Liability Training & Risk Management

23 March, 1997

This information is as per National Fire Protection Assn.(NFPA)code 1126 and according to Occupational Safety Hazard Adminstration (OSHA) publication #2201, General Industry Digest Regulations.
Incident rates for Theatre are not as bad as far as number of incidents as one might think. Those that are most prevelant are:

  1. Man-lifts (esp. with the safety defeated)
  2. Fall protection (usually due to lack of railings)
  3. Electricial Hazards
Liability (insurance and OSHA) - OSHA usually comes in only after an employee complaint or incident. Insurance companies usually recommend a pre-loss control program (i.e. a safety committee). Dr. Doom recommends one industry-wide. This means a Policy statement, requirements, self-inspection, and materials handling proceedures.
A serious violation caught by OSHA is a $70,000 fine ($90,000 for willful violations). OSHA regulations apply to the employer, not employees, or students. In a school district, safety policy must be followed by schools for the protection of employees and students. If the district doesn’t have a policy it can be generated at the individual campuses, but **Don’t write it if you’re not going to impliment it** If a plan exists but is not followed, it indicates willful disregard for safety, and could hurt in a potential lawsuit. In teaching it is the employers responsibility to hire “competant supervision” to CYA.

Parenthetical comment: (As of January 1, 1998 OSHA will require a fall protection system for ladders 8’ and over. These systems are to be independant of the ladders (i.e. lanyard to building).)

Dr.Doom says that his company has devoloped a risk management program for theaters, and a handbook of regulations that apply to theatre.

Questions:

How liable am I personally if someone gets hurt due to a decision I make? Mostly, liability goes up to the employer, unless the negligence was intentional.
What rights do I have to refuse to do something unsafe and still keep my job? That’s why there’s OSHA to come in, but it does not preclude retribution by your employer. Once notified, a safety hazard becomes a liability in a future incident unless addressed. Employee notification (with documentation) puts the employer on notice of hazards.
Does having safety info on-site add to liability? No it is an act of good faith to try to make safety info availabile. Contracts should spell out who is responsible for what (i.e. a touring company that brings in an effect that injures someone; the contract should spell out their liability and your defense.
How do we act in questionable situations? Is there a guide? See the Dr. Doom publications.
How do we approch following safety regulations and still do our jobs? Find the resources, and follow what you know, quoting the law.
Random Notes:
The most dangerous place in the shop is the Costume Shop. Between the 325 kinds of chemicals and the lack of ventilation it can be deadly.
The 1970 Steiger Act demands certain standards of documantation for safety (Maintenance logs, etc.)