Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 432.000 - Minimum Requirements for Personal Flotation Devices for Minor Children at Municipal and Recreational Programs and Camps
Section 432.400 - Policies and Recordkeeping
Universal Citation: 105 MA Code of Regs 105.432
Current through Register 1531, September 27, 2024
The operator of a municipal or recreational program or camp shall:
(A) Develop and implement, and make available to parents or guardians upon request, written policies and procedures to ensure compliance with the requirements set forth in 105 CMR 432.000, which shall include, but not be limited to:
(1) an orientation plan for all staff and
volunteers describing compliance with statutory and regulatory
requirements;
(2) a daily check-in
routine for reviewing and confirming proper swimming level identification for
program or camp participants;
(3) a
description of all storage facilities used for PFDs during the season and after
the season;
(4) a current inventory
of PFDs;
(5) procedures for
distributing PFDs to and collecting PFDs from participants that have their own
PFDs;
(6) training requirements for
appropriate staff to ensure that program and camp participants, as well as
staff and volunteers that are minors, are provided a proper swim
test;
(7) training requirements for
appropriate staff to ensure that properly-fitting PFDs are made available for
applicable program and camp participants, as well as applicable staff and
volunteers;
(8) a procedure for
classifying and identifying non-swimmers and at-risk swimmers or other
categorizations of swimming ability during the course of the day and prior to
each swimming activity;
(9) a
procedure for inspecting the serviceable condition of each PFD at a minimum
annually and properly disposing of any that are not determined to be in
serviceable condition;
(10) a
procedure for accepting, handling, testing and monitoring a PFD provided by a
parent or legal guardian; and
(11)
a procedure to contact a parent or legal guardian that provides their child a
PFD that does not fit properly or is not in serviceable condition.
(B) Maintain, at a minimum, for the last three years:
(1) Readily accessible
policies, procedures, contracts, and applicable records for a municipal or
recreational program or camp, including all documents required to be developed
under 105 CMR 432.400(A);
(2)
records of swim tests documenting the swim test date, swimming ability
determination, with the name of the certified swim instructor or swim
assessor;
(3) if required, PFD fit
test information for each minor, including PFD type and size, and the name of
the individual conducting the fit test;
(4) records showing current certifications
for certified swim instructors employed or designated (contracted) by the
operator to conduct swim tests;
(5)
records showing current training for swim instructors and staff fitting PFDs;
and
(6) records of an annual
inventory of equipment required by 105 CMR 432.000, and updates as
needed.
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