image from www.dol.gov
OSHA is one of the lesser followed statutes on this blog. In a recent finding by the U.S. Department of Labor’s Occupational Safety and Health Administration, the agency investigated an accident which occurred at the Ringling Brothers and Barnum & Bailey Circus in Providence, Rhode Island this past spring. The accident occurred when a hanging apparatus failed and eight employees were injured after serious falls – – a ninth worker was injured by a falling employee. OSHA found that the circus had violated industry practice by overloading the apparatus. The citation is available here. From the DOL’s press release:
“OSHA has cited Feld Entertainment Inc., doing business as Ringling Bros. and Barnum & Bailey Circus, for one serious safety violation with a proposed penalty of $7,000, the maximum fine allowed by law. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. . .
‘This catastrophic failure by Ringling Bros. and Barnum & Bailey Circus clearly demonstrates that the circus industry needs a systematic design approach for the structures used in performances – approaches that are developed, evaluated and inspected by professional engineers,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “‘While the $7,000 penalty is the maximum allowable by law, we can never put a price on the impact this event had on these workers and their families. Employers must take steps to ensure this does not happen again.’”
This is certainly a very serious violation, and an important reminder of the critical role OSHA plays in the workplace.
— Joe Seiner