OSHA Inspection: MGM GRAND HOTEL AND CASINO

Issued

Oct 18, 2013

Abate by

Nov 20, 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:
The MGM Grand Hotel and Casino is being cited as the Exposing Employer,
(under the Multi-
Employer Worksite Policy contained in CPL 02-00-124), because MGM Grand
employees are
exposed to hazards due to deficiencies in the Cirque du Soleil Fall
Protection Program as listed
below:
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.
1.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.
2.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.
3.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.
4.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 coordinate with the Cirque du Soleil Health and Safety
Managers to revise
their Fall Protection Program, separating the General Industry and
Construction standards
in accordance with the specific job tasks, and/or work areas the MGM Grand
Hotel and
Casino employees work in, and ensure that appropriate training is
conducted.

Issued

Oct 18, 2013

Abate by

Nov 20, 2013

Penalty

Initial $7,000