FYI: Spider-Man OSHA Citations

[labricoleuse]

I promise I'll get back to original content soon, but this is another ACTS FACTS reprint because it's been discussed in every industry event i've been to all year, from cocktail parties to conferences. Reprinted in full with permission from ACTS FACTS, the Arts Crafts and Theatre Safety Newsletter, August 2011, Vol. 25, No. 08.

In response to inquiries, I'm publishing the Spider-Man citations. They are found under "8 Legged Productions, LLC" on OSHA's web site. All three "serious" citations carry proposed fines of $4500, $4500, and $3500 respectively. The first is under the General Duty clause (1910.5(a)(1)). It read:

The employer did not furnish employment and a place of employment which were free of recognized hazards that were caused or likely to cause death or serious physical harm to employees in that employees were exposed to the hazards of falls or being struck during flying routines when employees fell from an elevated platform and/or struck the stage because of improperly adjusted or unsecured safety harnesses: Foxwoods Theatre a.)On or about September 25, 2001, an employee was injured while performing an aerial routine when he struck the ground in front of the landing platform which was not in correct position in regard to rigging position, b.)On October 19, 2010, an employee was injured while performing an aerial routine when he struck the ground in front of the landing platform, c.) On December 20, 2010, an employee was injured when the employee fell from an elevated scene due to fall restraint system not being anchored properly. Among other methods, feasible and acceptable abatement methods to correct the hazards are to: Comply with Aerial Performers Part 41 of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the State of New York. Supplementing Part 41 of Title 12 by use of visual confirmation that the fall protection systems are properly attached and anchored and confirmation that the state props and platforms are set prior to allowing stage managers to give approval for the computerized controlled system to perform aerial acts. NOTE: NIN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 1903.19.0.

The second citation is under 1910.23(c)(1), Guarding floor and wall openings and holes, which requires guarding of all floors or platforms 4 feet or more above the floor or ground with a standard rail or "the equivalent." The equivalent measures usually allow theatrical producers a lot of options, as long as they can support their belief that their choice of fall protection measures will be as effective as a guard rail. ACTS FACTS has covered a number of similar citations at other theatres and it should remind us that elevated stages must be included in written fall protection programs.

The third citation is for the general requirements for personal protective equipment. This general rule could be used to cover the non-traditional fall protection equipment used at Spider-Man