Fall Protection for Stages & Platforms

Monona Rossol
Arts, Crafts and Theater Safety
181 Thompson St., # 23 New York, NY 10012-2586
212/777-0062 E-MAIL:ACTSNYC@cs.com
© Monona Rossol, 9/7/11, revised: 2/26/13

REGULATIONS: Unfortunately, there are still people working in theater and film who think the
Occupational Safety & Health Administration (OSHA) fall protection regulations do not apply to
the performing arts. Actually, OSHA has two separate rules for fall protection that apply to theatrical
work: the construction industry standard and the general industry standard.
1. The construction industry standard for fall protection (1926.500-503) applies during
set building and erecting, setting of lights, and rigging. This rule requires that a fall
protection program must be instituted whenever conditions make it possible for workers to
fall a distance of six feet or more (except in California, where this distance is 7.5 feet).
Usually this means workers must be tied off and in a body harness. However, the employer
is allowed to use other methods if they are equivalent. Appendix E of this OSHA standard
provides a prototype program, which can be adapted by employers to meet the requirement
for a written program.
2. The general industry standard for fall protection (1910.23) applies when construction
is finished and performers and other regular employees are on site. Under the general
industry standard, fall protection is needed at four feet instead of six feet. (In California,
under some circumstances this fall distance is 30 inches. And for many building codes it is
30 inches.)
Rules for Harness & Anchorage. In the past, belts and sit/climbing harnesses (boson’s chairs)
were used for this kind of work. They now cannot be legally used for this purpose. Accidents showed
that belts can cause serious back injuries and even death when they break a person’s fall.

Today, a harness must be attached by a sliding D ring to a lanyard that has a shock absorber and is
tied off at an anchorage point. All components and connections, from anchorage to harness, must
be capable of withstanding five thousand pounds of tensile force (more than sufficient to stop a
heavy person falling at the end of a lanyard).

Experienced theater riggers will immediately see a problem with this rule. They know that many
theaters have loading bridges with rickety railings on the onstage side and nothing but a chain on the
offstage side. They have seen catwalks over the seating area where nothing within reach looks solid
enough for anchorage. And often balcony rails have lighting instruments on a pole in front of the
balcony rail that are accessed by workers hanging precariously over the rail.

These problems can be easily addressed by hiring engineers and rigging consultants to either guard
the locations or provide proper anchorage and worker training. An even better solution is to hire the
right consultants when the theater is being built or renovated so these problems never even occur.
Catwalks can be built with proper rails so that anchorage points won’t be needed and special kinds
of balcony rails and/or light poles can be provided that allow for safe access to instruments.

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Guard rail rules. One way to address fall hazards is to use guardrails. The precise height, location,
and strength of guardrails are described in 1926.501(b) or in 1910.23. Guard rails must be
constructed precisely as OSHA requires, since they are engineered to enable the top rail to withstand
a 200 pound force in all directions. The code provides information about construction of both metal
and wooden rails. The description of the wooden rail is:
(1910.23(e)(3)(i) For wood railings, the posts shall be of at least 2-inch by 4-inch stock
spaced not to exceed 6 feet; the top and intermediate rails shall be of at least 2-inch by 4-
inch stock. If top rail is made of two right-angle pieces of 1-inch by 4-inch stock, posts may
be spaced on 8-foot centers, with 2-inch by 4-inch intermediate rail.
If people can walk under the railed platform, a 4 inch toe board is required under the railings to keep
people accidentally kicking or dropping items onto people below.
For certain types of unguarded elevated platforms, OSHA allows special restraint systems that will
keep workers away from the edges of the platform (see 1926.502(f) to (h)). This is one application
for which a belt can be used since there is no possibility of falling when the belt and line are used
as a restraint.

Stair rails rules. Hand rails must be provided for every flight of stairs having four or more risers.
The rule, found in 1910.24(d)(1), says the rails must withstand 200 pounds of force in all directions,
and be 30 to 34 inches from the forward surface of the tread. So the typical four or five step portable
stair units traditionally used in theater cannot be used unless they are redesigned with rails.

Nets. Safety net systems are described in 1926.501(c) and they can be especially useful under stage
traps or over orchestra pits. However, these are complicated items that theatrical companies
probably should not try to make themselves. One company that provides custom woven, fire-proof,
properly anchored, OSHA-compliant pit nets is called InCord (see Sources on Page 7) and I have
personally seen a number of InCord nets that have been installed in theaters
Pit nets are especially useful for stages in schools where amateurs may be at risk or where stunts or
acrobatics may put orchestra members as well as performers at risk. For example, a net was installed
over the orchestra after a young new super fell into the pit during the Metropolitan Opera’s opening
night of Prokoviev's War and Peace in 2002.

The Stage: A Special Problem. It has been traditional to consider the front lip of stages as exempt
from any codes or rules. But in a January 28, 1997, letter of interpretation entitled, “Fall protection
for the entertainment industry under the OSHA Act of 1970,” OSHA said the following:
OSHA is concerned with the safety and health of all workers in the entertainment industry.
Although OSHA recognizes it is not appropriate to put guardrails at the edge of stages,
theatrical employees need to be protected from all occupational safety and health hazards.
The fall protection standards for general industry (found in Subpart D of 29 CFR at 1910.21
through 1910.32) as well as the personal protective equipment standards (found in Subpart
I of 29 CFR at 1910.132 through 138) are the appropriate standards for your situation.*
footnote: * http://www.osha-slc.gov/OshDoc/Interp_data/l19970128.html

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This letter was confusing to many in the theatrical and entertainment industry. But it seems clear
from reading the referenced regulations that OSHA requires the employers of people who work on
stages to have a written fall protection program that includes the front lip of the stage. This plan
should have procedures that could be considered the equivalent to a rail or harness.

CalOSHA CITATIONS. As usual, the State of California’s equivalent of OSHA (CalOSHA) was
the first to act. In 1999, after an inspection of a stage set created by a famous designer for the San
Francisco Opera, an inspector cited the Opera for fall protection violations. The set had stairs and
ramps over 30 inches from the deck without stair rails and it had an unguarded platform from which
performers could fall more than 4 feet. The Opera appealed the decision and was heard by a Board
Administrative Law Judge on November 15, 2001. In this appeal, the Opera argued that putting
railings on a set designed by David Hockney would be like drawing a line through the Mona Lisa!
The ALJ denied the Opera's appeal and upheld the citations and fines, responding:
To find that the Opera has the right to imperil its choristers in order to avoid making any
alteration to a David Hockney set would require the Board to find that an artistic work has more
value than the safety of California’s employees.
Besides, the Opera could certainly install temporary guardrails and handrails to the set for
staging rehearsals. The rails could be removed once the set is transferred to the Opera House
for final dress rehearsals and performances. A paying audience would never have to know that
the set had ever been encumbered with fall protection.

On April 19, 2002, the Opera again petitioned for reconsideration. This final appeal was also lost
on this point. In fact, the Opera would have done better to accept the first appeal decision in which
the guard rails could be taken off for rehearsals. Instead, the Administrative Law Judge in the final
appeal decided that the exception to guarding applied:
....only to "the auditorium side of a stage, raised platforms, and other raised floor areas such
as runways, ramps, and side stages" while they are being used to present an opera or other
entertainment to an audience it was intended and prepared to entertain.

This means the rails and guards can only be removed during actual performances before an audience.
And it is clear that it doesn’t apply only to sets but to the auditorium side of the stage.

SIX FEDERAL CITATIONS:

CITATIONS #1. In 2007, the federal OSHA became interested in an accident at the Fox Theater
in Atlanta, Georgia, in which a 17-year-old high school student dancer in a production of the
Nutcracker fell 12 feet into the orchestra pit sustaining serious spinal injuries. OSHA could not
pursue the dancer’s accident because she was not an employee, only a volunteer. However an
inspector attending a subsequent performance recorded incidents in which professional employed
dancers were coming closer than 6 feet to the edge of the stage in violation of fall protection rules.
OSHA cited the Ballet for failure to protect their dancers and proposed a $3500 fine.
The Atlanta Ballet contested the citation. I was retained as an expert by the US Department of Labor
to defend OSHA in this matter. I was deposed and subsequently ( February 6, 2009), OSHA
withdrew the fine pending compliance with a settlement stipulating that the Ballet will:

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 (a) include the following language in its Dancer’s Handbook, under the title “Rehearsals/Safety
Measures: “One of the most important aspects to being a professional dancer is to be aware of
where you are on the stage, which serves as a safety measure. Prior to moving onto the stage
dancers will rehearse for weeks, sometimes months in large productions, with regards to their
spacing and responsibilities on the stage. The floors in the studio will be marked with tape or
other marks that correlate to the lights at the stage’s edge. Dancers will be well versed in center
and quarter marks and where they need to be at any given time in the choreography and musical
cues. Dancers will also be taught what wing to align with and where the boundaries are with
regards to the downstage edge of the stage and where the upstage drop will be placed. Dancers
will be required to work [rehearse] in costumes if they are different from normal dance attire.”
In other words, the dancers must arrive at the theater having rehearsed for weeks or months in a hall
marked off to the exact dimensions of the stage. They must also tape the stage to correlate with the
lights at the stage’s edge and other features in the wings which with to orient themselves.
The settlement also included a part (b) that required the Ballet to investigate using additional LED
lights at the lip of the stage to insure dancers were always aware of the location of the edge even out
of peripheral vision while dancing.
However, the Atlanta Ballet is a traveling company that has no authority to demand fall protection
guards or rails be installed in the various theater they rent. If the company actually owned or run the
theater, more could be asked of them–as the next citations made clear.

CITATION #2. The next OSHA citation occurred in August of 2010 after an investigation of
the death of a killer whale trainer at SeaWorld in Orlando, Florida. OSHA cited SeaWorld for the
conditions leading to the trainer’s death plus a citation of 1910.23(d)(1)(iii) for failing to have stair
rails on the bridges and stairs leading to the stage platform. See the full story on the next page.

CITATION #3. In a December 2010 press release, OSHA announced it was proposing $51,000
in fines against the David H. Koch Theater in New York’s Lincoln Center for several violations
including:
OSHA ... found that, due to a lack of guarding, theater employees were exposed to falls into the
orchestra pit when the stage was raised above the pit, and to being struck or crushed by the
stage when it descended into the pit.

CITATION #4. In March of 2011, OSHA cited the Broadway production of “Spider-Man Turn
Off the Dark.” The citation was for four incidents on September 25, October 19, November 28 and
December 20 of 2010 that resulted in injuries to cast members. These incidents involved violations
of three serious standards.
The first Spider-Man citation is under the General Duty clause (1910.5(a)(1)). It reads:
The employer did not furnish employment and a place of employment which were free of
recognized hazards that were caused or likely to cause death or serious physical harm to
employees in that employees were exposed to the hazards of falls or being struck during flying
routines when employees fell from an elevated platform and/or struck the stage because of
improperly adjusted or unsecured safety harnesses......
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The second Spider-Man citation is under 1910.23(c)(1), Guarding floor and wall openings and
holes, which requires guarding of all floors or platforms 4 feet or more above the floor or ground
with a standard rail or “the equivalent.” After settlement, they paid $4500.
The third Spider-Man citation is for general requirements for personal protective equipment. This
citation may be related to the non-traditional fall protection equipment used at Spider-man.

CITATIONS #5 & #6. On October 25, 2011 at “America’s Got Talent,” a TV show filmed by AEG
Live in Las Vegas, a stagehand fell 12 feet into a stage pit shattering his right leg and ankle. The
State OSHA cited AEG under 1910.23(c)(1), fined them $7,600 and reduced it to $5,760.
Then on November 19, 2012, another AEG Live stagehand working the Shania Twain show at
Caesar's Palace fell 30 feet breaking his arm, herniating cervical discs and causing brain swelling that
is affecting vision in his right eye. OSHA is beginning an investigation. If the accident is classified
as a repeat and willful violation, the fine could be more substantial.

THE BATTLE OF SEAWORLD CONTINUES

On August 23, SeaWorld of Florida LLC was assessed $75,000 in penalties proposed by the
Occupational Safety and Health Administration. The citations were issued after an OSHA inspection
was triggered by the death of an animal trainer. The three citations were: a willful violation of the
general duty to provide protection from recognized hazards (Section 5(a)(1)); a serious violation for
exposing workers to a fall hazard on the bridges leading to the stage platform; and an other-than-
serious violation for failing to equip outdoor electrical receptacles with weatherproof enclosures.
SeaWorld contested the citation. On June 11, 2012, Ken S. Welsch, a federal administrative law
judge for the Occupational Safety and Health Review Commission, released his decision. The
electrical citation had been dropped and the General Duty citation for the death was reduced from
Wilful to Serious which dropped the penalty from $70,000 to $7,000. But the serious violation for
exposing workers to a fall hazard on the bridges and stairs leading to the stage platform
(1910.23(d)(1)(iii)) and the $5,000 fine were upheld.
SeaWorld’s lawyer argued that these violations should be de minimis since OSHA proposed
exempting entertainment stages from guardrail rules in their Field Operations Manual (75 Fed. Reg.
28861-29175, May 24, 2010). But Welsch wrote that the Manual “creates no binding authority and
holds no precedent for the Commission.” He ruled:
.... The gravity of the violation is high. Employees were required to go up and down the
stairways on a regular basis while carrying up to 60 pounds of fish. If an employee slipped or
stumbled, the employee did not have a stair railing to prevent a fall over the edge of the
stairway. If the employee avoided landing in the water, he or she was at risk for serious injuries,
including broken bones. Landing in the water could potentially expose the employee to a greater
risk. In 1991 at Sealand of the Pacific, trainer K.B. slipped and fell into a sea pen in which three
killer whales, including Tilikum [the same orca that killed Dawn Brancheau], were kept. The
killer whales prevented her from exiting the pool, resulting in her eventual death.
This decision leaves venues no further defense for unguarded platform and stage fall hazards.
SeaWorld has appealed this and the decision not to forbid trainer contact with Orcas. The appeal was
denied. Their next recourse is to a Federal Appellate Court. At this time, OSHA has filed a petition
to force SeaWorld to comply with subpoenas they ignored to allow them to interview three managers.

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Summary. All of the OSHA actions above going back to the Atlanta Ballet in 2007 and the
CalOSHA citations beginning in 1999 should make it clear that the fall protection regulations do
indeed apply to stages and platforms on stage. All stairs of four or more risers and ramps 30 inches
high or higher leading to stages be rails and that all stage platforms from which a fall of 4 feet or
more could occur require a fall protection program on the part of the employer. The program can
consist of a number of precautions, the best being standard guards and rails. But there are other
methods that can be used as long as they are considered “equivalent” to the standard guard and rail.
Rails can be removed after actors are blocked, workers can wear fall protection gear, and so on.
However, another OSHA practice is to allow personal protective equipment only when the hazard
cannot be engineered out of existence. And in this case, it is possible to use rails in most cases.
Other options are available including an orchestra pit net, a hard cover over the pit whenever not in
use, a barrier or line to keep people six feet from the lip, a ghost light to help illuminate the opening,
a spotter or attendant near the edge to monitor those coming too close during performance or
rehearsal, LED lights and phosphorescent tape or a combination of several of these measures. The
only option that is no longer acceptable is to do nothing. And all options also require employers
to have written fall protection programs.

A RELATED ISSUE: BALCONY RAILS. Many architects and theater consults appear to rely
only on applicable building codes. For example, the National Fire Protection Association’s Life
Safety 101 for new theaters requires that the balcony rail be at least 26 inches high. But CalOSHA
and OSHA regulations to not permit workers, such as lighting technicians, cleaners or maintenance
workers, to work next to a 26 inch guard rail. CalOSHA code requires theater balcony rails to be
at least 35 inches high. The federal OSHA, which has no specific theater balcony regulations,
requires this rail to be 42 inches high. Clearly, this would block sightlines for the audience.
There are many solutions to this problem. Some of them include:
* a pull-up metal rail inside the wider balcony rail that can be extended to 42 inches
* a hinged rail that is swung up into place when work is occurring around the rail
* a section of thick tempered glass projecting above the rail to 42 inches
* increasing the width of the rail to over three feet so it is no longer a rail but a structural
element. This last solution can also be used to house light instruments so they can be
accessed from under the rail without the need for fall protection.
Without one of these guarding methods or some other method of protection accepted by OSHA, a
5000 pound anchorage track must be installed and all of the theater workers trained in fall protection.
This system also must be installed if the balcony rail has a light pole on the stage side for lighting
instruments that isn’t accessed from below.
Clearly, the architectural modifications of balcony rails are less expensive in the long run than setting
up a fall protection program with all the required equipment and training. It is unreasonable to ask
theater owners to train and equip their cleaning crews with OSHA fall protection gear. And in fact,
OSHA expects employers to choose strategies that do not require personal protective equipment
when there is a feasible to find an way to engineer the hazard away. And it is feasible.

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DROP IN AND RISER RAILS
Temporary rails consist of metal holders in the stage with a cover plate when they are not in use.
When needed, they are flipped open and the rail system is dropped in. Other types of rails drop into
holders attached to the edge of the fall hazard. The drop in rails are needed on the lip of the stage
during rehearsals or when non-theatrical events such as award presentations or lectures are occurring.
Riser rails. Choir risers also need rails. They need back rails and even side rails and if they are
stacked higher than the four stairs or 76 inches that require guard rails under the OSHA regulations.
All risers used with children's productions need rails regardless of height.

Sources of Risers and Rails

Wenger Corporation, 555 Park Drive, Owatonna, MN 55060-4940, 800/733-0393. Makes a riser
with an optional back rail.
Alvin Industrial Sales, 416/507-4933. Provides pipe and tube clamps, rail fittings, flanges,
ground socket flanges and all gear for temporary rails for risers and stages.
Kee Safety, P.O. Box 207, Buffalo NY 14225 www.keeklampfittings.com, Provides Kee clamps
and pipes to construct many types of stage hardware.

StageRight Corp 800438-4499 located in Lewes Delaware

Stage Drops, in Flushing NY 718/358-0834
Stageworks, Little Rock AR 800/888-1224 - makes risers with rail systems
Staging Concepts, 7008 Northland Drive, Suite 150, Minneapolis, MN 55428, 800/377-5339.
Provides risers with rail systems

Source of Orchestra Nets

InCord, 226 Upton Road, Colchester CT 06415,860-537-1414.
Info: www.InCord.com E-mail: Netting@incord.com This company provides custom woven,
fire-proof, OSHA-compliant pit nets.

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