ASC Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), which entity is responsible for ensuring backcountry avalanche programs remain accessible to participants with disabilities?
- The federal avalanche center
- The program operator or guide service (Correct answer)
- The state forestry agency
- The National Ski Areas Association
Correct answer: The program operator or guide service
Program operators and guide services bear ADA compliance responsibility for the programs and services they offer.
Question 2: Which federal agency oversees worker safety regulations that apply to professional avalanche forecasters and ski patrol working in avalanche terrain?
- EPA
- OSHA (Correct answer)
- FEMA
- BLM
Correct answer: OSHA
OSHA (Occupational Safety and Health Administration) sets and enforces workplace safety standards for avalanche professionals.
Question 3: A guided backcountry skiing operation on US Forest Service land must primarily operate under which type of permit?
- Special Use Permit (Correct answer)
- Recreation Opportunity Spectrum license
- Wilderness Recreation Permit
- Commercial Activity Certificate
Correct answer: Special Use Permit
The USFS issues Special Use Permits to commercial operators conducting guide services on National Forest lands.
Question 4: When must an avalanche accident report be filed with the Colorado Avalanche Information Center (CAIC) or equivalent state center?
- Only when a fatality occurs
- Only when property damage exceeds $10,000
- As soon as practicable after any avalanche involving people or infrastructure (Correct answer)
- Within 30 days for non-fatal incidents only
Correct answer: As soon as practicable after any avalanche involving people or infrastructure
Avalanche incident reporting to state centers should occur as soon as practicable for any significant avalanche event involving people or structures.
Question 5: Which document typically defines the legal duty of care owed by a ski area to inbounds avalanche terrain users?
- The Skier Responsibility Code
- State ski safety statutes and the resort's operating plan (Correct answer)
- OSHA 1910 General Industry standards
- The Federal Land Policy and Management Act
Correct answer: State ski safety statutes and the resort's operating plan
State ski safety acts combined with the resort's USFS-approved operating plan legally define duty of care within ski area boundaries.
Question 6: In most US states, what legal doctrine limits a ski resort's liability when a skier voluntarily enters a closed avalanche area?
- Res ipsa loquitur
- Assumption of risk (Correct answer)
- Comparative negligence
- Strict liability
Correct answer: Assumption of risk
Assumption of risk holds that skiers who knowingly enter closed or hazardous terrain accept the inherent dangers involved.
Question 7: A helicopter ski operation conducting avalanche mitigation with explosive charges must comply with regulations issued by which US agency?
- FAA and ATF (Correct answer)
- USFS and EPA
- OSHA and BLM
- NPS and FCC
Correct answer: FAA and ATF
Helicopter operations fall under FAA jurisdiction, and the use of explosive charges for avalanche control requires ATF licensing and compliance.
ASC Regulatory Compliance & Legal Framework 2
Under the Americans with Disabilities Act (ADA), which entity is responsible for ensuring backcountry avalanche programs remain accessible to participants with disabilities?