ASC Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: Under the Wilderness Act of 1964, which type of avalanche mitigation activity is generally prohibited in designated Wilderness areas?
- Hand-placed explosive charges
- Use of motorized equipment such as helicopters or snowcats (Correct answer)
- Probe pole surveys
- Shovel pit excavation
Correct answer: Use of motorized equipment such as helicopters or snowcats
The Wilderness Act prohibits motorized equipment and mechanical transport in designated Wilderness areas, severely restricting mechanized avalanche mitigation.
Question 2: Which element is legally required in a mountain guide's contract with a client regarding avalanche risk?
- A guarantee of avalanche-free terrain
- Informed consent and disclosure of inherent risks (Correct answer)
- A minimum liability insurance amount set by the state
- A co-signature from a certified avalanche instructor
Correct answer: Informed consent and disclosure of inherent risks
Informed consent documents disclosing avalanche and other inherent risks are a legal requirement to establish assumption of risk and limit guide liability.
Question 3: Which certification body sets professional standards for avalanche educators in the US, influencing what courts consider 'reasonable competence'?
- American Alpine Club (AAC)
- American Institute for Avalanche Research and Education (AIARE) (Correct answer)
- National Ski Patrol (NSP)
- Professional Ski Instructors of America (PSIA)
Correct answer: American Institute for Avalanche Research and Education (AIARE)
AIARE sets the dominant professional curriculum and certification standards for avalanche educators in the US, which courts use as a benchmark for professional competence.
Question 4: What is the primary legal purpose of a ski resort's avalanche hazard closure sign posted at a rope boundary?
- To notify patrollers to begin blasting
- To establish constructive notice to skiers of the danger and closed status (Correct answer)
- To satisfy OSHA worker notification requirements
- To document the avalanche forecast for insurance purposes
Correct answer: To establish constructive notice to skiers of the danger and closed status
Closure signs establish constructive legal notice, meaning the resort can show it warned skiers of the hazard and closed boundary.
Question 5: A state ski safety act that codifies the 'skier's responsibility code' primarily shifts liability from the resort to the skier in cases involving which scenario?
- Equipment failure due to poor resort maintenance
- Collisions caused by resort employee negligence
- Injuries from inherent risks of skiing such as snow conditions and terrain (Correct answer)
- Ski lift mechanical failures
Correct answer: Injuries from inherent risks of skiing such as snow conditions and terrain
State ski safety acts typically define inherent risks (terrain, snow, weather) as the skier's responsibility, shielding resorts from liability for those specific risks.
Question 6: Which US law requires that explosives used for avalanche control at ski areas be securely stored and tracked with a federal license?
- Safe Explosives Act (Title XI) (Correct answer)
- Resource Conservation and Recovery Act
- Federal Mine Safety Act
- Homeland Security Act Section 550
Correct answer: Safe Explosives Act (Title XI)
The Safe Explosives Act (Title XI of the Homeland Security Act) governs purchase, storage, and use of explosive materials including those used for avalanche control.
Question 7: When a coroner rules an avalanche death as accidental, which agency is most likely to conduct an independent investigation of a resort's avalanche management program?
- The state ski safety division or department of agriculture (Correct answer)
- The National Transportation Safety Board
- The US Geological Survey
- The Army Corps of Engineers
Correct answer: The state ski safety division or department of agriculture
State ski safety divisions or equivalent agriculture/consumer protection departments typically investigate resort avalanche management practices after fatalities.
ASC Regulatory Compliance & Legal Framework 3
Under the Wilderness Act of 1964, which type of avalanche mitigation activity is generally prohibited in designated Wilderness areas?