Thursday, June 7, 2012

Sandy Espinosa wrote about a tragic accident in Los Angeles where 21 year-old Jose Lucero Jr. fell to his death at the Gibson Amphitheatre at Universal Studios. (http://bit.ly/KkRYIO) As long as there are fatalities and accidents on the stage, we need to work harder to get better at protecting ourselves and the people around us. There is not enough information about this particular accident to take away any lessons from it, but in general, we need to know where and when to draw the line between safety and danger.

Alan Rowe, the training director at I.A.T.S.E. Local 728 in Burbank, gets the credit for hipping me to something called "imminent danger." In our industry, we always say "The show must go on." But if it can't go on safely, then it's not only your right, but it's your obligation to make it safe or stop the show. But what is "safe?" And where do you draw that proverbial line we mentioned?

The answer is in the definition of "imminent danger." According to the Occupational Safety and Health Act, the definition of imminent danger is ".....any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act." It goes on to spell out the criteria for an imminent danger and what to do about it:

"Requirements. The following conditions must be met before a hazard becomes an imminent danger:
There must be a threat of death or serious physical harm. 'Serious physical harm' means that a part of the body is damaged so severely that it cannot be used or cannot be used very well.

"For a health hazard there must be a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency. The harm caused by the health hazard does not have to happen immediately.

"The threat must be immediate or imminent. This means that you must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate the problem.
If an OSHA inspector believes that an imminent danger exists, the inspector must inform affected employees and the employer that he is recommending that OSHA take steps to stop the imminent danger.
OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger.

"Call (800) 321-OSHA immediately to report imminent dangers."

The expectation that you will go home to your loved ones each and every night is your right. That you will uphold the requirements in the OSH Act to remove or report imminent danger is your obligation. Have fun at your job but above all, be safe.

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