OSHA Inspection: CIRQUE DU SOLEIL NEVADA, INC.

Issued

Oct 21, 2013

Abate by

Nov 23, 2013

Penalty

Initial $7,000

General-duty citation text

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.

Issued

Oct 21, 2013

Abate by

Nov 23, 2013

Penalty

Initial $7,000

Issued

Oct 21, 2013

Abate by

Nov 23, 2013

Penalty

Initial $1,100

Issued

Oct 21, 2013

Abate by

Oct 24, 2013

Penalty

Initial $935