All,

I have been asked to present a seminar at the 2015 ATRRM convention on Legal and Liability Issues for Railroad Museums and Tourist Railways. This is not a seminar on FRA regulatory issues, which will be addressed in a separate seminar.

With that in mind, what kinds of issues do you all think deserves coverage. We have the aforementioned discussion about background checks for volunteers, but what else?

I look forward to your suggestions.

David

Discussion of insurance coverages for liability due to injury (both employee/volunteer and passenger/visitor) and ADA onboard accessibility are two that come to mind.

Relationships with local entities comes to mind - county; township; borough - what have you.

One issue that seems to be stonewalling volunteer efforts, is there any way to cover liability for volunteers under age of majority without having guardian on site? We have been approached by multiple older teens that want to volunteer, but know they won't be able to drag their parents or an older family member down to watch them (let alone wanting a hovering family member). Is there any way that allows them to come down and volunteer but still covers the backside of the museum.

Over the last 10 years I know of at least a dozen hardworking 14-17 year olds that have approached us, willing to help on the entry level jobs (leaves, paint, shovels, beautification, docent, etc...) but were not able to help because of this. If there was a way around this that would help overall volunteer efforts, as even if they wander off for college and to have family of their own. The hooks of the comradery and other fun memories are there for when their free time becomes available later in life. Then at that time they might be able to interest their children, other family members and friends in helping the museums.

Unfortunately by the time they turn 18, hormones, college and careers become primary, before that they have free time and itchy fingers.

Rich C.

D & O insurance protection or lack thereof comes to mind.

There are highly talented people who do not serve on boards or as officers because they fear exposing themselves personally to huge judgements or settlements.

This sounds like a great idea. The ATRRM really deserves a lot of credit for adapting to the ever-changing preservation environment and providing members with value for their membership dollars by offering useful services and information.

There are a host of issues relating to the holding of an historic artifact as a public trust. The terms of loans, trades, and other transfer arrangements between entities, the acceptance of gifts from donors, deaccessioning, and how all these transactions relate to each other.

Since an appreciable portion of preservation is contracted out to either professional contractors or semi-autonomous volunteer groups, a discussion outlining the terms of such arrangements may also be useful.

Would negotiating access to track on which to operate fall under this or is that considered more in the FRA realm?

The issues specific to youth volunteerism, as mentioned above, is an important one as well. State labor laws sometimes limit the ability of groups to accept youth volunteers because youth volunteer work is viewed through the same lens as youth paid work, especially with regards to age limits and possible exposure to occupational danger.

This only shows you how much the world has changed in the last 20 years. I spent most of my free time, from age 13-18 at the railroad museum near my hometown. I volunteered with a friend who was the same age. We'd get dropped off in the morning by one set of parents, and the other set would pick us up at the end of the day. My friend's dad would occasionally stay the day, as he was interested in what we did. My parents, not so much, but they were supportive and hauled me down there until we could drive.

I don't ever recall ever filling out paperwork, or having my parents fill something out. My oh my, have the times changed.

My situation was similar-I'd be dropped off and picked up. I ran my first summer season as trainman, working under senior Conductors. Made Conductor at the end of the season at age 16. I worked the next two years as Conductor on our railroad and as trainman on the Downtown Arrow (which ran on the NS). The year I turned 18, management told me I was going to run on the NS if I wanted to remain on paid staff, so I did. Never once had my parents on the property-they had full trust that the management ran a safe road.

Have you talked to anyone at HMBD..... and remember each state can be a bit different.

Bob H

MTM has a Boy Scout troup on the property, they do their Scout things and also do litter patrol, and other projects.

-Hudson

Older brake schedules. Someone asked the other day about who could perform COTS from a certified shop. The certification does not cover older brakes, and many theme parks and tourist railroads use K triples and the like. I have experienced refusal by management to send out a faulty valve for repair because they couldn't find a "certified" shop, and they feared legal action in the event of an accident. Instead, another valve was used as a replacement, but that is a cycle that can't go on forever.

I'll never forget a cab ride I got at TVRM when I was 11. I was asked to sign a waiver and even at that young and ignorant age, that seemed very odd to me (my folks were nowhere near and I latewr confirmed they weren't asked to sign anything). But of course I signed it as I wanted that cab ride!
I've always wondered how common stuff like that is where minors are put in potentially harmful situations without proper documentation for liability.

How about collections management and how loans and accessions are to be properly handled from a liability standpoint?
You could talk about legal stipulations for deaccessions, although this is more ethics related.
Possible some good information regarding the handling of bequests as well.

Steve

Another issue:

Disabled/handicapped/whatever-the-PC-term-is-this-week access issues.

And not just wheelchairs or walkers. Is there any reason for the deaf to be concerned? Can the blind, even assuming they don't show up alone, be accommodated? How much is enough?

And how should you handle what may be inevitable, a litigant seemingly looking for excuses to sue or "make an example" out of your place?

Good point Sandy... Most people realize the ADA places stipulizations on organizations regarding physical disabilities, but it also includes intellectual disabilities within its purview. It is also important to know which parts of the ADA apply to your particular organization. For example they apply differently to Steamtown than they do to Grand Canyon RR, and all are different from how they apply to the Berkshire Scenic Railway Museum. Why would the Act have different stipulations for each and how should they be interpreted.