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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 975518.015 Citation: 01001 Issuance: 10/31/2014 ReportingID: 0112300

Viol Type:Serious NrInstances:1 Contest Date:11/21/2014
Abatement Date:06/16/2015 2 Nr Exposed:8 Final Order:05/26/2015
Initial Penalty: $7,000.00 REC:A Emphasis:
Current Penalty: $7,000.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 10/31/2014 $7,000.00 11/03/2014 Serious  
Penalty C: Contested 11/26/2014 $7,000.00 11/03/2014 Serious  
Penalty J: ALJ Decision 05/26/2015 $7,000.00 06/16/2015 Serious  

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

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 from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees, when performing an aerial act while attached to equipment that included a carabiner that was not loaded in accordance with the manufacturer's instructions, were exposed to falls of approximately 15 feet to in excess of 20 feet: Dunkin Donuts Center, Providence, RI: On or about May 4, 2014, eight employees performing the Ringling Brothers and Barnum & Bailey Circus "Hair Hang Act" were suspended by their hair and various pieces of hardware from a hexagonal steel frame apparatus from approximately 15 feet to in excess of 20 feet above the ground and were exposed to serious or fatal impact injuries from a fall hazard created when a carabiner, a component supporting the apparatus and the employees in the air, was loaded improperly. The top of the carabiner was held in the air by various pieces of hardware, a wire rope and a winch; two pear-shaped steel rings were attached to the bottom of the carabiner with each one having three wire cables running from it to 3 corners of the hexagonal apparatus, thus subjecting the carabiner to tri-axial loading rather than loading at only two points along the carabiner's major axis, as instructed by the manufacturer. Among other methods, one feasible means of abatement is to attach the two pear-shaped rings to a properly sized and rated shackle, instead of a carabiner, and have the entire system evaluated by a Professional Engineer for structural adequacy. Another acceptable method would be to have a Professional Engineer design the entire system, including the apparatus and all rigging, to ensure structural adequacy. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

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