Text For Citation: 01 Item/Group: 002 Hazard: FALLING

Nevada Revised Statute 618.375(1): Duties of employers. Every employer shall furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his or her employees: 1.The Cirque du Soleil Illness and Injury Prevention Program, Resident Shows Division and Theater Shows Division, revised April 2011; in Chapter II, Training Manager Responsibilities, and in Chapter IX, Training and Instruction, required supervisors and heads of departments to give employees task-specific instructions and training. However, these requirements had not been met because not all employees had been trained in new duties in performances. Specifically, Battle Spearman Warrior #15 had not been properly trained (bypassed) in the following equipment and tasks in the Battle scene: a.Using the hand-held controller in the choreography of the scene and how to exit the scene safely. b.How to clip and unclip from a twist disk harness. Among other feasible and useful methods, one abatement method to correct this hazard would be to follow the company Illness and Injury Prevention Program and fully train and validate each performer in the hazards and movements of each new position and role assigned to that performer, and to ensure each performer has been properly trained and validated in the equipment they are to use. The employer is being cited as the Controlling, Creating, Exposing, and Correcting Employer under the Multi-Employer Worksite Policy contained in CPL 02-00-124. 2.The Cirque du Soleil Illness and Injury Prevention Program, Resident Shows Division and Theater Shows Division, revised April 2011; in Chapter II, Roles and Responsibilities, Health and Safety Programs (non-inclusive), required a 'Cirque du Soleil Fall Protection Program.' Some of the requirements of this program were not allowed by OSHA standards. a.Chapter 2, Fall Protection Policy, 2.1 Policy, Paragraph 5, page 6 - "Personal fall arrest systems are mandatory for all operations of 6 feet or greater, where there is no means of fall protection (except guardrails)." For the most part, theater work falls under 29 CFR 1910, General Industry, and not 29 CFR 1926, Construction. Fall protection is required at 4 feet in 29 CFR 1910.23. The reference to 6 feet is from 29 CFR 1926, Construction, and is not applicable to general industry. b.Chapter 4, Fall Protection Hazard Assessments (fall protection plan), Page 11, Fall Protection Locations: "Fall protection is required whenever the potential to fall 6 feet (1.8m) or more exists." For the most part, theater work falls under 29 CFR 1910, General Industry, and not 29 CFR 1926,Construction. Fall protection is required at 4 feet in 29 CFR 1910.23. The reference to 6 feet is from 29 CFR 1926, Construction, and is not applicable to general industry. c.Chapter 7, Safe Work Procedures, 7.3. Controlled Access Zones (CAZs), Page 19 - A CAZs cannot be used in General Industry. CAZs are only allowed in construction. For the most part, theater work falls under 29 CFR 1910, General Industry, and not 29 CFR 1926, Construction. CAZs are from 29 CFR 1926, Construction, and are not applicable to general industry. d.Chapter 7, Safe Work Procedures, 7.3.1, Technical Setting vs. rehearsal or performance setting, Controlled Access Zone and a Safety Monitor, Page 21. A controlled access zone (CAZ) and Safety Monitors cannot be used in General Industry. CAZs and safety monitors are only allowed in construction. For the most part, theater work falls under 29 CFR 1910, General Industry, not 29 CFR 1926, Construction. CAZs and Safety Monitors are from 29 CFR 1926, Construction, and are not applicable to general industry. Among other feasible and useful methods, one abatement method to correct this hazard would be to revise the Fall Protection Program, separating the General Industry and Construction standards in accordance with the specific job tasks and/or work areas the employees perform and work in, and conduct the appropriate training.