California has adopted playground safety regulations. They are hidden in an unlikely place – Title 22 Social Services. Why California did not place it in Health & Safety Code is beyond comprehension.
California Title 22 Section 65745 addresses the issue of supervision by referring it to the CPSC Handbook Publication #325, Subsection 6.4. This particular section of the handbook does not address supervision ratios, so it is still left up to your judgment. As you are already well aware, a lack of supervision remains an adverse liability to a public entity and playground injuries are typically an everyday occurrence. We also know that supervision and maintenance issues lead to 84% of all playground injuries.
The issue of being “required” is still up for grabs and this is due to the way Subsection 6.4 was written. It basically states that if you choose to provide supervision then you need to do so in this manner. I guess you can choose not to provide it, but that is not going to win you any “Risk Manager of the Year” awards.
Don’t forget to check out our courses on playground supervision and playground maintenance.
Title 22 §65745. Supervision.
Operators who provide supervision shall do so in accordance with Section 6.4 of the CPSC Handbook.