Aquatic Safety Assessment & Recommendations. Bay County, Florida

Transcription

1 Aquatic Safety Assessment & Recommendations Bay County, Florida Authors: Dave Williams, Co-Chair Public Education Committee United States Lifesaving Association Phone: and B. Chris Brewster, Chair National Certification Committee United States Lifesaving Association Phone: Web: December 2001 Dave Williams and B. Chris Brewster All rights reserved.

2 INTRODUCTION On July 16, 2001, two members of the United States Lifesaving Association Dave Williams and B. Chris Brewster conducted a tour of Bay County, Florida beaches at the invitation of and in the company of Bay County officials. Bay County Leisure Services Director Steve Moore conducted the tour. Bay County Risk Manager Alice Martin participated in parts of the tour. David B. Harding, Ph.D. a consultant specializing in risk exposure and liability issues was involved in the tour. The stated goal of Bay County was to identify best practices for promoting public safety and limiting liability at its waterfront areas. Dave Williams is Aquatics Superintendent for St. Johns County, Florida and Co-Chair of the United States Lifesaving Association Public Education Committee. B. Chris Brewster is the former Lifeguard Chief of the City of San Diego and volunteers for the United States Lifesaving Association in several capacities, including Liaison Officer, Chair of the National Certification Committee, and Chair of the National Textbook Committee. He is editor of, The United States Lifesaving Association of Open Water Lifesaving. 1 Both individuals volunteered their time for the review and development of this report. Bay County reimbursed travel and lodging expenses. It is the view of the authors of this report that Bay County, and particularly Steve Moore and Alice Martin, are to be commended for their proactive approach to protecting the people using the beaches and waters of Bay County, along with the financial resources of the County. In all contacts with each, a high level of professional integrity and dedication to their individual responsibilities was evident. The most recent effort to protect the public using M.B. Miller Park by requiring the lessee to provide lifeguard services is laudable, despite the fact that it was frustrated by unexpected circumstances. The nonprofit United States Lifesaving Association ( sets recommended standards for beach lifeguard protection programs and USLA certifies lifeguard providers which show, via written application, an adherence to those standards, and which agree to maintain those standards. USLA s certification program depends, to a significant degree, upon the veracity of applicants. Subsequent to and independent of the review of beach safety requested by Bay County, B. Chris Brewster, in the company of Dave Williams, conducted a review of the lessee contracted by Bay County to provide lifeguard protection services at M.B. Miller Pier and certified by USLA as meeting national recommended standards. As a direct result of that review and subsequent recommendations to the USLA Board of Directors, certification of this lessee was terminated by USLA for cause. This is not an official report of the United States Lifesaving Association. It is an effort by the authors to provide Bay County with the best available information and advice to achieve the goals of promoting public safety and limiting liability exposure at aquatic areas in and adjacent to its property. No advice or action can ensure 100% safety or protection from liability, but prudent steps can greatly heighten the level of safety and also lessen liability exposure. Thus, this report is not a warranty, but rather advice of professionals with a proven record in this discipline. 1 Brewster, B. Chris (Editor). The United States Lifesaving Association Manual of Open Water Lifesaving; Prentice Hall Bay County Review Page 2 of 27 Williams/Brewster

3 BACKGROUND To achieve the greatest possible degree of success, particularly in the relatively uncontrolled natural environment of beaches, the promotion of aquatic safety should be approached in the broadest possible manner. This includes taking steps to educate people prior to visiting a beach area about potential hazards and methods to mitigate them; taking steps on-site to provide similar information; taking reasonable steps to promote safe behavior at the location; maintaining a system to recognize and respond effectively to emergencies in a timely manner; and preparing to treat and evacuate injured persons. Such steps are ideally taken as a collaborative effort with all concerned individuals and organizations likely to offer meaningful support. Public Education One of the most cost-efficient ways of promoting aquatic safety is through public education before the visitor even sets foot on the beach. Once the visitor arrives at the beach, further public education efforts can further enhance public safety. A variety of strategies can be employed. In addition to the direct benefit of enhancing public safety, these strategies produce excellent public relations benefits for the community. Learn-to-Swim Programs Locally, the promotion of learn-to-swim programs for youth and adults will result in a higher number of persons in the community with swimming skills. If the curriculum is appropriately tailored, such training will include steps students can take to avoid injury from aquatic hazards to themselves and others. In a community with an oceanfront, learn-to-swim programs should include basic information about rip currents, which have been demonstrated by USLA to be the cause of approximately 80% of rescues from drowning by lifeguards at surf beaches. Even accomplished swimmers can be overpowered by rip currents, so merely teaching people to swim is often an inadequate approach. They must also be instructed about activities and circumstances that can threaten their safety and how to avoid them (or extricate themselves from them). The learn-to-swim approach not only helps to improve the aggregate swimming ability of the local populace, but it also increases the number of local persons knowledgeable about water safety. Those same individuals can then help educate visitors about safe practices in and around local waters. An excellent example of a successful community-wide learn-to-swim initiative is Swim Central in Broward County, Florida, administrated by Kim Burgess. (see A Lesson in Cooperation in the Appendix) Off-Site Public Education A variety of strategies can be employed to educate both local residents and visitors regarding aquatic safety. Historically, a number of the victims of aquatic accidents in Bay County have been tourists, so targeting this group would be of particular value. Bay County Review Page 3 of 27 Williams/Brewster

4 In the schools, dissemination of aquatic safety materials and lectures by aquatic safety professionals are two approaches that can help educate the youth of the community to be safe users of the beach. USLA provides several types of materials that can be purchased, at cost, for this purpose, but USLA is not the only source. Public service advertising is another approach. Radio, television, billboard, newspaper, and phone book advertising are some examples. For tourists, brochures placed in hotel rooms and welcome videos can be effective approaches. Prior to publication, they should be reviewed by recognized experts in open water safety. Web based information can be effectively employed, especially when combined with other resources. For example, the local government website can include water safety tips and links to the websites of aquatic safety organizations, such as USLA. Tourist oriented websites are also excellent places to include such information. Providing local employees who are likely to come in contact with tourists with basic aquatic safety information is also of great value. These personnel, though rarely experts in aquatic safety, may often be asked for water safety information, such as, where s the safest place to swim, and need to be prepared to provide good advice or refer those inquiring to more authoritative sources of information. Front desk personnel at hotels are a good example, but so are police, cab drivers, and bellhops. Recorded beach safety oriented telephone information lines are another way to disseminate information. If updated at least daily, preferably in early morning, as well as according to condition changes, such lines can provide valuable safety information, basic weather, tides, and referrals. Telephone information lines can be a useful reference for tourism industry employees, as well as all beach users. Services of this nature can be very popular in a community and provide an opportunity to weave safety advice into the daily updates. On-Site Passive Public Education On-site, passive public education includes signs, flags, and similar approaches intended to inform the visitor. While these measures may appease liability exposure concerns, their effectiveness at preventing injury and death is unproven. Some prudent people undoubtedly observe them and adhere to the admonitions, thus lessening the likelihood of encountering problems. Others may not see them at all. Some may observe them, but ignore the message. Still others may observe them, but fail to understand them, or simply forget the message. Nevertheless, providing useful and understandable information will inevitably have some safety and liability protection benefits. Bay County Review Page 4 of 27 Williams/Brewster

5 Flags Bay County ocean beaches (including Panama City Beach) have employed a flag system in an effort to advise the public of the relative danger of ocean conditions on any particular day. The flags are flown on very high flagpoles. These flags do not appear to apply to the specific area in front of the flags, but rather the general ocean conditions on the day in question. The meaning of the flags is explained on signs at some beach locations. The color of the flags is red for hazardous, yellow for caution, and blue to indicate calm conditions. While flags of this nature may have some benefit, we have noted several problems which should be addressed if the flags are to be effective. Consistency: We have noted circumstances in which flags along the Panama City Beach oceanfront were of a different color on the same day. This apparently represents a failure of administration that must be addressed. Standardization: Florida beaches appear to be unique in the U.S. in their wide use of flag systems. Nevertheless, flags are used in several other countries. The most widely used system internationally and in Florida appears to be a red, yellow, green system, rather than red, yellow, blue. USLA is considering recommending a single national standard, to increase the likelihood of tourists seeing, and therefore better understanding, the same flag system at all U.S. beaches that choose to employ flags. This decision is pending. A nationally (and internationally) consistent system can be expected to lessen confusion and increase overall comprehension of beach visitors, especially those who have been exposed to identical systems in other areas. Proper Use: It is reported to us that the watch commander of the Panama City Beach Police Department makes the determination as to what flag color should be flown. It is unknown to us what training this person may have in aquatic safety or what criteria may be used. On the site survey of June 16, 2001 the surf conditions were flat, (under one foot), little drift, good visibility, sunny, with no wind and/or rip current activity noted. Yet red flags were posted. In our view, under the local system, a blue flag would have been appropriate. In any case, the placement of warning flags and all public service announcements should be based on some measurable criteria that can be logged, tracked, and changed with the conditions. Flying flags that indicate a heightened level of hazard when conditions are relatively calm is analogous to crying wolf and likely to cause people to ignore the flags on days when they carry a pertinent message reflective of ambient conditions. Message: One of the greatest difficulties with flying flags is the message they convey. A green or blue flag may be intended to convey benign conditions, but drownings occur even in flat water with no surf, so a green or blue flag may cause complacency. As well, conditions that may warrant great concern for the average swimmer, may be relatively harmless for strong swimmers. These factors underline the need for consistent use of flags based on objective, measurable criteria employed by trained persons. They also point out that flags alone are of limited value, as has been demonstrated by a litany of drownings at beaches within Bay County. The Pensacola News Journal recently reported (November 26, 2001), after ten drownings in 2001, that most Bay County Review Page 5 of 27 Williams/Brewster

6 visitors to Navarre and Pensacola beaches, when questioned by a reporter, didn t know what the flags there mean. 2 (see Appendix) Signs Signs are clearly needed and employed to varying degrees in Bay County to explain flag systems. These signs should ideally be located at every beach access. As well, the system should be explained in hotels, newspapers, and other means of public education previously mentioned. Other signs may also be useful. Beach signs typically explain beach and water ordinances. They can also be used to explain known hazards and to recommend safe behavior. For example, it appears that the greatest hazard at Bay County s ocean beaches, similar to that of other ocean beaches in the U.S., is rip currents. Explaining this hazard and how to extricate oneself if caught in a rip current, may save lives. USLA produces posters and graphics that depict rip currents, which are posted at many lifeguarded beaches in the U.S. Similar signs would likely be of value in Bay County. Worded descriptions of hazards and safe behavior may have a benefit as well. For example, a sign stating, Caution: Rip Currents, may heighten the caution of the reader, but will only be fully effective if the concept of a rip current is understood. On the other hand, lengthy explanations of rip currents may reduce the willingness of persons to pay attention to the signs and may contribute to so-called sign pollution. Brochures and Kiosks At some parks and beaches, brochures are offered to provide further information to interested visitors. This may be of value in Bay County, but brochures can quickly become litter in a beach environment. An alternative is an informational kiosk with more detailed explanations of various rules and phenomena, particularly rip currents. This way, persons interested in educating themselves would have an opportunity to do so and litter would be minimized. Often, the people who take the time to view such kiosks subsequently advise others in their party about what they have learned. On-Site Active Public Education The concept of on-site active public education refers to on-site staff who inform visitors about rules and safe practices. They can also intervene when behavior threatens public safety. This may include park rangers, lifeguards, and police officers. In the beach environment, lifeguards would generally be favored over park rangers. This is because the lifeguard can fulfill most, if not all of the roles of a park ranger, but can also provide aquatic rescue services. Depending on training, some park rangers may be better prepared to deal with law enforcement issues than lifeguards (although in some areas of the U.S. lifeguards are trained and armed peace officers), but the greatest threat to public safety in most aquatic environments is death due to drowning. Therefore, if an agency has the budget to provide one or the other, the lifeguard is preferable. Most 2 Ingram, Sheila. Warnings on Rough Surf Slim; Pensacola News Journal; November 26, 2001 Bay County Review Page 6 of 27 Williams/Brewster

7 lifeguards are given some degree of enforcement power, even if only the power to warn, and can be instructed and/or equipped to summon police when necessary. Assigning police to a beach area is of value in addressing law enforcement issues and freeing lifeguards to concentrate on aquatic safety issues. As noted however, in most aquatic areas, death from drowning is the most serious threat to public safety. If an agency can only assign one or the other, the lifeguard is preferable. Ideally, lifeguards will be positioned on the beach continually, with police officers patrolling occasionally -- according to crowds and conditions -- and available to respond based on the observations and requests of lifeguards. With respect to drowning prevention, we estimate that the typical lifeguard effects at least 100 preventive actions for every rescue effected. A typical preventive action involves warning swimmers to move away from an area where a rip current is forming. Preventive actions may also be beach oriented, such as moving persons throwing a ball away from crowded areas where they may run into others. This critical role of lifeguards enhances the experience of beachgoers, while reducing the number of injuries, deaths, and rescues that must be performed,. Separating Incompatible Activities There are a wide variety of activities practiced at aquatic areas. These activities are sometimes incompatible. Conflicts can arise which cause disputes and which can threaten public safety. An effective practice in promoting beach and water safety is taking steps to separate incompatible activities. An obvious example of incompatible activities is motorboating and swimming. A swimmer can easily be injured or killed by a motorboat, so it is important to separate these activities to the greatest extent possible. Other potentially incompatible activities include surfing and swimming or fishing and swimming. On the beach, it is desirable to keep ball games clear of sunbathers, for example. Evaluating these issues in advance and taking proactive steps to separate the users can reduce the potential for injury and liability. This can also greatly enhance the enjoyment of all visitors. Lifeguard Services Public education and separating incompatible activities can be expected to reduce the incidence of drowning, perhaps markedly. They certainly demonstrate a sincere community effort to protect residents and tourists alike. These actions alone however, will not prevent drowning. This can be compared to public education regarding safe driving practices or fire prevention. No matter how much funding is devoted to these efforts, traffic and fire deaths still occur daily in the U.S. (In fact, drowning deaths are more prevalent than fire deaths.) 3 Hence, police, firefighters, and emergency medical services are provided by communities in addition to public education. Despite best efforts, some will not be exposed to aquatic safety related public education. Others will ignore it. Still others, despite being knowledgeable, will overestimate their capabilities or simply be overwhelmed by unexpected water conditions. They may fall into the water or be 3 National Center for Health Statistics (NCHS). National Mortality Data, Hyattsville (MD): NCHS Bay County Review Page 7 of 27 Williams/Brewster

8 aboard a vessel which sinks. Medical problems, like heart attacks and seizures, can strike swimmers unexpectedly and cause immediate, life threatening problems. Children are particularly susceptible. Drowning is the second leading cause of injury-related death for children in the U.S. (aged 1 through 14 years), accounting for 940 deaths in In the year 2000, 16 ocean lifeguard agencies in Florida reported to USLA that they had performed over 3,600 rescues from drowning. 5 By and large, these rescues took place in municipalities with strong public education programs and waterfront management systems in place. Absent the availability of lifeguards, many of these incidents of distress in the water would have unquestionably resulted in death. As well, these same agencies reported that they had performed over 57,000 medical aids, of which over 1,000 required medical assistance beyond first aid (i.e. typically ambulance transport and hospital treatment). 6 Without lifeguards on duty, many of those injured would have suffered needlessly and some would certainly have died. Moreover, the presence of on-site lifeguards undoubtedly reduced the number of ambulance emergency runs in response to minor, non-life-threatening beach related incidents. Statistics compiled by the United States Lifesaving Association demonstrate that the chance of drowning in an area under the protection of lifeguards affiliated with USLA is one in 18 million. Clearly, lifeguards can significantly enhance public safety. Even in areas with very high, yearround beach attendance, like San Diego or Daytona Beach, when lifeguards trained to USLA standards are on duty, drownings are extremely rare. The Centers for Disease Control and Prevention s Lifeguard Effectiveness report states, One effective drowning prevention intervention is to provide trained, professional lifeguards to conduct patron surveillance and supervision at aquatic facilities and beach areas if a community develops water recreational facilities to attract patrons who spend money in the local area, then it can be argued that the community has an obligation to protect these patrons. 7 (see Appendix) When lifeguards are staffed, a number of considerations are important. They must be qualified, trained, equipped, and staffed to a level that is adequate to ensure a suitable level of safety, both for the general public and for the lifeguards themselves. USLA promulgates the only national certification program for ocean lifeguard services in the United States. This comprehensive program addresses minimum recommended qualifications, training, and equipment for beach lifeguard agencies. The program is outlined in the publication, Guidelines for Open Water Lifeguard Agency Certification, which is available from the 4 National Center for Health Statistics (NCHS). National Mortality Data, Hyattsville (MD): NCHS United States Lifesaving Association 2000 Lifesaving Statistics. (accessed December 15, 2001) 6 United States Lifesaving Association 2000 Lifesaving Statistics. (accessed December 15, 2001) 7 Branche CM, Stewart S. (Editors). Lifeguard Effectiveness: A report of the Working Group. Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; Bay County Review Page 8 of 27 Williams/Brewster

9 Certification section of the USLA website 8 (see Appendix) Some 100 ocean lifeguard agencies currently participate in the program. The USLA program does not set minimum staffing levels. These are left to be determined on a local level according to a wide variety of factors. In deciding staffing levels, a number of considerations should be taken into account. Times of Operation Perhaps the best first step in developing a lifeguard deployment strategy is to determine hours and days of operation that the beach will be actively guarded. While some beaches are guarded from 9:00 a.m. to 5:00 p.m., others are guarded all daylight hours or from a specified morning time until dusk. Typically, when the latter approach is taken, lifeguards work staggered shifts to ensure that all hours are covered, with less lifeguards on duty in morning and evening hours. An example is a beach with four lifeguards, which is open from 9:00 a.m. to dusk (8:00 p.m. in this example). A deployment option involves two lifeguards working eight hour shifts from 9:00 a.m. to 5:00 p.m. and the second two lifeguards working eight hour shifts from noon to 8:00 p.m. Under this approach, most daylight hours are covered, but there is a lower staffing level in morning and late evening hours, when beach attendance is typically lower. In any case, lifeguard hours should be consistent (though they may extend to a variable time of sunset for example) and clearly posted. Area of Responsibility The next step is to determine the area for which lifeguards will be responsible. Few lifeguard providers can afford to ensure continual surveillance of all waters within their jurisdiction, but by evaluating existing areas, designating appropriate areas for swimming, providing protection there, and encouraging swimmers to swim in protected areas, lifeguard providers can go a long way toward providing a reasonable level of aquatic safety. This may involve designating swimming areas by signs or ordinance. In any case, the protected area should be clear to patrons and lifeguards alike. Staffing Levels Staffing levels should be appropriate to park capacity and provide for public safety in a manner consistent with user demand. At no time should it be acceptable to leave such a responsibility with a single individual. Lifeguards work more effectively in teams. These teams and/or sites should be managed through a central administration capable of providing necessary relief, backup, and resources. Two primary factors influence the staffing level needs for lifeguards. These are attendance and hazard level. Attendance varies according to season, day of the week, weather, and other factors. The hazard, particularly at a surf beach, can vary according to surf, rip current intensity (which is 8 United States Lifesaving Association. Guidelines for Open Water Lifeguard Agency Certification; rev. November Bay County Review Page 9 of 27 Williams/Brewster

10 typically directly related to surf), wind (which may enhance surf size), water temperature, and other factors. The number of lifeguards employed at a beach should be adequate to prevent drowning, regardless of fluctuations in attendance and hazards. The provider of lifeguard protection must therefore either adopt a system to effectively vary staffing according to anticipated fluctuations in each factor or set a consistent staffing level aimed at the highest levels of attendance and hazard. Most lifeguard providers address this via a mix of the two. That is, they set regular staffing levels somewhat below the level needed to address the highest levels of hazard and attendance, but somewhat above the average levels thereof. Then, they develop a system to enhance staffing levels when unexpected crowds and/or hazards present themselves. Varying staffing levels by day of the week is also common in areas where attendance regularly fluctuates accordingly. The primary tool lifeguards use to maintain water safety is observation. Studies have demonstrated that persons in distress in the water rarely wave or call for help, being too busy trying to keep themselves afloat, and even nearby swimmers are often unaware of the problem. Thus, lifeguard vigilance is of key importance to spot the person in distress and respond before this becomes a drowning. As well, preventive actions can be taken by alert lifeguards in advance of distress. Providing an adequate staffing level to ensure that the vast majority of routine preventive actions and rescues can be effected without unduly compromising aquatic safety is critical. If a lifeguard must interrupt observation for any reason, the safety of those protected by the lifeguard is compromised. In the most elemental example, a lifeguard working alone, who detects a swimmer in distress, will of course respond to effect a rescue, thus ceasing observation of all other swimmers. If another swimmer encounters distress while the lifeguard is effecting the rescue, that second swimmer may drown. One may take the view that if a lifeguard s water surveillance is interrupted to conduct a rescue of a person in distress, this is reasonable, and the risk presented by lack of water observation during this period is acceptable. However, the goal of providing lifeguards is to completely prevent drownings; and lifeguards need to leave their posts for a number of important reasons beyond effecting rescues, including effecting warnings to persons whose actions may result in injury to themselves or others. This is one reason that staffing a single lifeguard at a beach is discouraged and why lifeguards utilize a system of overlapping water observation and backup. An example of overlapping water observation is a beach with four lifeguard towers spaced equidistant. If the lifeguard in the third tower must leave the tower to effect a rescue, lifeguards in the second and fourth towers are expected to take over water observation of the area in front of the third tower during the period of interruption. In this way, while these lifeguards must temporarily cover a greater area, the complete loss of observation is avoided and persons swimming in the area remain protected, albeit at a somewhat lesser level. Bay County Review Page 10 of 27 Williams/Brewster

11 Observation Points As noted above, the primary tool lifeguards use to maintain water safety is observation. Lifeguard observation points must have a clear and unobstructed view of the area of supervision. Lifeguard observation points are ideally elevated (the higher the better within reason) and provide the lifeguard with protection from the elements. They should include adequate space to allow the lifeguard to stand and move while observing the water, and a place for necessary rescue and first aid equipment. The design of a lifeguard tower should include a way to respond on foot to a rescue without breaking observation of the swimmer in distress. Further information on lifeguard tower design and deployment is available in The United States Lifesaving Association Manual of Open Water Lifesaving. 9 Backup Like police officers and firefighters, lifeguards often need backup. Sometimes, multiple victims are swept offshore in a rip current all at once. A CPR or other serious first aid case on the beach may require several lifeguards to effectively handle. And while these incidents are being attended to, the goal is to maintain water observation and response to the needs of others. Backup lifeguards should therefore be provided who can assume water observation when the lifeguard assigned thereto is called away and who can assist other lifeguards in more serious emergencies. Backup should be adequate to address problems that can reasonably be expected to arise. The concept of lifeguard backup should be addressed broadly in a community. For example, police officers can effectively provide backup to certain incidents, if they are readily available and can be easily summoned. This reduces pressure on the lifeguard employer with regard to lifeguard staffing levels. While a police officer may not be qualified to provide aquatic rescue, the police officer can very effectively assist with crowd control in a case of a person with a back injury and can help carry the victim, once the victim has been placed on a spinal immobilization device by the lifeguard. Police officers can also assist with problem patrons who continue to defy lifeguard admonitions or tie up lifeguards with minor problems. Breaks Observation of a swimming area requires constant vigilance. Much has been written about the tremendous challenge presented by attempting to maintain concentration in the face of the monotony of watching swimmers for extended periods of time. Training may help, but it does not eliminate normal human reactions to boredom. If lifeguard concentration lapses, even momentarily, it can have lethal consequences for those under protection of the lifeguard. For this reason alone, regular breaks are critical. Breaks are also needed due to the environment in which lifeguards work. Often it is hot and windy, and lifeguards are exposed to the elements. And breaks are required for simple human needs, like eating, using restrooms, and stretching legs. 9 Brewster, B. Chris (Editor). The United States Lifesaving Association Manual of Open Water Lifesaving; Prentice Hall Bay County Review Page 11 of 27 Williams/Brewster

12 We recommend that lifeguards be assigned to water observation for no more than an hour at a time before being given a break of at least ¼ hour. A lunch and/or workout break should also be scheduled daily. USLA certification requires that lifeguards be provided an opportunity to work out each day during their regular shift. This helps keep lifeguards alert and helps encourage them to maintain the high levels of fitness needed for the job. Equipment Lifeguards need a variety of rescue and medical equipment to effectively carry out their jobs. The most basic is the rescue floatation device and swim fins. Additional equipment, such as rescue boards, first aid kits, binoculars, vehicles, and boats can be helpful as well. In some cases, the provision of motive equipment can help limit the need for personnel, particularly backup personnel. A full list of the minimum equipment needed for effective lifeguarding can by found in Guidelines for Open Water Lifeguard Agency Certification. 10 (see Appendix) Further information on lifeguard rescue equipment options is available in The United States Lifesaving Association Manual of Open Water Lifesaving. 11 Responsibility and Management The vast majority of lifeguard services within the state of Florida are viewed as providers of the EMS system, rather than users of the EMS system. Lifeguards who serve marine environments are in fact hired to assume responsibility for the protection and rescue of people from a potentially dangerous environment. They should be well trained, have a high level of skills, be willing to accept a significant amount of responsibility and, at times, risk their lives. This duty cannot be taken lightly by employers or employees. Although standards of care owed to individuals vary, any determination of negligence or civil liability is based on standards for performance of the professional lifeguard. Ignorance of such professional obligations is no excuse for failing to meet them. Therefore, management and supervision of beach safety personnel should be conducted by persons with the administrative and functional expertise to administer a comprehensive quality assurance program. Public and Private Protection Options In the United States, lifeguard protection is most commonly provided by the entity which owns the adjacent beach. This is true even though the owner of the beach is not always the owner of the water. In effect, the owner of the beach provides lifeguards to protect users of its beach who venture into adjacent waters, regardless of who owns these waters. Beach lifeguard services are provided both by public and private entities. The vast majority of surf lifeguard programs in the U.S. are run by governments (federal, state, and local), with the lifeguards employed by those governments. These are some of the best recognized, leading 10 United States Lifesaving Association. Guidelines for Open Water Lifeguard Agency Certification; rev. November Brewster, B. Chris (Editor). The United States Lifesaving Association Manual of Open Water Lifesaving; Prentice Hall Bay County Review Page 12 of 27 Williams/Brewster

13 lifeguard agencies in the U.S. In some cases, private companies provide lifeguards, either under contract to a government or as a service of a private landowner. Contracts with private providers can be written to ensure certain levels of service, but such contracts can rarely be written to standards that ensure complete adherence to meeting all community expectations. As such, contracts of this nature require good faith efforts on the part of the contractor. Without such efforts, so long as major elements of the contract are met, the contracting government and its citizens can be left disappointed. Bay County s most recent experience in this regard may provide some insights into this possibility. Lifeguard agencies under public control provide direct accountability to both the municipality and its citizens. If expectations are not met, the municipality has the flexibility to take immediate steps to correct any deficiencies. This is of particular import with respect to a public safety provider. While the municipality may see a need to expand services or cut services and respond accordingly, a private provider s motivations, aside from presumed goodwill, are directly tied to the minimum requirements of the contract upon which the relationship is based. Another option, when lifeguards are public employees, is conference of enforcement powers. A variety of approaches in this regard are utilized in the United States, from arming lifeguards and providing them full police powers (ex: Volusia County, Florida and California State Parks), to providing limited arrest and citation powers, to conferring only the right to issue legally enforceable verbal warnings. When properly utilized, this option can reduce reliance on police, engender greater respect for and compliance with lifeguard directions, help keep beaches clean and orderly, and enhance beach safety. Obviously, it requires training appropriate to the level of enforcement power conferred. Funding Beach safety services are sometimes viewed as nonessential or of marginal value. Therefore, managers must be prepared to demonstrate the benefit to the community and provide an associated cost to that benefit. There are many sources available to assist with that justification. Several are included in the Reference section of this report and some are included in the Appendix. Funding may be derived from a variety of sources including but not limited to: the general fund, parking fees, user fees, concession sales, tourist development tax, and grants. Commonly used grants to help fund beach safety services throughout Florida include EMS Matching Grants which are typically used for capital outlay and/or operating supplies that improve or enhance the local EMS system. Many Florida lifeguard agencies have utilized these funds over the past several years to purchase medical supplies, oxygen administration equipment, specific airway management equipment, automatic external defibrillators, rescue vehicles, surf rescue vessels, training manikins, videos, and public education materials. Bay County Review Page 13 of 27 Williams/Brewster

14 EMS Agreement Many lifeguard agencies enter into a memorandum of understanding (MOU) with the EMS licensee within whose jurisdiction the agency operates. Doing so more adequately defines the roles and responsibilities of lifeguard personnel at an emergency scene, establishes a system for documentation required for patient care rendered pursuant to Section of the Florida Statutes (see Appendix), and ultimately improves patient care. Additionally, the MOU provides a vehicle to receive state funds under the EMS Matching Grants program. Water Quality Water quality is an increasing concern nationwide. Some states and localities have adopted regulations to ensure that beach waters are clean and that any contamination is reported, both to authorities and to swimmers. Two primary sources of pollution are sewage and runoff from street storm drains. By 2003, all municipalities must have a National Pollutant Discharge Elimination System Permit (NPDES). This is regulated in Florida by the Florida Department of Environmental Protection. A storm water utility tax is a possible funding mechanism for NPDES compliance. Partnering with the Florida Healthy Beaches Program through the Bay County Department of Health for testing and posting of the areas, in cases of contamination, is also a possible approach. In areas where swimming or other body/water contact will take place, testing should be accomplished at least once or twice a week and after any significant rainfall or other suspected contamination event. Wherever such sources exist, they should be clearly identified, the public should be notified of any enhanced risk, and the public (particularly children) should be kept away. Site Specific Observations Ira Hutchison Park on Deer Point Lake At this location, we observed a clean, moderately developed park with a current park capacity of vehicles and people. A boat ramp is located at one end and a restroom building at the other. Various picnic tables, trash cans, and basic amenities were present. Swimming was clearly considered permissible at this location, along with motorboating, wading, and fishing. No meaningful effort to separate incompatible activities was evident. Signs were present, but were inconsistent in design and message. At least one was misspelled, leaving a poor impression. There was a bulkhead at the edge of the grass area, from which children were repeatedly diving head-first into very shallow water. Motorboats were cruising at high speeds nearby. We were also advised of alligators nearby. This park is clearly attractive to swimmers, boaters, and picnickers. The limited beachfront acreage combined with the shallow water, bulkhead, lack of safety services, potentially dangerous marine life, underwater obstructions, general park design, and wide variety of activities that take place at this location certainly present significant threats to public safety. Even if a facility or site has operated relatively injury free for years the potential for risk cannot be overlooked. For example, a single serious neck injury caused by diving from the bulkhead could cause lifelong paralysis or death, and accompanying litigation. Although facility design Bay County Review Page 14 of 27 Williams/Brewster

15 and appropriate signage can be very effective in reducing hazardous behaviors, neither should be considered an acceptable replacement for a trained on-site staff. As well, to reduce the potential for accidents, it is desirable to separate such uses. Of the boaters, we observed two types. One is the traditional motorboat, typically launched and taken offshore for water-skiing, fishing, or cruising. The other type is the personal watercraft that is often launched, then immediately beached, where various persons may take turns operating. M.B. Miller Pier At this location, we observed a beautiful oceanfront beach, with a parking lot, concession area, and pier. Generally, the pier and concession area seemed adequately maintained. Some construction was recent and well done. We observed two lifeguard buildings on the beach, one to the north and one to the south of the pier. These buildings were deplorable in construction, design, and maintenance. It is hard to imagine that they would meet any reasonable legal standards for employee safety. However, their location was strategic according to apparent beach use patterns (i.e. a relatively equal interest in beach use on both sides of the pier). Considering the visual obstruction the pier creates and the length of the beach area under observation, both sides should be clearly visible to scanning lifeguards and a lifeguard or lifeguards should be readily available to respond. One technique that is employed in some areas with a pier is to place an observation point on the pier and to have a lifeguard observe from that point. This approach is unlikely to be fully adequate here however, for two reasons. First, the lifeguard so positioned will be unable to see under the pier, where serious problems can develop. Second, this lifeguard would be poorly positioned to effect rescues. In any case, use of a pier observation point would need to be augmented by lifeguard observation points and responders on the beach. Aside from existing, natural hazards (i.e. surf, rip currents, etc.), one of the most serious hazards presented came from a storm drain on the east side of the pier. This drain emptied onto the beach in a manner likely to foment formation of a rip current. The drain was not covered and runoff could create a danger of cave-in. Aesthetically, it presented a poor image. Moreover, runoff from this drain is presumably hazardous to the health of swimmers. A postcard in a nearby store, observed after our visit, included an aerial photograph of the beach with a long string of dirty water extending from the exit of the storm drain along the shoreline. This is undoubtedly inconsistent with the image Bay County wishes to project. We observed a person identified to us as a beach ambassador from the adjacent municipality patrolling the beach on an all-terrain vehicle. She had a rescue buoy and other items that suggested she was a lifeguard, but we were told she is instructed not to make rescues. If true, this presents a disturbing situation in which beachgoers may be lulled into a false sense of security. Additionally, this presents the employee with a difficult decision should an emergency occur. An employee assigned to a beach area and equipped with even minimal rescue equipment may respond under a sense of moral responsibility or at the urging of beachgoers, regardless of training, experience, or adequate back-up, thus placing the employee at risk. Bay County Review Page 15 of 27 Williams/Brewster

16 We observed various chairs and umbrellas on the beach, with no apparent attendants to handle the rentals. It appeared, though this was denied, that lifeguards had some responsibility for this during their regular hours of protection. This directly conflicts with USLA recommended standards, detailed in Guidelines for Open Water Lifeguard Agency Certification, due to the distraction of lifeguards from their primary, public safety role. 12 (see Appendix) The Centers for Disease Control s Lifeguard Effectiveness report states, supervisors and managers at aquatic facilities sometimes make the mistake of assigning lifeguards unrelated duties to perform while also expecting them to conduct effective patron surveillance. Because drowning can occur quickly and quietly, it is not surprising that lifeguards, distracted from keeping an eye on the water by other assigned duties, have failed to spot drowning persons in time to rescue them It is clear, therefore, that swimming facilities must be staffed adequately to ensure effective and continuous patron surveillance, and that lifeguards should be given no other task that would distract them from this work. 13 (see Appendix) Rick Seltzer Park This location includes a beachfront park, sheriff's substation, and a parking lot with a capacity of approximately 212 vehicles, as well as public facilities that include restrooms, vending machines, and a walkway to the beach. No lifeguards are provided. Dolphin Boat Ramp This is a boat ramp on the inland waterway. There is very limited parking available adjacent to the ramp. Parking is available a short walk away, but is unimproved and poorly marked. The road is narrow and difficult to navigate with a trailer. This appears to be a situation in which local residents are reluctant to see greater use of the public ramp. There is no adjacent beach or park suitable for swimming. In fact, boats would appear to traverse the area very near shore at high speeds. The current signs at this location state, "No Lifeguard on Duty Swim at Own Risk. Beach Access Points We visited several of the reported 43 public beach access points maintained by Bay County. These varied in the level of improvement from unimproved natural paths to much more developed areas. It is difficult, in these cases, to advise Bay County on beach safety responsibilities. Certainly, these beach access points encourage use of the beach and, by extension, swimming. On the other hand, the County appears to own little or none of the adjacent beach area. It would seem that, at a minimum, Bay County bears some responsibility for ensuring that those using the access-points are notified of known hazards, provided recommended steps that can be taken to mitigate those hazards, and provided with a method of summoning emergency assistance. Ideally, lifeguard protection should be considered at any area where persons congregate to swim. 12 United States Lifesaving Association. Guidelines for Open Water Lifeguard Agency Certification; rev. November Branche CM, Stewart S. (Editors). Lifeguard Effectiveness: A report of the Working Group. Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; Bay County Review Page 16 of 27 Williams/Brewster

17 RECOMMENDATIONS In an effort to advise and assist Bay County in enhancing the safety of the public using County beaches and waterways and protecting Bay County from exposure to litigation, we make the following recommendations. Beach Safety Management Program 1) A comprehensive beach safety management program should be developed and implemented throughout Bay County with the objective of increasing safety, reducing liability, and saving lives. An interlocal agreement should also be sought with the neighboring beach communities to provide for a uniform level of service and continuity of care. To ensure the best possible program, we would suggest that a coordinating group be formed. This coordinating group or task force should have three main purposes: A) It will serve as a united voice for beach interest. This will be helpful in gaining support of the community and community leaders. B) It will help support each independent interest group by fostering interaction among the member organizations and interest groups. Ultimately, this will aid understanding and perhaps lead to a more cooperative effort to achieve desired goals and objectives. C) It will help each independent interest group refine their goals and objectives on behalf of the broader goal "to provide for a safe beach environment" At the outset the task force should include representatives from the public safety community, the beach going community, other local aquatic facilities, special interest groups (such as local surfing clubs, sailing/boating clubs, and so on), tourism officials, Risk Management, and Leisure Services. At some point in the process we would suggest bringing in an expert and/or working with USLA to provide technical expertise. Public Education 2) A learn-to-swim program, similar to that implemented in Broward County, should be implemented to increase the number of persons in the community who know how to swim and to educate them about aquatic safety. 3) A school-based program of educating students in aquatic safety should be initiated in concert with the public school system. 4) Public service advertising should be organized, in concert and with the support of local media, tourism officials, hotels, etc. 5) Internet based information should be provided regarding aquatic safety in Bay County and linked to useful aquatic safety organizations. Bay County Review Page 17 of 27 Williams/Brewster

18 6) A program should be developed to ensure that local employees likely to interface with tourists are provided basic information on aquatic safety to provide to visitors. 7) A beach and waterway condition telephone recording, updated at least daily, should be developed. Included information could include water conditions (including surf size, rip currents, etc.), current weather, tides, water quality, and safety advice. An example of the sort of information that can be provided can be garnered by dialing ) We recommend that some accommodation be reached with Panama City Beach officials responsible for the flying of flags. The existing flag warning system should be evaluated and coordinated to ensure consistency, standardization, proper implementation, and education of residents and tourists as to the meaning. If Bay County is unable to reach accommodation with Panama City Beach regarding these issues, it may be best to opt out of the program on Bay County beaches, rather than send inconsistent messages. 9) Bay County should be prepared to prepared to modify its flag system to achieve national consistency when USLA issues a recommendation in this regard. 10) Bay County, ideally working in concert with adjacent political jurisdictions, should develop and post, at all beach access points, attractive signs of a common design, succinctly detailing pertinent key beach rules and hazards. These signs should describe not only the hazards, but how one can avoid them. In particular, considering the prevalence of rip currents in Bay County, a sign graphically depicting a rip current and how to extricate oneself from a rip current should be posted at all beach access points to ocean beaches. We recommend that signs incorporate symbols, wherever appropriate, in addition to wording. This will help address language barriers and increase comprehension. USLA has a number of examples that can be provided upon request. 11) At major beach locations, Bay County should develop kiosks with expanded information about rip currents, local wildlife, weather, and other pertinent issues. Such kiosks could be developed in concert with tourist authorities, who may be willing to assist with funding in exchange for advertising. Separating Incompatible Activities 12) The existence of incompatible activities should be reviewed and addressed at all areas where water activities are permitted. Specific recommendations follow for individual sites. Emergency Services and Supervision 13) We recommend that lifeguards be provided at locations where swimming is known to occur with regularity and where the County has taken steps that invite users to the beach, unless the County has taken meaningful steps to specifically prohibit swimming (via enforcement). This will not only help ensure adequate protection of the residents and visitors to Bay County, but it will help reduce exposure to civil liability. 14) Hours and dates of operation should be determined for each location where lifeguard staff will be assigned, based on attendance, conditions, and demonstrated need. These hours Bay County Review Page 18 of 27 Williams/Brewster

19 should be clearly posted at each location. The use of staggered shifts is recommended to maximize lifeguard coverage. The beach safety management plan should incorporate this decision. 15) Areas of responsibility should be designated for each area with lifeguard supervision. This should include principles of separating conflicting users. The beach safety management plan should incorporate this decision. 16) We recommend that a person be retained by Bay County, full time, to coordinate the provision of aquatic safety; to develop the beach safety management program (see #1 above); and to oversee the work of lifeguards. This person would ideally be a qualified lifeguard who could provide response and backup for major incidents, as well as after-hours callback. This person should be provided with a four wheel drive automobile equipped as an emergency response vehicle, to respond to incidents and patrol areas of responsibility. 17) To ensure maximum accountability, professionalism, flexibility in adjusting services, and oversight we believe that lifeguards and the manager of aquatic safety should be employees of Bay County. If it is the decision of Bay County that a contract for services is preferable to direct employment of lifeguards, several items should be included in the contract beyond those included in the most recent contract. These include: A) Staffing levels & guidelines consistent with recommendations contained within this report B) Operating guidelines C) Adherence to USLA guidelines D) Certification by USLA at the advanced level E) Unannounced audits, with specified penalties for failures to meet standards F) Unannounced fiscal audits G) Continuous surveillance - Any lapse in the surveillance function of the lifeguard service must not be tolerated. Management must strive to eliminate intrusions and/or distractions that detract from this primary function of the lifeguard service. H) Lifeguard towers of a design and quality defined in this report I) A daily logbook, reports of lifeguard activities (rescues, medical aids, lost and found persons, etc.), and statistics on pertinent issues (see USLA guidelines) J) Validation of employee training and certifications 18) If Bay County chooses to outsource the lifeguard service, we would continue to recommend retention of a County employee to coordinate the beach safety management program, to oversee the overall operation, and serve as the contract manager. This position would ideally work closely with each contractor and be empowered to perform safety audits as necessary. 19) Regardless of the presence or absence of lifeguards, at each beach location where swimming is permitted, or known to occur with regularity, it is essential that a method for summoning emergency assistance is provided. Even if lifeguards are provided, as we have recommended, there will be times that lifeguards will not be on-site. Examples could be Bay County Review Page 19 of 27 Williams/Brewster

20 emergency callboxes with explanatory signs, that ring directly to an appropriate emergency dispatch center. 20) We recommend that a system for responding to aquatic emergencies at times and locations that lifeguards are not on duty should be developed. This could involve a dispatching and/or call-back system for lifeguards or cross-training of other emergency services workers (consistent with USLA standards) who would be on-duty at all hours. 21) We recommend careful consideration of mutual aid issues related to adjacent beach areas on the oceanfront. Depending on the presence of lifeguards at nearby facilities, Bay County lifeguards could conceivably work in concert with the adjacent lifeguards, providing mutual aid and assistance and receiving the same in return. If no lifeguards are present at adjacent facilities, Bay County will need to consider what steps will be taken if a person in distress is observed off beaches in adjacent jurisdictions. Some agencies advise their lifeguards to respond in such situations only when they must do so to prevent injury or death; however, the nature of lifeguarding involves a heavy emphasis on prevention to preclude the need for rescue. Thus, some degree of prevention may obviate the need for more time consuming and hazardous rescue. An example is the simple recommendation to users to move to the guarded area. This will need to be carefully considered. EMS Agreement 22) If lifeguards are provided, we recommend that Bay County enter into a memorandum of understanding (MOU) with the appropriate EMS licensee to define the roles and responsibilities of lifeguard personnel at an emergency scene, establish a system for documentation required for patient care rendered pursuant to Section of the Florida Statutes (see Appendix), and ensure proper patient care. Bay County should use this MOU as a vehicle to solicit state funds under the EMS Matching Grants Program. Water Quality 23) A system for regular monitoring, reporting, and informing the public of water quality should be developed. A plan for closing areas which are out of compliance should be part of this system. Site Specific Recommendations Ira Hutchison Park on Deer Point Lake 24) We recommend creation of a boat beaching area to the left of the existing boat ramp and dock, and prohibiting swimming there. We recommend creation of a designated swimming area to the right, and prohibiting any boating activity there. There should be a buffer zone between the two. This will help separate incompatible users. A no-wake zone should be developed near shore to discourage boaters from leaving or returning to the beach at high speed. Such actions are dangerous and contribute to shoreline erosion. Each of these areas can be marked with buoys, consistent with Florida state buoying systems, and signs onshore. The following regulatory buoys are white and use orange markings and black Bay County Review Page 20 of 27 Williams/Brewster

21 lettering. These markers are found on lakes and rivers in Florida and elsewhere in the U.S. for the noted purposes. Any buoys placed should be consistent with these. 14 Danger Area Diamonds warn of dangers such as rocks, shoals, construction, dams or stumps. Controlled Area Circles indicate a controlled area such as no wake, idle speed, speed limit or ski zone. Exclusion Area Crossed diamonds indicate areas off-limits to all boats, such as swimming areas, dams, and spillways. 25) To develop the area to the left of the ramp and dock, additional parking and import of sand (for a sand beach) may be required. As well, some separation from the adjacent dam would be ideal. Picnic tables and related amenities should be positioned to allow the boaters an area of their own to congregate, thus lessening the chance that boaters will mix with swimmers on the other side of the launch ramp. 26) The existing dock should be replaced. It appears to be in poor shape and to present a safety hazard. 27) If feasible, the restroom facility should be replaced and positioned more toward the center of the park. This would make it equally convenient for boaters, picnickers, and swimmers, and could further encourage separation of incompatible uses. 28) We were advised of the presence of alligators in the adjacent water area. Prior to developing the area further for swimmers, experts on the behavior of these animals should be consulted. It seems reasonable in doing so however, to consider that the presence of sharks does not normally dissuade the use of ocean beaches for swimming. Nevertheless, reasonable notice of an unusual, known hazard is normally considered prudent. 29) The bulkhead should be replaced with a gradual shoreline, thus minimizing the problem of diving into shallow water - a highly dangerous activity that creates tremendous civil liability issues. The bottom, offshore, should be checked to ensure a consistently gradual decline to and somewhat beyond the offshore limit of the swim area. Consideration should be given to the likelihood that the bulkhead was created to protect the shoreline from erosion. Thus, a design that provides a gradual beach, but protects from shoreline erosion is desirable. 14 National Association of State Boating Law Administrators. How to Boat Smart -- Florida Boating Safety Course; (accessed December 21, 2001) Bay County Review Page 21 of 27 Williams/Brewster

22 30) Signs should be replaced in accordance with prior recommendations. 31) Lifeguards should be staffed. This will not only greatly enhance the safety of swimmers, but lifeguards can also act as quasi-park rangers at this location, helping to promote adherence to safety regulations, helping locate lost children, discouraging litter, and acting as a reporting source for emergencies. Specific duties and enforcement capabilities could help reduce negative impacts on the park, such as litter and turf destruction, that would otherwise pose maintenance costs. 32) We recommend no fewer than two lifeguards on duty at any given time, with a minimum of three during peak periods. The days per week and weeks per year should be determined by a study of park use consistent with information contained in the Background section of this report. Because of the remoteness of this location with respect to backup from other public safety services, these lifeguards should be provided and trained in the use of two-way radios that can directly access police, fire, and EMS. The minimum equipment standards recommended by USLA would address the major needs at this location. 15 (see Appendix) Two elevated stands from which lifeguards can observe the swimming area, sheltered from the sun and elements, would be appropriate. The lifeguards would also need an area to store equipment, change clothes, and take breaks out of the sun. This could potentially be addressed, over the long term, in a restroom building redesign. In the short term, it could be addressed through use of a temporary storage unit of appropriate size. 33) We recommend that consideration be given to providing lifeguards at this location basic enforcement powers. This need not include the provision of weapons, but may include the authority to issue citations for minor offenses. With proper training, this could reduce the need to call for police backup for minor transgressions, increase the level of respect the lifeguards receive when issuing warnings, and generally help ensure the safest possible use of the park. M.B. Miller Pier 34) Bay County has previously identified the need for lifeguards at this location, a decision with which we concur. The waters off the Panhandle, including the Panama City Beach area, are highly susceptible to rip currents, which have caused death on numerous occasions. The hours and seasons of lifeguard protection should be set according to observed levels of use of the beach and, particularly, the water, consistent with information contained in the Background section of this report. Ideally, there should be lifeguards available at any time people are reasonably anticipated to engage in water activity, in a number adequate to address foreseeable problems, provide breaks, and provide backup. 35) When lifeguards are staffed at this location, there should at no time be fewer than three. Two would be assigned to water observation, with one on each side of the pier, and one for backup. When attendance and water conditions rise, a minimum of six lifeguards should be staffed, with two assigned to water observation on each side of the pier and two for backup. This ensures adequate safety protection for the lifeguards themselves, should a problem 15 United States Lifesaving Association. Guidelines for Open Water Lifeguard Agency Certification; rev. November Bay County Review Page 22 of 27 Williams/Brewster

23 arise. It also allows for routine preventive actions, and ensures that minor emergencies do not distract the attention of lifeguards from their primary responsibility water safety. A number greater than six may be necessary depending upon conditions. This can best be determined based on workload and experience. At no time should lifeguards be assigned to duties beyond public safety and routine maintenance of lifeguard equipment. 36) We recommend consideration of staggered shifts at this location. A minimum of six lifeguards during periods of peak staffing would allow for these shifts to extend the period of lifeguard protection. For example, three lifeguards could begin eight hour shifts at 8:00 a.m. or 9:00 a.m. Then, the other three lifeguards could come on duty eight hours prior to dusk. Thus, a minimum of two towers would be open in the morning and evening, and all towers could be open mid-day, with two lifeguards for breaks and backup. 37) Hours of lifeguard operation should be clearly posted for the information of beachgoers. Prior to leaving the beach, lifeguards should make efforts to advise persons in the water and on the beach that lifeguard services are terminating for the day. A public address system, located on the pier, would be ideal for this and other purposes, such as finding lost children. 38) We recommend a total of four lifeguard towers, two positioned on either side of the pier. This would allow for strategic placement of lifeguards in a phased manner according to crowds and conditions. As appropriate to conditions, all four towers could be staffed or only one on each side of the pier. During peak periods, with all four towers staffed, this would also allow for a lifeguard on either side of the pier to leave the tower for a rescue, preventive action, routine contact, or other purpose, while the second lifeguard on that side of the pier took over water observation for the entire area. Elevated lifeguard towers should be functional, non-hazardous, easily identifiable stations. Affix large numbers to the towers to assist beachgoers in identifying their location, help reunite lost children, and provide landmarks for responding emergency services. In locating towers, proximity to parking, walkways, concessions, and restrooms should be considered, since beachgoers tend to congregate near these locations and then swim in front of areas where they congregate. Tower design should enhance the ambience of the area while providing for public safety. 39) We recommend one or two all-terrain vehicles be provided to lifeguards to allow for rapid response, patrol, and deployment of lifeguard material. 40) We would recommend that the beach ambassador either be qualified as a lifeguard or be asked not to patrol the County beach, since this provides a false sense of security. 41) Replacement of the storm drain with a system that diverts effluent away from the beach should be undertaken. 42) We recommend that the maintenance area to the west of the pier be relocated. Oceanfront property is an inappropriate area for storage of debris and other materials not directly related to and immediately needed for the beach. It may present a safety hazard. Bay County Review Page 23 of 27 Williams/Brewster

24 Rick Seltzer Park 43) Considering the public accommodation and invitation to public use of the beach presented by these facilities, we recommend the provision of lifeguards. Due to the limited size of the oceanfront area owned by Bay County, the staffing level would be similar to that recommended at Ira Hutchinson Park. That would be a minimum of two whenever lifeguards are staffed, with necessary staff augmentations according to crowds and conditions. 44) It would appear, given the narrow area of beach at this location, that a single lifeguard observation tower, consistent in design with prior recommendations for other locations, would be appropriate. Lifeguards will need a location to store equipment, take breaks, etc. The County building to the north of the beach may be able to accommodate this. 45) An all-terrain vehicle would be of value, particularly in responding to incidents on the adjacent beach areas. While it may seem inappropriate to utilize County funds to purchase motive equipment to respond to adjacent beach areas, it is worthwhile to consider that if lifeguards respond to these areas, there is great value in their being able to quickly return to their primary area of responsibility to maintain safety there. 46) Beyond the all-terrain vehicle recommendation, other equipment provided should be consistent with USLA recommendations detailed in Guidelines for Open Water Lifeguard Agency Certification. 16 (see Appendix) Basic equipment should be adequate. A method of summoning assistance directly via radio would be imperative at this location. Dolphin Boat Ramp 47) We recommend that swimming be prohibited at this location. It is an inappropriate area for swimming and dangerous due to boat traffic. Local law enforcement should be asked to occasionally patrol the area and enforce this regulation. If the County follows our recommendations to hire an aquatic safety manager and lifeguards, occasional patrols by these persons could also assist in enforcement of the no-swimming regulations. 48) The current signage should be changed to reflect intended behaviors. "No Lifeguard on Duty Swim at Own Risk" does not prohibit swimming and may in fact promote swimming. 49) With respect to parking and related issues, a better description of the location of available parking, via signage, is recommended. As well, the parking area should be developed appropriately. Beach Access Points 50) We recommend that emergency callboxes be placed at all access points, along with standard signs referenced earlier and signs explaining rip currents. 16 United States Lifesaving Association. Guidelines for Open Water Lifeguard Agency Certification; rev. November Bay County Review Page 24 of 27 Williams/Brewster

25 51) At more densely used access points, we recommend that lifeguards be provided. The manner of doing so would be similar to Rick Seltzer Park. As previously stated, we do not recommend placing a single lifeguard at any location. Where lifeguards are provided, there should never be fewer than two at a time. 52) Consideration should be given to improving the walkways that are not compliant with Americans With Disabilities Act construction. This will not only address disabled access, but will also make them more suitable for patient transport in emergencies. Bay County Review Page 25 of 27 Williams/Brewster

26 RECOMMENDED REFERENCES Lifeguard Effectiveness: A Report of the Working Group Branche CM, Stewart S. (Editors). Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; (see Appendix) Download from: Guidelines for Open Water Lifeguard Agency Certification United States Lifesaving Association, rev. November 2001 (see Appendix) Download from: First Responder Agencies and Training Florida Statutes (see Appendix) The United States Lifesaving Manual of Open Water Lifesaving Brewster, B. Chris (Editor). The United States Lifesaving Association Manual of Open Water Lifesaving; Prentice Hall ISBN A Work Behavior-Oriented Job Analysis for Lifeguards - Final Technical Report National Center for Injury Prevention and Control Mael, Fred A. et al. Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 1998 Download from: Better Beaches Griffiths, Tom. National Recreation and Park Association; ISBN A Study of (Florida) Lifeguards and Lifeguard Agencies Florida Office of Emergency Medical Services in conjunction with the Emergency Medical Services Advisory Council; 1993 The Lifeguard Library How to Boat Smart -- Florida Boating Safety Course National Association of State Boating Law Administrators.; Bay County Review Page 26 of 27 Williams/Brewster

27 APPENDIX The following are attached in order of appearance and are copyrighted material of the noted entities: A Lesson in Cooperation Conway, Tim. Aquatics International; June 2001 Warnings on Rough Surf Slim Ingram, Sheila. Pensacola News Journal; November 2001 First Responder Agencies and Training Florida Statutes Lifeguard Effectiveness: A Report of the Working Group Branche CM, Stewart S. (Editors). Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; Guidelines for Open Water Lifeguard Agency Certification United States Lifesaving Association, rev. November 2001 Bay County Review Page 27 of 27 Williams/Brewster

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29 Pensacola News Journal PUBLISHED MONDAY, NOVEMBER 26, 2001 Warnings on rough surf slim Sheila After 2 drownings in 2 days, danger signs unclear to some Dangerous surf warnings were virtually nonexistent along Pensacola and Navarre beaches over the long holiday weekend, and most visitors said when they did see warnings, they didn't understand them. Surfers and swimmers continued to take advantage of big waves and warm temperatures Sunday despite two drownings over the weekend. No drowning or near-drowning incidents were reported Sunday. A 61-year-old Missouri man drowned at Navarre Beach on Saturday and a 42-year-old Citrus County man drowned just east of the Navarre Beach fishing pier Friday afternoon in treacherous currents stirred up by a storm system that swept through the area. Surf conditions were only slightly calmer Sunday than the previous two days. Leo Stager, 61, of Missouri drowned when he and daughter Sherry Palermo encountered a riptide on Saturday about 50 yards from shore. They were staying at a condominium on Navarre Beach. Stager died at Gulf Breeze Hospital, and Palermo was treated and released. An autopsy was to be performed on Stager on Sunday to determine whether other factors contributed to his death, but results were not available. On Friday, Robert Linton, 42, died after he was pulled out of the water east of the Navarre Beach fishing pier. It was an especially tragic summer in which eight people drowned in heavy surf off Pensacola area beaches, but the conditions over the long Thanksgiving weekend caught many by surprise. Most visitors to Navarre and Pensacola beaches said Sunday they don't know what the small red flags - when they are there at all - are intended to do. At Pensacola Beach, no red flags fly in November because lifeguards are not on duty to put them up in fall and winter months. Instead, this November, American flags fly on almost every lamp post and railing. A red flag warning of dangerous surf conditions does fly at the Fort Pickens entrance of Gulf Islands National Seashore, but no flags fly at most of the rest stops along the National Seashore between Navarre and Pensacola Beach or on Fort Pickens Road. Ron Niehaus of St. Louis, Mo., takes family photos as his son Michael clings to his leg Sunday at Pensacola Beach. John Copyright Pensacola News Journal

30 A few small red flags do fly near the Navarre Beach pier and at a smattering of condominiums along the Gulf - but the meanings and colors of the warning system at Navarre Beach are different than the system at Pensacola Beach. "I suppose the red flags have something to do with security?" said Matt Snyder, 79, of Mesa, Ariz., as he gazed at the Navarre Beach waves. "I didn't see any when I came over. I just paid the toll and was looking at road signs." His wife, Mavis Snyder, was shocked to hear of the weekend drownings. She said red flags would be more noticeable if placed at the end of each walkway leading toward the Gulf. At Navarre Beach, red flags mean dangerous undertow, stay out of the water; yellow means use extreme caution; and blue means that the seas are calm. At Pensacola Beach, a small wooden sign tells visitors that green means calm conditions, yellow means caution and red advises to stay out of the water. The sign at Pensacola Beach also tells people that when no flag is present, there are no lifeguards and a surf advisory is not available. A 932-SURF telephone number posted on the sign tells visitors that the last time lifeguards were present, surf conditions were dangerous. Officials for both Pensacola and Navarre beaches could not be reached Sunday to say whether any warning system changes are being considered. Even if the warning flags are flying, police and rescue personnel in Santa Rosa and Escambia counties said they are powerless to keep people out of the water. "There should be an ordinance, but there is no ordinance banning people from the water. It's basically a guidance," said Bruce Ehrenberger, a lieutenant with the Navarre Beach Volunteer Fire Department and a professional firefighter at Eglin Air Force Base. He said an employee with the Navarre Beach water department determines which flag will fly at the beach each morning. "I don't care if you swam in the Mississippi, Colorado or Snake rivers or in the pond back home in the north. It's not the same," he said. "We don't have a sandbar because of (Hurricane) Opal, and we have rips and they're bad. It's a shame. It's a tragic thing that has happened." Escambia Sheriff's deputy Peter Kaston said Sunday it's up to the lifeguards to post the flags on Pensacola Beach. "When the lifeguards quit for the season, there aren't any warning flags. The sheriff's department can't make that determination," he said. Florida Park Service ranger Hal Millender said surfers are mostly local and know how to handle dangerous conditions. "The visitors drive a great distance to get to the Gulf, and some fly. They're going to get into that water no matter what. They're the ones that get into trouble," he said. "We can warn them, but that's all we can do. The locals are going to take advantage of that surf. They're together and they protect each other. The tourists get misled by that. They see the locals out there, and they're not as familiar with the Gulf." Millender monitors the area around the Navarre Beach fishing pier. Shreveport, La., resident Lewis Kalmbach, 40, swam near Navarre Beach on Sunday but did not know about the second drowning in two days. He visits Navarre Beach often, and his parents own a home there. "Since Hurricane Opal everything has changed," he said. "It's not the same water we grew up with at all."

31 To make the beaches safer for visitors, Kalmbach said more lifeguards and more signs have to be made available. "They're going to have to put some people at the public beaches, and not just at the campgrounds," he said. "Maybe they could have lifeguards available just like they have a nurse or a doctor on call. But how you pay for that is probably another story."

32 The 2001 Florida Statutes Title XXIX Public Health Chapter 401 Medical Telecommunications And Transportation View Entire Chapter First responder agencies and training.-- (1) The department must adopt by rule the United States Department of Transportation Emergency Medical Services: First Responder Training Course as the minimum standard for first responder training. In addition, the department must adopt rules establishing minimum first responder instructor qualifications. For purposes of this section, a first responder includes any individual who receives training to render initial care to an ill or injured person, other than an individual trained and certified pursuant to s (1), but who does not have the primary responsibility of treating and transporting ill or injured persons. (2) Each first responder agency must take all reasonable efforts to enter into a memorandum of understanding with the emergency medical services licensee within whose territory the agency operates in order to coordinate emergency services at an emergency scene. The department must provide a model memorandum of understanding for this purpose. The memorandum of understanding should include dispatch protocols, the roles and responsibilities of first responder personnel at an emergency scene, and the documentation required for patient care rendered. For purposes of this section, the term "first responder agency" includes a law enforcement agency, a fire service agency not licensed under this part, a lifeguard agency, and a volunteer organization that renders, as part of its routine functions, on-scene patient care before emergency medical technicians or paramedics arrive. History.--s. 24, ch ; s. 11, ch

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