Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free of recognized hazards that were causing 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 Theater: a) On or about September 25, 2010, an employee was injured while performing an aerial routine when he struck a 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 the use of visual confirmation that the fall protection systems are properly attached and anchored and confirmation that the stage props and platforms are set prior to allowing stage managers to give approval for the computerized controlled system to perform aerial acts. NOTE: IN 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 CFR 1903.19.0