The Virginia Graeme Baker Pool and Spa Safety Act
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More About the Issue of Drowning

Background

more-issueDrowning is the number two accidental injury-related killer of children ages 1 to 14. There are approximately 260 drowning deaths of children younger than age 5 each year in the swimming pools, and an estimated 2,725 children are treated annually in hospital emergency rooms for pool submersion injuries, mostly in residential pools. 

In addition, the suction from drain outlets is strong enough to cause entrapment of hair or body parts. Thirty-three children ages 14 and under died from pool and spa entrapment between 1985 to 2004. During the same time period, nearly 100 children were injured as well. 

However, because entrapment is generally a little-known risk for drowning, it is possible that many drowning deaths have not been classified as entrapment and as a result, the number of fatalities could be much higher than reported.

Drowning Statistics

  • In the United States, drowning remains the second leading cause of accidental injury-related death among children ages 1 to 14.
  • There are approximately 260 drowning deaths of children younger than age 5 each year in swimming pools, and an estimated 2,725 children are treated annually in hospital emergency rooms for pool submersion injuries mostly in residential pools. 
  • As many as 20 percent of near-drowning survivors suffer severe, permanent neurological disability, the effects of which often result in long-lasting psychological and emotional trauma for the child, his or her family and their community. 
  • The majority of children who drown in swimming pools were last seen in the home, had been missing from sight for less than five minutes, and were in the care of one or both parents at the time of the drowning. 

Entrapment Statistics

  • From 1985 to 2004, records show that at least 33 children ages 14 and under died as a result of pool and spa entrapment, and nearly 100 children were seriously injured. 
  •  However, because entrapment is generally a little-known risk for drowning, it is possible that many drowning deaths have not been classified as entrapment and as a result, the number of fatalities could be much higher than reported. 
  • Entrapment deaths can also occur when a child’s hair or swimsuit gets tangled in the drain or on an underwater object, such as a ladder.  
  • Forty-one percent of the deaths were hair-related entrapments. 
  • Fifty-two percent of these fatalities occurred in spas or hot tubs, thirty-nine percent in swimming pools, and nine percent in combination pool/spas.

To prevent entrapment incidents, safeguards such as anti-entrapment drain covers and safety vacuum release systems (SVRS), should be installed on pools and spas. SVRS are emergency sensors that shut off the suction automatically if the drain is blocked.

Legislative Background

Sponsored by Senator Mark Pryor (D-AR) and Representative Debbie Wasserman Schultz (D-FL), the Virginia Graeme Baker Pool and Spa Safety Act (S. 1771 and H.R. 1721) is intended to increase the safety of swimming pools and spas by motivating states to pass laws that incorporate “layers of protection” in order to help prevent drowning and entrapment incidents. If enacted, the legislation would provide an incentive grant to states that pass such laws. 

The installation of “layers of protection”, such as anti-entrapment drain covers, safety vacuum release systems and barriers/fences, can effectively protect children from the potential dangers of swimming pools and spas. Enactment of the Virginia Graeme Baker Pool and Spa Safety Act would encourage states to pass laws that require these types of safeguards as well as support national and state drowning prevention education programs. 

The bill would also establish a safety standard for anti-entrapment drain covers. This would ensure that all drain covers available in the marketplace would conform to certain safety criteria.

S. 1771 was unanimously approved by the Senate Commerce, Science and Transportation Committee and is pending consideration by the full Senate. H.R. 1721 was approved by the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection and is awaiting consideration by the full Energy and Commerce Committee.

Safe Kids’ Position

Safe Kids is actively supporting both the Senate and House versions of the pending Virginia Graeme Baker Pool and Spa Safety. 

Enactment of these bills would provide an incentive to states to require these lifesaving measures as well as provide much needed public education on drowning, including the hidden hazard of drain entrapment. 

We believe that enactment of S. 1771 and H.R. 1721 will go a long way toward reducing the number of children affected by drowning

 Pool and Spa Safety

Water Water and Pool Safety Tips

Nancy's Story

Nancy Baker’s personal journey through pain began in 2002, when her 7-year-old daughter Graeme drowned after becoming trapped underwater by the suction of a spa drain.

Read More

Summary of the Law

Virginia Graeme Baker Pool and Spa Safety Act Summary of Provisions (December 2007) 

Enforcement of the Law

For information on the federal government’s enforcement of the law, as well as equipment resources for pool/spa owners, visit the U.S. Consumer Product Safety Commission’s website on the Virginia Graeme Baker Pool and Spa Safety Act.

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More Information

Tanya Chin Ross
Senior Public Policy Associate
tross@safekids.org
202-662-0600

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