• Violation

  R 400.8170 · 1 R 400.8170 Outdoor play area. (11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and shall keep it on file at the center.

  I completed an on-site inspection on 02/24/2023. Prior to entering the building, I observed the outdoor play area. In addition to commercial outdoor play equipment, the outdoor play area had residential play equipment including a climbing structure with a slide, and a teeter totter. I observed a residential climbing structure that appeared to be missing a slide, pulled off the outdoor play area, next to the building. During the on-site inspection, I interviewed program director, Megan Rosema, licensee designee, Stephanie Callow, CCSM 1 and CCSM 2. Ms. Rosema was present on 02/08/2023, the day Child A received an injury. Child A fell off a Little Tykes play structure, after Child A was pushed off by Child B. Child A fell off the ladder side of the play structure. Ms. Rosema did not see the incident 2 happen. However, she was outside when the incident occurred and observed CCSM 1 assist Child A into the office so that Child A's injury could be further assessed. CCSM 2 was also outside at the time of the incident. Child A was assisted by CCSM 3 and a school administrator once inside the school. CCSM 3 contacted Child A's Father, who picked Child A up to have her injury assessed by a medical professional. Ms. Rosema learned the next day that Child A had broken her wrist as a result of falling off the climbing structure. That play structure has since been pulled off the playground area. Ms. Rosema estimates that the play structure has been on the playground for approximately a year or two. CCSM 1 confirmed that she was also watching children outside on 02/08/2023. CCSM 1 did not see Child A get pushed but saw Child A fall. After falling, Child A began to cry and CCSM 1 went over to comfort her, before Child A was brought into the office. CCSM 2 was also outside with the children when Child A fell off the slide. CCSM 2 did not witness Child A falling, but after talking to the children both Child A and Child B acknowledged that Child B pushed Child A off the slide. After the injury occurred, child care staff members brought Child A into the office to get further treatment. Child A was picked up by her parent that day but was back in attendance the next day. CCSM 2 estimates that the play structure that Child A fell from has been on the playground since approximately April 2022. Note: An incident report documenting the details of the injury was submitted to the department on 02/08/2023 by licensee designee Stephanie Callow. Ms. Callow was made aware of the incident involving Child A but was not a witness to it. I explained to Ms. Callow that the Little Tykes climbing play equipment is considered residential play equipment and cannot be used on the center's playground. I reviewed that any time new playground equipment is added, it needs to be inspected by a playground inspector and the inspection report provided to the department. The last playground inspection provided to the department was from 2009, and that inspection does not include Little Tykes equipment on it, nor is that equipment approved. Ms. Callow stated that she recalls them having a playground inspection completed approximately one year ago, although she was unsure if it was before or after the Little Tykes equipment was added. She agreed to contact maintenance and get a copy of the report. However, if that equipment was not approved on the inspection report, she would ensure that equipment was removed from the outdoor play area. I confirmed that non-climbing residential play equipment is approved for use on the playground, such as picnic tables and play houses, as long as there are no elevated play surfaces, and it is being used according to manufacturer's recommendations. On 02/24/2023, Ms. Callow followed up by email stating that although they had requested a playground inspection be completed, ultimately one was never completed. 3 On 02/28/2023, I received a follow up email response from Ms. Callow where a staff member confirmed that the slide was not attached to the

Child A (female, age 3) broke her wrist after falling off unapproved outdoor play equipment.

Disposition: Substantiated