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offenders have criminal histories; for the remaining 95
percent of abusers, they have yet to be reported, charged, or
convicted. Also, it is important to understand that the Fair While background checks are not mandated by
Credit Reporting Act (FCRA) requires that organizations the Safe Sport Act, their use will continue to
obtain written consent from an individual before conducting
a background check. grow as a key risk management tool.
Be careful—there are exposures when using background
checks, including misusing the information, incomplete
record checks, slander from the release of one’s sensitive
information to others in an organization. Therefore it’s Would this new law apply to ski school lessons?
important to maintain strict confidentiality of all records and o, for several reasons. A ski lesson is not an organized
information. And pursuant to the FCRA, someone denied Nyouth athletic event or competition, and often, it would
a job due to screening must be provided a copy of the back- not involve interstate travel—both key aspects of the law. But
ground check. These are just some of the many exposure as states rush to adopt similar legislation, it will be important
issues with the use of background checks, and there are many for NSAA and state and regional ski area associations to carve
other considerations. out exemptions at the state level to limit exposures for ski
That said, expect more organizations to embrace a school and lessons. When states adopted concussion awareness
broader use of background checks. They may become laws (all 50 states adopted such laws a few years ago), ski
required by new state laws down the road, or increasingly lessons and related recreational instruction programs were
pervasive among businesses and sporting organizations. exempted from such concussion training laws.
While they are not required under the SSA, background
checks are growing in significance and should be part of Are there separate laws for US Forest Service
the conversation for developing protocols for child abuse ski areas?
prevention and mitigation. ursuant to the Crime Control Act of 1990, the US
PForest Service issued rules in 2014 requiring entities
operating under special use permits on Forest Service land
(including the 122 ski areas in the US) to incorporate training
and child abuse prevention for anyone who works with
children under 18, including coaches, instructors, and
childcare employees.
Notably, the US Forest Service rules only mandate training
on child abuse prevention. Unlike the Safe Sport Act, the
USFS’s child abuse training mandate does not include man- No resort is quite like yours
datory reporting requirements. Similarly, the Forest Service
rules do not require background checks unless such back-
ground checks are required by state law. To learn more, visit Team up with us today.
NSAA’s website to read about the child supervision rules
from the Forest Service at http://www.nsaa.org/media/199401/ Rob Andrews, Seattle, WA No insurance program delivers solutions quite like ours. We
Childsupervisionfinal.pdf. 360-787-9887 recognize that your business faces a unique set of risks every day.
robert.andrews@safehold.com Our sports and recreation teams can help you assess and minimize
iven that the Safe Sport Act is so new, many issues remain Bill Curtis, Lakewood, CO
Gunresolved, and it will take time to clarify parts of the law 720-543-8066 those risks so you can focus on running your business.
through the courts. But the essential point is that Congress, william.curtis@safehold.com We proactively consult with you to build the right insurance
most states, nearly every major sporting and athletic group— solutions — so you can feel confident that you have the
and especially the athletes and their families—are demanding Ryan Patrick, Portsmouth, NH
much more serious attention be paid to the issues of abuse 603-570-5218 right coverage in place to protect your business now and for
in sports. ryan.patrick@safehold.com the long term.
This evolution will require a total reconsideration of over-
all operations, procedures, and policies with youth athletics at
your resort.
Products and services are offered through Safehold Special Risk, Inc., dba Safehold Special Risk & Insurance Services, Inc. in California. Coverage is provided by unaffiliated
insurance companies.
38 | NSAA JOURNAL | FALL 2018 © 2018 Safehold Special Risk, Inc. All rights reserved.