Sussex County Aquatic Safety Coalition 7 th Annual Symposium April 27, 2019

1. Sussex County Aquatic Safety Coalition 7th Annual Symposium April 27, 2019 NJ State Public Recreational Bathing Code- UPDATED Professional Associate Assessment Program NJ Minimum Wage Law- Update NJ Labor Law- Paid Time Off COLA Survey Results-staffing, pay scales and more Training Opportunties, Shared Services 2019 Lifeguard Competition

2. WELCOME • Introductions- get to know each other to network! • House Rules- where’s the restroom???? • Contact sheet- Please sign in and list contact info • Questions? – ALWAYS ASK!

3. N.J. STATE BATHING CODE 2019 AMENDMENTS

4. 2018 PRB Requires a Specially Exempt Facility to inform the local health authority whether it intends to comply with the exempted provisions of NJAC 8:26-5.1 Have to declare this prior to season.

5. What is a Specially Exempt Facility? Specially Exempt Facility means a public recreational bathing facility that is: 1. A private lake, river, or bay or private community lake, river, or bay association, or private non profit common interest community that restricts the use of its lake, river, bay or pool, as appropriate, to the owners of units thereof and their invited guests.

6. NEW CHANGE TO PRB • New Bill signed into law by Gov. Murphy on Specially Exempt Facilities and Waivers effective January 31, 2019.

7. 2019 LAW • WAIVERS should not be denied just because a previous declared Specially Exempt Facility has diving boards or slides. • Still at the discretion of the local Health Dept prior to 2018

8. 2018 Changes • Signage that shall state that the swimming area or pool is closed when the owner or operator is not on the premises. • Mostly designed for health clubs, hotel, motel and condo pools.

9. 2018 Changes • Requiring to post a sign indicating location of first aid supplies. • Requires Trained Pool Operator (TPO) qualifications and certifications. • NJ State Health Dept has extended the TPO certification because they have not designated or approved a certification program yet.

10. Lifeguard Staffing • Requires Lifeguard staffing to be increased based on waterfront/beach footage 8:26-5.9 • At least 2 Lifeguards for every 300 ft. of designated bathing area 8:26-5.10(c)2 • If designated bathing area is less than 100 ft, only 1 Lifeguard required. • Additional Lifeguards shall be required depending on bather load, conditions, etc. 8:26-5.10(c)3

11. Secondary Duties • Lifeguards on duty shall not have duties to perform any activities that would distract them or intrude upon their attention from proper observation of persons in bathing area or that prevent immediate assistance to persons in distress in the water…….

12. 2019 Change • EXCEPT that nothing in this subsection shall be construed to prevent any lifeguard from performing administrative tasks, such as checking pool passes, or from performing any routine testing required by the Dept. of Health by regulation…….. PROVIDED that the lifeguard can perform these tasks and tests without causing an imminent, significant risk to bather safety.

13. 2019 Change • Bathing facilities may, prior to opening for public use, elect to submit to the health authority a completed Checklist for PRB facilities developed by the Dept. of Health, which the health authority may choose to review in lieu of conducting an onsite inspection. • Nothing in this subsection shall be construed to require a facility to complete the Checklist.

14. EQUIPMENT • Required lifesaving equipment 8:26-5.11 • Must be immediately accessible in case of emergency • 1 reach pole at least 12 ft long for beaches where docks are located in the bathing area. • 1 rescue tube, can or torpedo buoy with sufficient line attached provided at each lifeguard station.

15. Personal Equipment • One or more Rescue Tubes for each Lifeguard on duty. • Each Lifeguard to be equipped with whistle and uniform. Must be readily identifiable. • OSHA requirements-PPE –pocket mask, gloves.

16. Personal Equipment • Waterfront Lifeguards should have mask and fins.

17. AED Requirement • An AED to be provided if beach is capable of accommodating 500 swimmers and bathers OR if a lifeguard is present.

18. EQUIPMENT • A surfboard, rowboat OR SIMILAR means of conveyance capable of supporting 2 adults. (Kayaks, SUPs)

19. EQUIPMENT • First Aid Kit meeting requirement in Appendix B. • Full spine board complete with ties, head restraints and/or straps that meets design requirements as specified in NJAC 8:40. Must be poolside/beach.

20. Spine Board defined As per NJAC 8:40 Long spine board made of impervious, inflexible material, 72 inches long by 16 inches wide with associated strap holes and full length three quarter inch runners, or another configuration that protects crewmember’s hands from injury during patient movement.

21. Communications • A telephone or other means of communication approved by the health authority which shall be located near the lifeguard station for emergency use. • Use disabled cellphones to dial 9-1-1. Must be kept charged.

22. Communications • Emergency telephone numbers for nearest rescue squad, police and other appropriate entity, and the address of the bathing beach, to be posted in a weather resistant display adjacent to lifeguard station.

23. Emergency 9-1-1 Instructions FOR EMERGENCY DIAL 9 1 1 TELL OPERATOR “I AM AT UPPER LAKE BEACH, LAKE MOHAWK AT 63 SOUTH SHORE TRAIL IN SPARTA, NEW JERSEY. MY TELEPHONE NUMBER IS……………………………………… WE HAVE AN EMERGENCY. WE NEED AN AMBULANCE AND POLICE.” STAY ON THE PHONE AND ANSWER THE OPERATOR’S QUESTIONS IF YOU CAN.    DO NOT HANG UP UNLESS TOLD TO BY THE OPERATOR. WAIT FOR THE POLICE AND AMBULANCE. HELP THE LIFEGUARDS IF NEEDED.

24. Certifications • Requires that CPR and First Aid retraining must occur BEFORE certifications expire. • Requires that supervisor/manager also be trained in spinal injury management. (Basic Water Rescue) • Lifeguarding with Waterfront module required for any aquatic facility other than a clear water pool. This is both federal and state regulations.

25. Required vs Recommended Waterfront Directors, Pool Managers, Aquatic Facility Operators certifications: Required • CPR for Professional Rescuer • First Aid • Spinal Injury Management • Trained Pool Operator ( on hold)

26. Required vs Recommended Recommended • Lifeguard Management (on line course) • Lifeguarding with Waterfront Module (36-40 hrs) • Lifeguarding Instructor and/or Water Safety Instructor (26 hrs) • Basic Water Rescue (4 hrs)

27. DIVING BOARDS Diving is prohibited at bathing beaches in water depths of less than 8 feet. 8:26-5.13(a) Platforms for beaches are permitted if constructed with a visible one foot air space below the platform or designed to prevent entanglement or trapping of bathers. 8:26-5.13(b)

28. Diving (Continued) • Minimum water depth surrounding a platform without a diving board or similar device shall be 8 feet for an outward distance of 12 feet from the platform. 8:26-5.13(b) 2 • Where platform has a diving board or other device 3 or more feet above the water, water depth at end of the board shall be at least 12 feet for a distance of 12 feet beyond end of board. 8:26-5.13(b) 4

29. BATHER RULES Requires posting of bathing rules 8:26-5.4 • Can eliminate 1, 2, and 8 from sign. • Must add: 8:26-5.14 Waterfront Restrictions • No motorized vehicles, except emergency and maintenance vehicles, shall be permitted in bathing beach area during use. • No boating, water skiing, sailboarding, windsurfing, scuba diving, use of personal watercraft, or surfboarding shall be permitted in swimming area while in use.

30. Water Toys & Floats • Policies & procedures regarding water toys and floating devices shall be established to ensure a safe bathing environment and shall be included in the Aquatics Facility Plan. 8:26-5.4(b) “The use of water toys or floats is at the discretion of the lifeguard on duty depending on conditions.”

31. 2018 Signage Provide signage advising that parents are required to supervise their children at all times.

32. 2018 PRB Wading Pools supervision- 8:26-5.6 shallow water area Recommend that Lifeguard be on foot patrol in area if crowded.

33. Water Slides Water Slide safety and supervision- 8:26-5.7 • If Lifeguard is supervising all activities of waterfront, then lifeguard shall have a clear view and rapid access to the water slide from his/her station. • Health Authority may require additional supervision after consideration of factors listed.

34. Lifeguard Operations • Distractions • Equipped with a whistle • AED shall be provided if the bathing beach is capable of accommodating 500 swimmers and bathers OR if a lifeguard is present. • Requires Lifeguard to be in the chair/station when open

35. Lifeguard Operations • Requires minimum staffing, ie. 2 Lifeguards on duty • Designates zones of protection • May give local Health officials authority to determine additional staffing and placement.

36. Specially Exempt Facilities • At least 1 ring or rescue buoy 8:26-5.3(a) 2i

38. Waivers § 8:26-1.4 Waiver (a) The Commissioner, or his or her designee, may, in accordance with the general purposes and intent of N.J.S.A. 26:1A-7 and 26:4A-4 et seq., waive sections of this chapter if, in his or her opinion, such waiver would not endanger the safety or health of the public.

39. Waiver (Continued) 1. The Department shall not waive any provision of N.J.A.C. 8:26-7.5. (water sampling) (b) Any owner or operator seeking a waiver of the standards in this chapter shall apply in writing to: Consumer, Environmental, and Occupational Health Service New Jersey Department of HealthPO Box 369Trenton, NJ 08625-0369

40. Contact info Peter J. DeTroia NJ Department of Health 135 East State Street Trenton, NJ 08625 (609) 826-4985 Peter.DeTroia@doh.nj.gov

41. Waiver (continued) (c) The written application for waiver shall include the following: 1. The nature of the waiver requested;2. The specific standards for which a waiver is requested; 3. The reasons for requesting a waiver, including a statement of the type and degree of hardship that would result if the waiver is not granted; 4. An alternative proposal which would ensure public safety; and 5. Documentation to support the waiver application.

42. Waiver (continued) (d) The Department reserves the right to request additional information before processing an application for waiver.

43. N.J. Labor Law-Paid Time Off • Murphy Law 1: All employees who work 30 hrs are granted 1 hr paid sick time. This comes into effect AFTER an employee has completed 120 DAYS of employment.   • As seasonal workers (lifeguards) there is less than 120 days in the season, so therefore they would be ineligible for this benefit. • The employee has to be off the payroll for 6 months and then the clock begins again. So even if you have a guard who has worked for 3 previous seasons, but not employed in between for 6 months, this 1 hr for 30 hr benefit will not apply. 

44. NJ Minimum Wage Law • Murphy Law 2: Seasonal workers are from May 1st to Sept 30th, therefore Lifeguards would fall into this category. • A training wage of 90% of the minimum wage can be used for new hires. They must be raised up to the minimum after 120 HOURS of work. • The state does warn on dismissing trainees after the 120 hrs. to ensure that employers are not taking advantage of this of hiring at trainee rate, let go and then hire new trainees. 

46. Professional Associate Assessment Program • Provides for performance audits and assessments • Participating facilities exchange auditing services • Independent assessment or appraisals.

47. Professional Associate Assessment Program Assessment of • Management • Operations • Staff Performance, • Emergency Action Plans • Response and Readiness

48. Professional Associate Assessment Program ON SITE EVALUATIONS CAN BE USED TO ASSESS LIFEGUARDS’ PATRON SURVEILANCE RESCUE SKILLS NOT INTENDED AS A DISCIPLINARY PROCEDURE

49. Professional Associate Assessment Program • The Facility being audited must fashion its own evaluation program, including scope, specific areas to be considered, format (such as video or non video) and a scoring system. • Keep it simple (Yes/No format) • Develop Worksheets for each area to be audited.

50. Professional Associate Assessment Program • Assessments are carried out by like minded peers or associates free of charge. • The more participating facilities, the more availability for audits.