

Consider the following questions:

  1. What is the prevalence of the virus in the community? (Monitor WHO, CDC, as well as local and state health departments.)
  2. Are there local, state, and federal orders that allow for reopening?
  3. Do we have appropriate health and safety policies and programs in place? If not, where are the gaps?
  4. What hazards are posed to staff?
  5. Have we adequately communicated with the staff and what are the concerns of the employees?
  6. What workplace controls are needed to protect staff?
  7. Do we have an infectious disease Emergency Response Plan for dealing with an outbreak?
  8. What enhanced cleaning and disinfecting procedures will be needed?
  9. Do we have adequate and appropriate PPE for employees?
  10. What additional staff training is required and how will we accomplish it?
  11. What human resource policies need to be adjusted to accommodate for sick or at-risk employees? (ADA and HIPPA requirements must be followed.)
  12. How will we track/measure the success of our policies?

Means of Exposure

We know that the SARS-CoV-2 virus that leads to the disease COVID-19, is a novel virus (i.e. new, or not previously identified), for which there is currently no vaccine. As such, the best approach for one to prevent illness is to avoid being exposed to the virus [CDC].

 

The virus spreads easily between people. The most common and likely route of exposure is person-to-person contact. Current research suggests that the most likely path of transmission for the virus is via liquid droplets from a carrier of the virus. These droplets may remain aloft in the air during exhalation, talking, sneezing, coughing, laughing, etc. Droplets may also be transferred from other parts of the body, most commonly, the hands, to the face (mouth, nose, and eyes).

 

A secondary means of the virus spreading may be through contact with surfaces or objects. Once droplets are present on a surface the viability of the virus is based on a number of factors, including but not limited to, the amount/quantity of droplets, type of material (i.e. plastic, metal, glass, wood, vinyl, etc.), and other variables. Research has shown that the SARS-CoV-2 virus can remain viable for a number of hours and up to a few days depending on various factors [NEJM Study].

 

According to credible health sources, COVID-19 is not spread through perspiration (sweat) however, items touched by many people in a gym (e.g., handholds, hangboards, ropes, carabiners, rental equipment, fitness equipment, etc.) could possibly pose a risk for transmission of settled respiratory droplets [Johns Hopkins School of Medicine FAQ].

 

Extrapolating from what we know about modes of transmission, in a climbing gym the most likely route of exposure would be through face-to-face interactions and direct contact with the patrons and co-workers. Other routes of exposures would be via communally handled or touched items coupled with a lack of good personal hygiene. Things like climbing walls, holds, volumes, ropes, rental shoes and harnesses, as well as other commonly touched areas around a gym including the front desk, keyboards/keypads, phones, waiver stations, door handles, and railings, provide the possibility of virus transfer.

 

Workplace Hazard Assessment

Identifying tasks where exposure may occur and addressing those areas ahead of time is a vital part of the process. A Workplace Hazard Assessment helps to systematically identify and address the risk to employees.

 

Climbing gyms have a high throughput of individuals and the amount of interaction and “contact” is relatively high compared to other workplaces. Based on the OSHA Occupational Risk Pyramid for COVID-19, many climbing gym workers align with the “Medium” exposure risk category. Medium exposure risks include those jobs that require frequent and/or close contact with (i.e. within 6 feet of) people who may be infected with SARS-CoV-2 but who are not known or suspected. The Lower exposure risk category include those jobs that do not require contact with people known to be, or suspected of having SARS-CoV-2 and frequent close contact is not likely to occur. This may pertain to those employees that work away from the public in an office.

 

A Hazard Assessment does not have to be a complex exercise, but it should be a written document that demonstrates that you went through the process. Performing a Hazard Assessment is the starting point for the next part of the process: Workplace Controls. [OSHA Hazard Assessment Tool].

 

Workplace Controls

Approach workplace safety from a systematic approach by implementing a hierarchy of controls. The best approach to workplace safety is likely going to require a combination of these controls. The purpose of the hierarchy of controls is to work from the “most effective” to the “least effective.” It may be that installing HEPA Negative Air machines throughout your gym is a highly effective control, but that may not be practical. Then again, there may be adjustments you can make to your existing HVAC system that improve it efficiency. Move through the hierarchy and then consider the administrative controls and finally, Personal Protective Equipment.

 

Engineering Controls

Engineering Controls are those controls that are design-based approaches and tools to keep workers from being exposed. The benefits to this approach are that they offer the highest level of protection and do not rely on worker behavior to be effective. An additional benefit is that these controls often are equally effective in providing protection to your customers. These controls include things like:

  • HEPA filtration units
  • High efficiency air filters
  • Increase of ventilation rates
    • Get fresh air into the gym
    • Maximize ventilation by using fans
  • Installation of physical barriers like acrylic sneeze guards
  • No-touch door opening-closing devices

Some drawbacks to engineering controls include the initial costs for the purchase of equipment, and limitations in types of exposures that are controlled. However, it is important to consider in your cost-comparisons the long-term benefit of engineering controls – there may be other benefits, like improved air quality, that are long term. An engineering control does not necessarily eliminate the hazard (i.e. the virus) but may offer an added level of protection.

 

Administrative Controls

An administrative control requires an action by the worker or the employer. These are changes in workplace policies and work procedures to reduce or minimize exposure to a hazard. These include:

 

Flexible Work Schedules

  • Actively encouraging sick employees to stay home.
  • Encourage sick employees to stay home without penalty.
  • Limit operational hours.
  • Change work shifts and alternating work days.
  • Perform routesetting off-hours when the public is not present.

Physical Distancing

  • Implement a social distancing plan for employees and public alike.
  • Limit the number of people in the gym.
  • Use physical barriers to create distancing and segregate areas.
  • Mark zones and minimum 6-foot intervals on the floor and pads.
  • Consider separate entrances and exits.
  • Instruct at a distance.
  • Consider the use of video and remote learning tools for training.
  • Limit access to fitness training areas.
  • Keep instructor to student ratio low.
  • Do not shake hands.

Employee Training

  • All employees must receive training about the gym’s health and safety policies and safe work practices.
  • Training must be administered if face-coverings/masks are being required.
  • Train employees on the importance of hand washing and proper method for hand washing.
  • As applicable, train employees on the proper housekeeping, cleaning, and disinfection methods.
  • Hazard Communication training should be provided on the safety and proper use of cleaning and disinfecting products. (Note: OSHA and the CDC have printable flyers available on their websites that can be posted.)
  • Training is required for how to put on and remove gloves.
  • If an N95 respiratory is being required, it must be within the context of a comprehensive respiratory protection program. (See additional notes about the use of N95 masks in Part II.)

Other Controls

  • Use an on-line sign up system.
  • Enable electronic payments and limit face-to-face transactions.
  • Provide hand washing stations at the front of the establishment or alternatively, hand sanitizer if not feasible.
  • Provide no-touch trash cans.
  • Supply no-touch hand sanitizing devices.
  • Provide tissues.
  • Establish “before and after” rules for hand washing.

Personal Protective Equipment (PPE)

The use of Personal Protective Equipment is an important tool that can be used to minimize the likelihood of exposure. PPE for SARS-CoV-2 include things like cloth face coverings, gloves, protective eyewear or facemasks, and respiratory protection. Employers are obligated to provide their workers with the PPE needed to keep them safe during work (29 CFR 1910.132).

 

It is important to distinguish between what we mean by face coverings vs. Respiratory Protection. Surgical masks and face coverings are intended to trap droplets expelled by the user, they may protect others from the wearer of the mask but are not substantial enough to protect the wearer from an inhalation hazard. More recent guidance from the CDC has noted that some minimal level of protection is afforded to the wearer against droplet exposure. On the other hand, a respirator – such as an N95 NIOSH-approved respirator (National Institute for Occupational Safety and Health – NIOSH) has a rated level of protection to the wearer. There are additional requirements for a worker that wears an N95 (or half-face or full-face) respirator. Workers must be part of a comprehensive written respiratory protection program that includes fit-testing, training, and a medical evaluation. (29 CFR 1910.134)

 

While PPE is a valuable component of your health and safety controls it is not a substitute for good hygiene and physical distancing.

 

Requirements for PPE include:

  • Training on the proper donning (putting on) and doffing (taking off) of masks and gloves
  • Proper disposal of used PPE to avoid contamination

Employers should be aware that cleaning products and disinfectants may contain hazardous chemicals that could be harmful to workers. When workers are exposed to hazardous chemicals (such as sanitizing agents) additional personal protective equipment (PPE) is required. Additional guidance for these specific areas can be found in OSHA’s Hazardous Communication standard (29 CR 1910.1200), in the PPE standard (29 CFR 1910 Subpart I) and in the section specifically related to Housekeeping for hospital environments, which may apply here.

 

The U.S. Environmental Protection Agency (EPA) has developed a list of products that meet EPA’s criteria for use against SARS-CoV-2. Review product labels and Safety Data Sheets and follow manufacturer specifications.

 

Emergency Response Plan

Every climbing facility needs to consider the scenario where a presumed positive COVID-19 person has entered their facility. For this reason a workplace specific emergency response plan is necessary. CDC guidance recommends the following:

  • Be prepared to change your business practices, if needed, to maintain critical operations.
  • Establish an emergency communications plan. Identify key contacts (with back-ups), chain of communications (including suppliers and customers), and processes for tracking and communicating about business and employee status.
  • Share your response plans with employees and clearly communicate expectations. It is important to let employees know plans and expectations if COVID-19 occurs in communities where you have a workplace.
  • In most cases, you do not need to shut down your facility. But do close off any areas used for prolonged periods of time by the sick person:
    • Wait 24 hours before cleaning and disinfecting to minimize potential for other employees being exposed to respiratory droplets.
    • If waiting 24 hours is not feasible, wait as long as possible. During this waiting period, open outside doors and windows to increase air circulation in these areas.

For Gym Owners

In addition to considering and incorporating the above items into your plan, consider the following as well:

  • If you do not already have one, designate a health and safety officer or a team. If that is not possible, seek outside expertise. A professional or company who specializes in workplace health and safety programs who has experience with climbing facilities is preferred.
  • Using the guidance herein, along with the additional references, develop an Infectious Disease Preparedness and Response Plan.
  • Develop a phase-in reopening plan. Your phased in plan should have measurable targets and contingencies in the event of changes.
  • Develop procedures for the prompt identification and isolation of sick employees.
  • Develop a wellness questionnaire. Employers have the right to require employees to participate in health screenings and monitoring programs for the purposes of protecting the workplace. A number of apps are coming to market that may help to monitor employee illness. Give additional consideration employees who are in an elevated-risk category as defined by the CDC (consult ADA). (Notes: Confidentiality of health data must be maintained and any health screenings should be made as private as possible.)
  • COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. Certain conditions apply including that it must be a “confirmed case” (i.e. presumptive positive test that was laboratory confirmed), the case must be “work-related,” (29 CFR 1904.5) and the case must meet certain criteria for days away from work and have required medical treatment (29 CFR 1904.7).
  • Reduce and limit in-person staff meetings and gatherings.
  • Work with your local health department in tracking cases and staying abreast of the ongoing trends.

For Employees

Employees have an important role to play in maintaining their own health and safety and in protecting their co-workers, the public, and the gym.

  • Evaluate your health and do not come to work sick.
  • Communicate with your manager about your condition.
  • Report unsafe conditions to management.
  • Abide by all physical distancing guidelines.
  • Wear face coverings at work and out in public when social distancing cannot be maintained.
  • Wash your hands often.
  • Participate and seek training for the proper use and limitations of PPE.

Our Work Here Is Not Done

It's clear that our understanding of best practices during this pandemic may change and the situation is evolving on a daily basis. In Part II of this article, I will focus on some of the unanswered questions and areas of legal concern. Keep an eye out for this information covering the more nuanced areas of workplace safety and health next week.

 

Additional Guidance and References

 

Aaron Gibson Head ShotAbout Aaron Gibson

Aaron is a climber of over 27 years and an EOSH Professional specializing in fall protection, health, and safety. He holds a Masters of Science in Environmental Epidemiology & Toxicology from the University of Oklahoma Health Science Center School of Public Health and is an Associate Safety Professional (ASP) pursuing his Certified Safety Professional (CSP) through the Board of Certified Safety Professionals (BCSP). He has over sixteen years of experience in workplace and environmental health and safety serving local, state, and federal agencies as well as private industry. Aaron has applied his experience to the climbing industry as a safety industry consultant, as well as a gym owner and manager, a USA Climbing coach, certified routesetter, CWA Climbing Wall Instructor Provider, and AMGA Single Pitch Instructor. You can contact Aaron at aaron@rockislandclimbing.com.

 

Tags:  coronavirus  COVID-19  hygiene  management  operations  OSHA  PPE  regulations  risk management  sanitization  staff training  workplace safety 

Share |
PermalinkComments (0)
 

Building Power in the Darkest Hour – Advocacy Behind the Scenes of COVID-19

Posted By Alexandra Wojcicki, Thursday, May 14, 2020
Advocacy Update

Although our industry faces unique and unforeseen obstacles, we hope to offer some comfort in the knowledge that no one faces them alone. Your team at the CWA has been working diligently in the background to help leverage our power and amplify our voices around the issues that matter most in this moment. Since the initial outbreak began gaining national attention in March, we have been running two advocacy campaigns spanning the United States and Canada, focusing on providing guidance and relief for the industry in a post-COVID-19 world.

 

In the USA, we have released the CWA’s open letter to Congress, circulated a financial relief petition, released a survey to gauge economic impacts of COVID-19 on our members and the industry, and launched a letter writing and calling campaign. We’ve also mobilized a network of volunteers who are graciously leveraging their connections and initiating conversations with decision makers and decision influencers at the state level to push forward the industry’s advocacy agenda.

 

In Canada, we’ve aligned with the Save Small Business grassroots lobbying movement and the CEC Task Force, which is currently in the process of formulating an advocacy campaign plan. The likely first steps will include an open letter to Parliament with a template that gym owners can lean on to make personalized asks of elected officials. We currently have volunteers from each province researching decision making or decision influencing health authorities and their contact information, as the industry will need to have a voice in the conversation surrounding reopening mandates.

 

The CWA has also been getting ahead of damaging press (ex: references to climbing gyms as “petri dishes”, etc.) through a two-pronged strategy – proactively communicating with major industry publications on how to avoid accidental phrasing that has potential to promote long-term stigma, and drafting articles that highlight the industry’s inherent risk management proficiency, overall resiliency, and commitment to public health.

 

Upcoming advocacy priorities for the CWA will, for the time being, focus on publishing reopening resources which will be paired with a communication toolkit that helps gym owners navigate sharing new guidelines and regulations with their communities; releasing a guide on how to educate and communicate with your local health authorities, so that we can empower our members to advocate for themselves in localities where it is needed; and organizing strategies and tactics to create momentum behind a commercial rent abatement movement.

 

Regardless of what the next wave of COVID-19 developments may bring, the CWA will still be here for you, advocating on your behalf and creating resources to support your business. Brighter days are certain to come, and as an industry leader we will help pave that path. Thank you for standing with us as we could not do the work without you – together we’re stronger, now and always.

 

If you’d like even more insight into the CWA’s advocacy efforts to date, here is the recording of a recent Community Call in which we give an update on CWA's advocacy campaign and information on what's coming up. If you have any questions or concerns, please don’t hesitate to reach out to advocacy@climbingwallindustry.org – we’re always here for you, and happy to help!

 

Alexandra Wojcicki Head ShotAbout the Author

Alexandra Wojcicki is the Membership Manager at the Climbing Wall Association. She has a decade of experience working with nonprofit organizations on building member programs, managing partnerships, fundraising, and marketing. A Northern Virginia native, she is now based in Boulder, Colorado, as an enthusiastic climber, backpacker, camper, and traveler.

 

Tags:  advocacy  coronavirus  COVID-19  regulations 

Share |
PermalinkComments (0)
 

Billing Challenges in the Fitness Industry

Posted By Garnet Moore, Thursday, April 16, 2020
Fitness Gyms Billing Challenges

As the majority of gym closures enter into their fifth week and some customers will soon be making the choice to stay committed to your gym for the second month, you should make sure that your options are in line with any local laws and with the expectations of your community. The indoor climbing industry can learn from some of the challenges faced by health clubs and work to avoid any unnecessary regulation.

 

Some states, such as Maryland, have laws enacted that limit fitness center options based on the length of closure. As always there are subtleties to these laws and often laws pertaining to health clubs do not apply to climbing gyms. However, news articles, social media, and public sentiment may affect your member’s thinking and your messaging should be clear, consistent, and constant.

 

A prominent example of the risks involved is the New York Sports Clubs. Their lack of messaging has frustrated their members to the point that a class action lawsuit has been filed against their parent company. They have received massive backlash on social media, and a petition protesting their response has over 1,500 signatures.

 

Another example, from a sibling company to the NYSC, the Boston Sports Clubs in Massachusetts has seen intervention by the state’s Attorney General after receiving hundreds of complaints.

 

By staying informed of the public sentiment and any developments in your area, you can potentially avoid any similar legal challenges.

 

The one-month timeline has surfaced in a number of health clubs as a turning point in policy and communication style. After receiving negative criticism from the public and a lawsuit in California, 24 Hour Fitness has announced that they will automatically suspend billing if they are not able to reopen one month after closing. As many climbing gyms enter the second month of closure now, is the time to keep customers informed.

 

Climbing gyms tend to have more consumer-friendly policies than the fitness industry, where in-person cancellations and notice-periods are not uncommon. But as closures wear on, you need to pay attention to the needs and moods of your customers. It has been heartening to see the number of climbers who are willing to stay committed to their gyms, and hopefully some amount of reopening is not too distant, but small missteps now could potentially harm your ability to re-engage with those customers. At the moment, there is no substitute for constant and considerate communication.

 

It is also important at times like these to be as consistent as possible as an industry, have similar policies to gyms in your state and region, and (again) follow any applicable local regulations. It is, of course, necessary to seek out any revenue you can while having to stay closed, and it is hard to consider these additional challenges. But, by being proactive and staying in touch with your members about your decisions and their options, you can stay ahead of any potential risks.

 

If you do experience any regulatory or legal challenges get in touch with the CWA to let us know what we can do to help. Our volunteers are keeping an eye on regional legal developments and we will add any new laws or potential risks to our records.

 

Garnet Moore Head ShotAbout the Author

Garnet Moore is the Director of Operations at the Climbing Wall Association. Garnet brings more than a decade of experience in the climbing industry, including his time as the COO at Brewer's Ledge.

 

Tags:  billing  coronavirus  COVID-19  member communications  regulations  risk management 

Share |
PermalinkComments (0)
 

The Impact of H.R. 6201 “Families First Coronavirus Response Act” on Indoor Climbing Gyms

Posted By Garnet Moore, Friday, March 20, 2020
Families First Coronavirus Response Act

On March 18th Congress passed the Coronavirus Response Act. In this bill there is assistance for you and your employees. Here’s a brief overview of some of the key laws that you will need to pay attention to.

 

Emergency Paid Sick Leave Act

  • If you have fewer than 500 employees, you must now provide 2 weeks of paid sick leave.
    • If your employee has been advised to self-quarantine, is experiencing symptoms, or is subject to an isolation order, you must pay sick leave at the regular rate.
    • If they are caring for someone who has been advised to self-quarantine, is experiencing symptoms, or is subject to an isolation order, or if they are caring for a child whose school or care provider has been closed, you must pay sick leave at two-thirds the regular rate.
  • Full time workers are eligible for up to 80 hours of sick leave and part-time workers are eligible for sick leave based on their normal work hours over a two-week period.
  • If you have less than 50 employees, the Department of Labor may exempt businesses from this requirement if it threatens the viability of the business.
  • Employees must have been employed for 30 days to be eligible for this benefit.
  • If you have an existing paid leave policy, you must also provide this emergency paid sick leave.
  • You could be subject to civil penalties if you violate this law.

Tax Credits for Required Paid Sick Leave

  • You will receive a refundable payroll tax credit equal to 100% of qualified paid sick leave wages for each quarter.
    • This credit is claimed on your quarterly employment tax returns. To assist with cash flow, employers can fund the family leave pay by accessing employment taxes that have been withheld and set aside for deposit with the IRS.
    • The credit is capped at $511 per day for employees personally affected, and at $200 per day for employees who are caring for others.
  • If you are self-employed and you are diagnosed or have to comply with an isolation recommendation you are able to claim up to 100% of the qualified sick leave equivalent, if you are self-employed and you are caring for someone you can claim up to 67% of the sick leave amount.
    • The credit is refundable and will be credited against your income and self-employment taxes.
    • The credit is capped at $511 per day or the average daily self-employment income for the tax year.
    • You must retain documentation to establish eligibility for the credit.

Emergency Family and Medical Leave (FMLA) Expansion Act

  • If you have fewer than 500 employees your employees who have been working for at least 30 days are entitled to take up to 12 weeks of job-protected leave under the FMLA if they are caring for a child whose school or care provider has closed.
    • The first 10 days of this leave can be unpaid, but an employee could choose to use vacation, personal leave, or any other paid time off available.
    • After the first 10 days employers must provide two-thirds the normal pay rate.
  • Family leave pay is capped at $200 per day and $10,000 in total and is limited to 12 weeks in one calendar year.
  • If you have less than 50 employees the Department of Labor may exempt businesses from this requirement if it threatens the viability of the business.

Tax Credits for Required Paid Family Leave

  • You will receive a refundable payroll tax credit equal to 100% of qualified family leave wages paid.
    • This credit is claimed on your quarterly employment tax returns. To assist with cash flow, employers can fund the family leave pay by accessing employment taxes that have been withheld and set aside for deposit with the IRS.
    • The credit is capped at $200 per day and $10,000 dollars per calendar quarter.
    • The credit is triggered only after an employee has taken more than 10 days of paid sick leave.
  • If you are self-employed and you are caring for a child whose school or care provider has closed, then you are eligible for a tax credit equal to 100% of the qualified family leave equivalent.
    • The credit is refundable and will be credited against your income and self-employment taxes and it can be refundable against an employer’s payroll taxes.
    • The credit is capped at $200 per day or the average daily self-employment income for the tax year and is capped at 50 days.
    • You must retain documentation to establish eligibility for the credit.

 

Garnet Moore Head ShotAbout the Author

Garnet Moore is the Director of Operations at the Climbing Wall Association. Garnet brings more than a decade of experience in the climbing industry, including his time as the COO at Brewer's Ledge.

 

Tags:  coronavirus  COVID-19  human resources  leadership  management  public policy  regulations 

Share |
PermalinkComments (0)
 

CWA’s Public Policy Agenda: Protecting Our Sport

Posted By Robert Angell, Monday, February 17, 2020
Climbing Gym Regulations

If you are a gym owner or operator, chances are you have been approached by a representative of a government agency in your state at one time or another, and informed that the agency has begun, or is about to begin, a licensing and inspection scheme involving your operation. This article will walk you through the CWA’s stance on regulatory issues and how those issues can impact climbing wall operators like you.

 

Through its public policy agenda, the CWA works to prevent inappropriate licensing and inspection schemes that drive up costs for you and your members and may increase your members’ risk of injury.

 

The CWA’s public policy agenda includes the following policy statements:

 

The CWA’s public policy agenda involves educating our members on policy matters that may have an impact on their programs and businesses; promoting positive regulatory and business conditions for the industry; and promoting sound public policy regarding health, physical education and recreation. The CWA ... coordinates activity on the state and local levels to defend against policies, laws, or regulations that might be harmful to our members or the public.

 

Legislatures have proposed laws that would allow state or provincial governments to establish licensing requirements, enact regulations, and administer climbing gym inspections. Frequently this is accomplished by applying amusement licensing laws to sports and recreation facilities, which we oppose.

 

Several state legislatures have proposed bills that would severely restrict use of visitor or participation agreements, specifically weakening liability protections for the business owner[;] we maintain that these liability protections are necessary for the long term health and viability of a sport like climbing.

 

State amusement licensing laws were mainly enacted before the advent of the dedicated indoor climbing facility and are somewhat similar from state to state. Ohio’s law is fairly typical:

 

"Amusement ride" means any mechanical, aquatic, or inflatable device, or combination of those devices that carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of providing amusement, pleasure, or excitement. (ORC 1711.50(A))

 

The three elements, “mechanical device,” “carries or conveys passengers on, along ... a fixed or restricted course,” and “purpose of providing amusement, pleasure, or excitement” are common to the pre-indoor climbing amusement statutes.

 

State agencies charged with regulating amusement devices and venues have indulged some tortured interpretations of these elements in order to fit commercial climbing walls into the amusement regulatory scheme. Most of these efforts involve the “mechanical device” and “fixed course” elements. State agencies have contended that carabiners, auto belays, holds, and harnesses fit the definition of “mechanical device.”

 

One state regulator even asserted that the wall itself is a “mechanical device” that “conveys passengers” to the top. The regulators then argue that the set routes on the walls fit the definition of “fixed course.”

 

The practice of classifying climbing walls as amusement devices has real-world consequences for the operator. States can:

  • impose high registration and licensing fees (which may be assessed per-wall instead of per-facility);
  • subject operators to inspections by inspectors trained to inspect amusement rides;
  • adopt operational standards designed for the amusement industry;
  • and subject operators to onerous penalties for failing to comply with the regulatory scheme, including hefty monetary penalties, cease-and-desist orders, and even criminal liability.

Classifying climbing gym employees as amusement workers may result in as much as a fivefold increase in workers’ compensation premiums. In turn, the cost of participation goes up.

 

The CWA does not oppose regulation per se. We recognize that state agencies are charged with protecting the public and ensuring competent operations. However, we believe that regulation should be appropriately tailored to the realities of our sport.

 

Our argument is that a commercial climbing gym is a training and fitness facility that cannot be appropriately regulated as an amusement venue, and that applying amusement regulations to our sport may result in increased risk to participants.

 

The CWA has developed valuable resources that help us to make those arguments, including the Industry Practices, standards for climbing wall instructors, work-at-height, design and engineering, structural inspections, and the ClimbSmart! program. This focus on the function of the facility has served us well in a number of states.

 

If state regulators come calling at your gym, we are ready to help! Give us a shout or an e-mail if you have questions or concerns.

 

Bob Angell Head ShotAbout the Author

Robert Angell is an Ohio- and Colorado-licensed attorney concentrating in the areas of administrative law, recreation, amusement, and entertainment law, and business formation. He served on the CWA Board of Directors from 2006 to 2013 and was reappointed to the Board in 2019. Bob has been instrumental in regulatory initiatives on behalf of CWA members across the U.S. since 2005. His clients include many gyms in Ohio and other states.

 

Tags:  certifications  operations  public policy  regulations  risk management  standards 

Share |
PermalinkComments (0)
 
Membership Software Powered by YourMembership  ::  Legal