RISK MANAGEMENT ON MOUNTAIN BIKE - Alaska Trails

R I S K M A NAGE ME NT O N M O U NTAIN B I K E
                   TRAILS
Forum Presenters:
                    Maeve Nevins-Lavtar, Senior Park
                    Planner, Municipality of Anchorage

                    Sam Severin, Assistant Municipal
                    Attorney, Municipality of Anchorage

          2018 ALASKA TRAILS SUMMIT – ANCHORAGE, AK

                              April 28, 2018

AGENDA
Saturday, April 28, 2018
10:00 am – 11:00 am
1. MOA Risk Program Development
2. Inspection Criteria (MOA Specific)
3. Legal
4. Freestyle – Q & A

WHAT IS RISK MANAGEMENT?
“A systemized approach to incorporating safety into the
trail riding experience.” -IMBA
Goals:
1. Manage the risk on your trails
2. Minimize the losses from lawsuits
To accomplish these goals, three steps:
1. Design and build trails appropriately
2. Manage and maintain them consistently and
responsibly
3. Acquire the protection of a sound insurance policy or
other risk transference strategies

Source: https://www.imba.com/resources-liability/designing-risk-management-program-
mountain-biking

RESOURCES

KEY ELEMENTS OF RISK MANAGEMENT
PROGRAM (SOURCE: IMBA)
1. Create Risk Management Team and Designate Leader
Recruit a team who will be responsible for making sure the risk management program is developed,
implemented, and documented. Designate a team leader whose title will be Risk Management Coordinator.
2. Write Philosophy Statement
Demonstrate your organization's commitment to risk management by writing an official statement that
declares your position on safety and risk. This could be considered the 'mission statement' for your trail with
regards to risk.
3. Establish Trail Design and Construction Policy
It is important that your organization develops or adopts guidelines or a policy on trail design and
construction. Your team's philosophy statement on risk will help select or modify guidelines to meet your
group's goals and needs.
4. Implement a Trail Difficulty Rating System
Post clear signs that indicate the relative technical difficulty of each trail. This will encourage visitors to use
trails that match their skill level and can minimize injuries.
5. Develop an Effective Signage System
Signs play a vital role in managing risk. Consider using warning signs to mark unexpected hazards. But signs
can also be used to indicate trail difficulty, remind visitors of trail rules, encourage responsible riding, and
many other things.
6. Institute Visitor Rules and Regulations
Assemble all your trail-user regulations and review them. Add or modify safety regulations if needed.
7. Develop an Emergency Plan
An action plan for emergencies is an often-overlooked component of trail management. You don't have to
park an ambulance with the engine running at the trailhead, but you are responsible for a minimum level of
care.
8. Eliminate Unreasonable Hazards, Focus on Man-made Structures
Although this step is really part of your routine trail maintenance duties, don't postpone this vital task during
the often-lengthy risk management planning process. Evaluate your trail system now and eliminate
unreasonable hazards or post warning signs.

Key Elements of Risk Management Program
(IMBA) continued…
9. Establish Trail Inspection and Maintenance Policy
Many negligence lawsuits are related to faulty trail maintenance rather than improper trail design or construction.
Therefore, adherence to a written inspection and maintenance plan is vital.
10. Maintain Trail System Consistent with Policy
Once you've established trail policies, you'll need to ensure your trails meet the policy. For some trails, modifications
may not be needed. For others, it could be a gargantuan task. It isn't necessary to correct all issues immediately, but
you should develop a long-term plan for the work.
11. Create Record Keeping System
Documenting your handiwork is vital in order to defeat allegations of negligence. Well-organized records, in particular
a written maintenance log, may even deter lawsuits from being filed in the first place.
12. Develop Accident Reporting and Analysis System
By tracking accidents that occur on your trail system, you'll be better equipped to improve your risk management
systems. Identifying and addressing hazards, improving emergency services, and providing a higher level of care can
result from accident tracking.
13. Deploy a Trail Patrol
When you consider the many benefits of trail patrols, it's amazing they aren't utilized more often. From trail inspection
and hazard identification to accident reporting and on-the-fly maintenance, a volunteer patrol is the perfect way to
accomplish many risk management duties.
14. Purchase or Review an Insurance Policy
Trail managers and volunteer groups should obtain insurance policies that protect them from liability claims resulting
from their trail management activities. Other risk transference options exist, but are beyond the scope of this
presentation. Consult a risk management expert to investigate other strategies to complement insurance coverage.
15. Recruit Outside Advisors
Enhance your team by adding a risk management consultant or professional recreation manager with risk
management experience. Even a one-time consultation can expose liabilities you may have missed.
16. Perform a Periodic Review of the Program
Finally, keep your plan updated. Inevitably, your trail system will evolve, your insurance policy will change, and your
trail work priorities will shift.

Strong Partnerships - Anchorage

            M O U N TA I N B I K E
            O R G A N I Z AT I O N S

THANK YOU VOLUNTEERS & DONORS!

MOA PARKS & RECREATION
             RISK MANAGEMENT PLAN
1.   Follow Industry Standards - (IMBA, NPS, BLM, other Gov’t Agencies and land
     managers)
2.   Experienced Leadership - project team are users and landscape architects
3.   Strong Partnerships - Teamed with Singletrack Advocates and other user groups,
     previous work experience with contractors
4.   Maintenance Agreement, included insurance, trail maintenance plan, emergency
     procedures, schedules including trail inspections with park staff, hazards mitigation,
     volunteer reports, etc.; MOA covers items beyond scope of volunteers (major tree fall)
5.   Signage Requirements for public outreach (hazards, wildlife, construction areas);
     maps and rules signs
6.   Construction Management - Site visits during construction, documented trip reports,
     M.A.S.S. Specifications & Standards apply
7.   Emergency Plan - Signs at all trail intersections to ID location
8.   Tools for others - Tours for responders , maps and GIS coordinates provided for
     Emergency Responders and the public
9.   Advisors - Risk and Legal Dept. review at every major step; utilize established IMBA
     inspection of system
10.  Regular Inspections - Documented inspection reports with photos
11. Accident Reporting and Analysis
12. Trail User Data Collection – temporary counters on trails

INSPECTION CHECK LIST
           MUNICIPALITY OF ANCHORAGE
 Fall Zones: 10’ on each side of the outside of trail must be free of any potential
   “impalements” (sticks that could poke someone if they fall), this includes grinding
   down any sharp stumps), also look about 10’ above the trail, and if the rider can
   catch any air then take that into consideration.
 Site lines: On all curves and top of hills there must be a clear site line
  through to the trail ahead (about 15-30’ or so), this is critical on two-way
  trails.
 Vegetation
 Drainage
 Barriers/fences
 Trail Tread (surface material)
 Trail “features” (jumps, berms, etc)
 Bridges
 Stone/rock features or bridges

INSPECTION CHECK LIST
               MUNICIPALITY OF ANCHORAGE
  CONTINUED…

 Trail Signs including Rules, Wayfinding Maps and Intersection
  Markers
    Intersections: GPS points must be developed and provided to
       local Emergency Responders, Fire Dept, park staff (maintenance,
       managers, Risk/Legal Management MOA)
      If trails are two-way or one-way directional, they need to be clearly marked
         at each end of trail to avoid conflict; if there are more than one skill level of
         trail then appropriate signage and a “filter” should be installed to prevent
         beginner riders from going down a trail that is too difficult.
 Expert Trails: this level of trail requires advanced skills and should be
  inspected with caution. We learned from past.Trail “filters” and appropriate
  “expert signs/rules” signage is required at start; a pull-off area at beginning of
  trail for resting (they will lap these types of trails and need to take turns); “ride
  around” lines are used at each “feature” or “jump” to enable a less experienced
  rider an easier line choice.
 Signed Maintenance Plan (annual renewal with user-group)
 Insurance

STEPS TAKEN DURING CONSTRUCTION
 Warning signs at ALL trail entry points
 Bright (orange) fencing at all entry points
 Public Announcements on social media, press and webpage
 Volunteers sign waivers and have safety education & equipment at
  every volunteer event
 Only designated Park Staff, User-Group leaders and Contractor
  allowed to ride/inspect trails prior to opening
 Construction Access Plan
 Posted Permits (SWPPP, ROW, Army Corps, etc.)

STEPS TAKEN DURING CONSTRUCTION

 Fall Zones:10’ on each side of the outside of trail must be free of any
  potential “impalements” (sticks that could poke someone if they fall),
  this includes grinding down any sharp stumps), also look about 10’
  above the trail, and if the rider can catch any air then take that into
  consideration.

 Trail “features” (jumps,
  berms, etc)
 Bridges
 Stone/rock features or
  bridges

TRAIL SIGNAGE
 Trail Signs including Rules,
  Wayfinding Signs, Maps and
  Intersection Markers
     Intersections: GPS provided to
       local Emergency Responders,
       Fire Dept, MOA Staff
       (maintenance, managers,
       Risk/Legal Management MOA)
     Indicate direction: Are trails two-
      way or one-way directional?
         Clearly marked at each end of
          trail to avoid conflict.
         If there are more than one skill
          level of trail then appropriate
          signage and a “filter” should be
          installed to prevent beginner
          riders from going down a trail
          that is too difficult.

TRAIL SIGNAGE: MAPS

  Campbell
   Creek

                      Seward
                      Highway

TRAIL SIGNAGE: WARNINGS

TRAIL SIGNAGE: RULES &
CAUTION

TRAIL SIGNAGE: ADVANCED
 Expert Trails: this level of trail requires advanced skills and should be
  inspected with caution. We’ve learned from past projects. Trail “filters” and
  appropriate “expert signs/rules” signage is required at start; a pull-off area
  at beginning of trail for resting (they will lap these types of trails and need
  to take turns); “ride around” lines are used at each “feature” or “jump” to
  enable a less experienced rider an easier line choice.

TRAIL SIGNAGE

SUSTAINABLE TRAIL
CONSTRUCTION

PUBLIC COMMUNICATION

   Social Media WORKS, photos! Photos! Photos!
   Create videos of project, before and after
   Create project webpages, send out email – newsletters
   Talk to the press, it can be a tool for free public outreach!

SAM SEVERIN, ASSISTANT MUNICIPAL ATTORNEY,
MUNICIPALITY OF ANCHORAGE, ALASKA

Western Alaska’s Statues Annotated
                  Title 9. Code of Civil Procedure
                  Chapter 65. Actions, Immunities, Defenses, and Duties

SEC. 09.65.290. CIVIL LIABILITY FOR SPORTS OR RECREATIONAL
ACTIVITIES.
 (a) A person who participates in a sports or recreational activity assumes the
 inherent risks in that sports or recreational activity and is legally responsible for
 all injuries or death to the person or other persons and for all damage to
 property that results from the inherent risks in that sports or recreational activity.
 (b) This section does not require a provider to eliminate, alter, or control the
 inherent risks within the particular sports or recreational activity that is provided.
 (c) This section does not apply to a civil action based on the
 (1) negligence of a provider if the negligence was the proximate cause of the
 injury, death, or damage; or
 (2) design or manufacture of sports or recreational equipment or products or
 safety equipment used incidental to or required by a sports or recreational
 activity.
 (d) Nothing in this section shall be construed to conflict with or render as
 ineffectual a liability release agreement between a person who participates in a
 sports or recreational activity and a provider.

SEC. 09.65.290. CIVIL LIABILITY FOR SPORTS OR RECREATIONAL
 ACTIVITIES. C O N T IN UED …
(e) In this section,
(1) "inherent risks" means those dangers or conditions that are characteristic of, intrinsic
to, or an integral part of a sports or recreational activity;
(2) "provider" means a person or a federal, state, or municipal agency that promotes,
offers, or conducts a sports or recreational activity, whether for pay or otherwise;
(3) "sports or recreational activity"
(A) means a commonly understood sporting activity, whether undertaken with or without
permission, including baseball, softball, football, soccer, basketball, hockey, bungee
jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and
other equine activity, dude ranching, mountain climbing, river floating, whitewater rafting,
canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or
helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow
sliding, snowmobiling, off-road and all-terrain vehicle use;
(B) does not include
(i) boxing contests, sparring or wrestling matches, or exhibitions that are subject to the
requirements of AS 05.10;
(ii) activities involving the use of devices that are subject to the requirements of AS 05.20;
or
(iii) skiing or sliding activities at a ski area that are subject to the requirements of AS
05.45.

Credits: SLA 2003, ch. 121, § 3. ; Notes of Decisions (6);
AS § 09.65.290, AK ST § 09.65.290
Current through the 2016 Second Regular Session through Fifth Special Session of the 29th Legislature

SEC 09.65.202. TORT IMMUNITY FOR LANDOWNERS’ ALLOWING
 RECREATIONAL ACTIVITY; ADVERSE POSSESSION

(a) A landowner that allows a recreational activity on the landowner’s land
without charge does not, by allowing that activity,
(1) owe a duty of care to maintain the land safe for entry or use for a
recreational activity or to eliminate, alter, or control the inherent risks of a
recreational activity;
(2) owe a duty to warn persons using the land for a recreational activity of any
dangerous condition, known or unknown, apparent or hidden;
(3) owe a duty to curtail or prevent use of the land for recreational activities;
(4) implicitly ensure that the land is safe for any purpose;
(5) confer a legal status, such as invitee or licensee, to which a special duty of
care is owed; or
(6) assume responsibility for any injury to persons or property.
(b) This section applies only during the time that a landowner allows
recreational use under a recorded grant of a public recreational use easement
as required in AS 34.17.100.
(c) This section does not apply to a civil action
(1) if the landowner collects a charge for entry on the land for a recreational
activity; or

SEC 09.65.202. TORT IMMUNITY FOR LANDOWNERS’ ALLOWING
 RECREATIONAL ACTIVITY; ADVERSE POSSESSION.
 CONTINUED…

(2) that is based on intentional, reckless, or grossly negligent conduct of the
landowner.
(d) This section may not be construed to conflict with, nor does it have any
effect on, a liability release agreement between a participant in a recreational
activity and a landowner.
(e) Except as provided for under AS 09.45.052(d), land use allowed by a
landowner for a recreational activity without charge may not form the basis of
a claim for adverse possession, prescriptive easement, or a similar claim.
(f) In this section,
(1) “charge” means a fee or admission price imposed for access to or use of
land, a recreational activity, a service, an entertainment, or another activity,
except that the following is not considered a “charge”:
(A) consideration received by the landowner from the state or political
subdivision for land leased or dedicated to the state or political subdivision;
(B) property tax relief in exchange for a landowner’s agreement to open land
for a recreational activity; or

SEC 09.65.202. TORT IMMUNITY FOR LANDOWNERS’ ALLOWING
    RECREATIONAL ACTIVITY; ADVERSE POSSESSION.
    CO NTINUED …

(C) a contribution in kind, service, or cash from a user if all of the contribution is
used to improve access or trails, to remedy or reduce damage, to provide
warning of a hazard, or to remove a hazard from the land;
(2) “land” includes private
(A) unimproved land;
(B) improved land, exclusive of buildings, structures, machinery, or equipment
on the land;
(C) ways or land subject to an easement or right-of-way;
(D) roads and trails;
(E) water and watercourses on or running through the land;
(3) “landowner” means a private person who owns land;
(4) “private person” has the meaning given in AS 09.55.240;
(5) “recreational activity” has the meaning given “sports or recreational activity”
in AS 09.65.290.
Credits: Added by SLA 2008, ch. 116, § 1, eff. June 27, 2008.
AS § 09.65.202, AK ST § 09.65.202
Current through the 2016 Second Regular Session through Fifth Special Session of the 29th Legislature

THANK YOU!!!

CONTACTS:
 Maeve Nevins-Lavtar (907)-343-4135;   Sam Severin (907)-343-4532;
 NevinsLavtarMV@muni.org               SeverinS@muni.org