Pool Safety for Kids: Lessons Learned

The following was article was written by the U.S. Consumer Product Safety Commission. I hope you read the article and take something from it.

Preventing Child Drownings

In some of the nation’s sunbelt, drowning has been the leading cause of accidental death in the home of children under 5 years old. The information below can help parents and caregivers provide young children with the protection they deserve.

Each year, nationwide, more than 300 children under 5 years old drown in residential swimming pools, usually a pool owned by their family. In addition, more than 2,000 children in that age group are treated in hospital emergency rooms for submersion injures.

Medical costs for submersion victims during the initial hospitalization alone can be quite high. Costs can range from an estimated $2,000 for a victim who recovers fully to $80,000 for a victim with severe brain damage. Some severely brain damaged victims have initial hospital stays in excess of 120 days and expenses in excess of $150,000.

Many communities have enacted safety regulations governing residential swimming pools — inground and aboveground. It’s up to parents to comply with these regulations. Apart from these laws, parents who own pools, can take their own precautions to reduce the chances of their youngsters accessing the family pool or spa without adult supervision.

Facts and Figures

Following are just a few facts uncovered by the U.S. Consumer Product Safety Commission (CPSC) in a comprehensive study of drowning and submersion incidents involving children under 5 years old in Arizona, California, and Florida.

Seventy-five percent of the submersion victims studied by CPSC were between I and 3 years old; 65 percent of this group were boys. Toddlers, in particular, often do something unexpected because their capabilities change daily.

At the time of the incidents, most victims were being supervised by one or both parents. Forty-six percent of the victims were last seen in the house; 23 percent were last seen in the yard or on the porch or patio; and 31 percent were in or around the pool before the accident. In all, 69 percent of the children were not expected to be at or in the pool, yet they were found in the water.

Submersion incidents involving children usually happen in familiar surroundings. Sixty-five percent of the incidents happened in a pool owned by the child’s family and 33 percent o the incidents happened in a pool owned by friends or relatives.

Pool submersions involving children happen quickly. A child can drown in the time it takes to answer a phone. Seventy-seven percent of the victims had been missing from sight for 5 minutes or less.

Survival depends on rescuing the child quickly and restarting the breathing process, even while the child is still in the water. Seconds count in preventing death or brain damage.

Child drowning is a silent death. There’s no splashing to alert anyone that the child is in trouble.

Barriers

The following barrier recommendations are the result of identifying key parameters that typically contribute to child drowning in backyard pools. These recommendations are the minimum steps you can take to make your home a safe place for your child.

Barriers are not childproof, but they provide layers of protection for a child who strays from supervision. Barriers give parents additional time to locate a child before the unexpected becomes a reality.

Barriers include a fence or wall, door alarms for the house, and a power safety cover over the pool. Barriers also may be used to protect children from accessing hot tubs and spas. Use the following recommendations as a guide:

Fences and Gates

Install a fence or other barrier, such as a wall, completely around the pool. If the house is part of the barrier, the doors leading from the house to the pool should be protected with an alarm or the pool should have a power safety cover. Alarm and cover details are below.

The fence or other barrier should be at least 4 feet high. It should have no foot- or handholds that could help a young child to climb it.

Vertical fence slats should be less than 4 inches apart to prevent a child from squeezing through.

Use this as a guide when the release mechanism is located less than 54 inches from the bottom of the gate.

If horizontal members are equal to or more than 45 inches apart, vertical spacing shall not exceed 4 inches.

If the fence is chain link, then no part of the diamond-shaped opening should be larger than 1-3/4 inches.

Fence gates should be self-closing and self-latching. The gate should be well maintained to close and latch easily. The latch should be out of a child’s reach.

When the release mechanism of the self-latching device is less than 54 inches from the bottom of the gate, the release mechanism for the gate should be at least 3 inches below the top of the gate on the side facing the pool. Placing the release mechanism at this height prevents a young child from reaching over the top of a gate and releasing the latch. Also, the gate and barrier should have no opening greater than 1/2 inch within 18 inches of the latch release mechanism. This prevents a young child from reaching through the gate and releasing the latch.

There are a wide variety of fencing construction materials available to compliment your house and pool surroundings. Your local fence company or pool enclosure company can provide you with information and assist you in making a selection.

The weak link in the strongest and highest fence is a gate that fails to close and latch completely. For a gate to close completely every time, it must be in proper working order.

Door Alarms

If the house forms one side of the barrier, then doors leading from the house to the pool should be protected with alarms that produce an audible sound when a door is unexpectedly opened.

Install an alarm that can be temporarily turned off by an adult for a single opening of the door by using a keypad or switch that is out of a child’s reach.

Battery and electrically powered alarms are available. The key pad switch can be used by adults who wish to pass through the door without setting off the alarm. It should be placed high on all doors leading from the house to the pool. Affordable and easily installed alarms are available. An alarm signal immediately tells a parent that a door has been opened.
Power Safety Covers

Power safety covers over the pool may be used as an alternative to door alarms. A power safety cover should meet the requirements of the ASTM pool cover standard which addresses labeling requirements and performance. ASTM requires that a cover withstand the weight of two adults and a child to allow a rescue should an individual fall onto the cover. The standard also requires quick removal of water from the cover. A young child can drown in just inches of water.

A power safety cover is a motor powered barrier that can be placed over the water area. Motor-driven covers easily open and close over the pool. When the power safety cover is properly in place over the pool, it provides a high level of safety for children under 5 years old by inhibiting their access to the water.

Above-Ground Pools

Steps and ladders leading from the ground to the pool should be secured and locked, or removed when the pool is not in use.
Rules for Pools

-  Instruct babysitters about potential pool hazards to young children and about the use of protective devices, such as door alarms and latches. Emphasize the need for constant supervision.
-  Never leave a child unsupervised near a pool. During social gatherings at or near a pool, appoint a “designated watcher” to protect young children from pool accidents. Adults may take turns being the “watcher.” When adults become preoccupied, children are at risk.

– If a child is missing, check the pool first. Seconds count in preventing death or disability. Go to the edge of the pool and scan the entire pool, bottom and surface, as well as the pool area.

– Do not allow a young child in the pool without an adult.

–  Do not consider young children to be drownproof because they have had swimming lessons. Children must be watched closely while swimming.

– Do not use flotation devices as a substitute for supervision.

– Learn CPR (cardiopulmonary resuscitation). Babysitters and other caretakers, such as grandparents and older siblings, should also know CPR.

–  Keep rescue equipment by the pool. Be sure a telephone is poolside with emergency numbers posted nearby.

–  Remove toys from in and around the pool when it is not in use. Toys can attract young children to the pool.

Never prop open the gate to a pool barrier.

NOTE: To obtain detailed barrier recommendations, write CPSC, Pool Barriers, Office of Information & Public Affairs, Washington, DC 20207.

POOL DRAIN SAFETY: What you need to know about Circulation / Suction Entrapment and Pool Drain Safety

Swimming pool use:

• If any of the drain covers are broken or missing, do NOT enter or allow anyone else to enter the pool. Notify the pool owner, management or call your pool professional immediately to make necessary repairs.
• Do NOT allow anyone, child or adult, to play with or sit on any suction outlet (drain) or wall vacuum fittings!
• Pull long hair back into a ponytail or a bathing cap.
• Remove jewelry before entering the pool.

If you have your own pool, visit a pool in your community or are traveling and want to use the pool at a hotel, resort, motel, park or other establishment, ensure the pool is safe:

• Ask a licensed professional to inspect all suction outlets. Ask that drain covers be 2007 ASME A112.19.8 certified and wall vacuum fittings be self closing/self latching.
• Replace any broken covers, missing covers or uncertified covers with 2007 ASME A112.19.8 certified drain covers.
• Have a licensed pool professional inspect your pool. If it has a single drain, retrofit it in accordance with the ANSI/ APSP 7 standard. Options include converting the drain to a single unblockable suction outlet or installing a cover/grate certified to the 2007 ASME A112.19.8 standard and at least one of the following: an additional suction outlet(s), gravity flow system, vent system, safety vacuum release system (SVRS), converted suction outlet to return inlet, and/or disable the suction outlet and provide a skimmer capable of the full system flow.
• Post a list of rules and require anyone entering the pool to read the rules.  Please see our safety checklist for start with your own pool rules.  Additionally, we have also posted our safety checklist for children under five.  Remind everyone not to play with drains.
• Periodically have a licensed professional evaluate and, if necessary, maintain all drains and outlets.

Pools being built:

• Speak with the pool company to ensure they are knowledgeable on suction entrapment and will build your pool to the ANSI/ APSP 7 standard as required by the Florida Building Code.
• Only use a properly licensed company.
• Discuss and understand your circulation, drain and drain cover options.
• The federal Virginia Graeme Baker Pool & Spa Safety Act requires say that as of Dec. 20, 2008 only 2007 ASME A112.19.8 drain covers can be sold in the U.S. Request only 2007 ASME A112.19.8 certified covers be installed.

Circulation / suction entrapment – what types:

• Limb: Limb entanglement/entrapment occurs when an arm or leg becomes stuck in a drain. The cover must be broken or missing for this to occur, but it does not require suction. 25.6% of cases.*
• Hair: Hair entanglement/entrapment occurs when a person’s hair becomes entangled in a drain cover and can’t be pulled free. 28.7% of cases.*
• Body: Body entrapment occurs when a drain is completely covered by any part of a person’s body and suction holds them in place. 29.8% of cases.*
• Mechanical: Mechanical entrapment occurs when an item on the person becomes entangled or stuck on a drain or drain cover (i.e. jewelry, bathing suit). 5.6% of cases.*
• Evisceration / Disembowelment: This occurs when someone sits on a drain that has suction, and a broken or missing cover, and injuries or disembowelment occurs. This can occur in a fraction of a second. 3.1% of cases.*

*Information was provided by the Consumer Product Safety Commission. Percentages were calculated based on the 195 cases reported to the CPSC for 1985-2007. In the remaining 7.2% of cases, the type of entrapment is unknown.

Spa Safety – tips for Florida’s parents and children

There are many people who either own a spa or take their kids to the spa. Far to often we hear about a day that was supposed to be full of fun, turn out to be a nightmare for a family. In the light staggering number of deaths in Florida from drownings and spa accidents, the dangers of using a spa are not obvious. Drowning usually occurs quickly and silently. Two minutes following submersion, a child will lose consciouness. Irreversible brain damage occurs after four to six minutes and determines the immediate and long-term survival of a child.

Here are some precautions to keep in mind if you own spa:
- Avoid problems with a single drain by installing a second one to disburse suction.
- Install safety dome on flat drains.
- Instruct anyone with long hair not to get in near a drain, and tell anyone who uses a spa not to stick fingers, toes, or other body parts into the drain.
- place power switch nearby so it can be reached quickly in case of an emergency.
- If your spa is indoors, lock the door to the room or use a cover that locks.
- Closely supervise children even if they know how to swim.
- If you are concerned about a spa’s safety check with your local county and/or city building inspector.

Pool Drains Remain Unsafe Despite New Florida Regulations

Another swimming pool accident occurs in Miami, Florida. On August 24, 2009, a child’s arm was sucked into a pool drain at a Key Biscayne Condo (Key Colony Condominiums). The rescue workers used jackhammers and respirator equipment to save the girl’s life a frightening reminder about the continued problem of pool drain safety around the country.

“My heart really sank,” said Florida Congresswoman Debbie Wasserman-Schultz when she saw video broadcast the morning the rescue workers were trying to free a three-year-old girl when her arm got trapped in a skimmer drain. “The number two killer of children under 14 in this country to accidental death is drowning in swimming pools.”

The girl is in stable condition after she was airlifted to a local hospital.

An ABC News investigation last summer highlighted the risks of small, flat drain covers at public pools. Producers and interns from the ABC Investigative Unit and from affiliates in San Francisco, San Diego and Orlando showed improper drain covers and dangerous drains from hotels, apartments and municipal pools all over the country.

Wasserman-Schultz, a mother of three, was a key player in the 2007 passage of the Virginia Graeme Baker Pool and Spa Safety Act, which required updated domed or large, flat covers and better safety regulations for public pools and spas in the U.S.

According to Paul Pennington, a pool safety expert, the advantage of new domed-shaped drains or large flat drains is that it makes it much harder for a skimmer to create the dangerous vacuum effect. A domed drain cover is not only “the kind of drain cover that is required” by the new law, but Pennington said, “you should want to put it in.”

Wasserman-Shultz said these new anti-suction drain types would have prevented this morning’s incident in Key Biscayne. “The fact that this little girl got her arm stuck in the powerful suction of the skimmer is just another example of how powerful the suction is without safety equipment and these are pools that should be shut down,” she said.

Pools at apartment complexes and condos, like this accident, are considered public and are subject to the new law.

Federal Law
Experts and legislators alike show frustration and disappointment with the new law’s enforcement around the nation and, for Wasserman-Schultz, this accident in Key Biscayne exacerbates fears about the larger picture of the law’s lack of compliance.

“My first thought was, ‘Oh my God, I hope this pool was in compliance.’ But my fear is that it wasn’t and that this accident was entirely avoidable,” she told ABC News.com.

“There are hundreds of accidents every year where children drown in pools and states that are resisting enforcing the Virginia Graeme Baker Act are essentially putting the public at risk,” Wasserman-Shultz said. “To turn the other cheek and ignore a federal law that’s been on the books to require these pools to be compliant for over a year is unconscionable.”

Hotel Swimming Pool Liability | Lack of Staff Training in Florida Hotels

FLORIDA – The hotel swimming pool, one of the first stops for many people vacationing in the sunshine state.  As one can imagine, Hotel pools throughout the world are the major draw for families, especially, children.  Although Florida is one of the most visited states in the country, Florida (not proud of it) continues to be the leader in pool drowning accidents.  Below are just a few of sample of the headlines regarding Florida hotel drowning. These accidents continue to prove that Florida Hotel and Resorts are not equipped and lack the staffing to properly monitor their guests. 
August 17, 2009 the headlines read, “Man drowns in hotel pool.” Apparently a man on vacation in Vero Beach Florida drown in the hotel swimming pool.

Jun. 27, 2009 the headlines read “One Person Drowns in Pool at International Plaza Resort & Spa, Orlando, Florida.” Apparently a worker from the hotel in the International Drive tourist corridor drowned after accidentally falling into the pool according to the Orange County Sheriff’s Office.

March 22, 2009 the headlines read “4-Year-Old Girl Drowns At Lakeland Hotel Pool.” Apparently a 4-year-old girl died after she fell into a pool at a Lakeland Florida hotel and was believed to have drowned according to police reports.

Drowning is the second-leading cause of injury-related death for children ages 1 to 14 years in the United States.

According to the CDC, Florida had the 3rd highest overall unintentional drowning death rate in the United States in the 5 years between 1999 and 2003 and Florida had the highest unintentional drowning death rate of toddlers ages 1-4 in the United States during that same period.

1. Hotel owners and managers need to improve safety and reduce liability?

In addition to lifeguards and pool attendants, Hotel and Resort owners  and managers need training, training and more training. The safety training the hotel staff receives can often be the difference between life and death in many medical emergencies such as drowning, choking, cardiac arrest, heart attack, stroke and a variety of other medical emergencies. Preparing for these accidents, knowing what to do and how to act quickly can turn a bad accident into a life saving celebration.

2. CPR and First Aid must training occur and occur often?

The old expression use it or lose it comes to mind. The American Heart Association CPR AED and First Aid certification cards are valid for a period of 2 years. Every 2 years may be sufficient for the actual training classes but safety drills, similar to the fire drills we had in school should be conducted on a regular basis. These drills apply what was learned in the classroom to real life scenarios that can occur at the hotel.

3. Safety First – Hotel and Resorts need to put safety on the tops of staff priority?

Quick access to the proper PPE – Personal Protective Equipment is a must for your staff. Your PPE should include medical exam gloves, a CPR Mask, eye protection, biohazard bag, sharps container and a face mask. These are relatively inexpensive and should be placed throughout the hotel to allow quick retrieval for use in the event of a medical emergency.
4. Hotel and Resort need quick access to first aid kit.

A good first aid kit is very important however it does not necessarily mean signing an expensive service contract to fill your wall mounted cabinet with overpriced bandages and aspirin. Keeping it simple is often best. In addition to your PPE listed above you will want bandages, gauze, medical tape and an assortment of band aids in various sizes. Depending on the size of the property and the training of your staff the number of first aid kits and the items you include in your first aid kit will vary.

5. Resort and Hotels should purchase an AED – Automated External Defibrillator?

An AED is a very good thing to have in any public building. Why, because AEDs save lives and are very safe to use. An Automated External Defibrillator or AED is a portable, battery operated electronic device about the size of a laptop computer. The AED automatically diagnoses if someone is in cardiac arrest and is able to treat the patient by an electrical shock. AEDs are designed to be simple so that anyone can use one. So simple that I often start my CPR AED classes by selecting someone from the class that has never seen an AED and I ask them to demonstrate how to use an AED by following the AEDs voice instructions. To date, the youngest person to effectively demonstrate the AED in one of my classes was only 9 years old!

Without an AED the chances of surviving Sudden Cardiac Arrest (SCA) outside of a hospital setting are very small – less than 5%. However, if the AED is applied to the victim within the first couple of minutes their odds increase to about 70% – 90%.

6. Preparation, Preparation and more Preparation hotel staff training.

Hurricane season is upon us and hurricanes present many unique problems for Florida hotel and resort managers. One of the major problems both during and immediately after hurricanes is the number of injuries that can often overwhelm the local EMS system as well as the local hospitals. Hotel staff trained in basic First Aid and CPR can administer emergency medical care until EMS arrives. Under normal conditions typical response times are 8-12 minute. During and immediately following a hurricane response times could be much greater.

Preparing your hotel and your staff for medical emergencies is like buying insurance, only a lot less expensive. You are increasing safety while reducing liability and best of all the costs associated with these safety programs are relatively low.

Causes of swimming pool and drowning accidents

Swimming pool and drowning accidents are caused by some variation of the following:

1. Inadequate life saving equipment
2. Lack of delineation between shallow and deep end of the pool
3. No steps at the edge of the pool for exiting
4. No clearly defined safety plan
5. Inadequate training for lifeguards
6. No buddy system in place
7. No defibrillator available at a public pool

The Shaked Law Firm is dedicated to helping families after serious injury or death in a pool accident.  Please see our safety checklist for preventing pool accidents.

If you or your child has been injured in a swimming pool accident, or you are grieving over the death of a loved one in drowning accident, contact the attorneys at the Shaked Law Firm.  We have the experience and the resources to help.  From as south as Key West, Miami,  and Fort Lauderdale, we serve clients throughout Florida.

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