# Laws that govern community theatre rigging



## metti (Sep 15, 2010)

My little brother is in a community theatre production of Charlie and the Chocolate Factory and he came home from rehearsal today and told me that they have decided to fly Charlie and Grandpa Joe during the scene when they are in the bubble room or something. Anyway, he said they are "only" going to be a few feet off the ground. I have worked with this theatre enough times in the past to know with absolute certainty that they don't have anything approaching a decent knowledge of rigging and that they are not going to be bringing in someone who does. My guess is that they are going to do something along the lines of a rope (not wire rope, just hemp) pick from the grid or maybe a batten (which is a sickening thought given their counterweight system's disrepair) and probably attach it to the back of a cheap climbing harness or something. I am incredibly uncomfortable with this prospect. In the past I have managed to stop them from doing some unsafe rigging (flying speakers over the audience by hanging them from ropes looped through the handles) and I would like to try and prevent an accident from happening. I'm not sure I could live with myself if I don't do something and some little 12 year old gets hurt or killed. Anyway, if this was professional theatre I could dig up some OSHA guidelines that prevent this without too much trouble but since this isn't professional I was wondering if there are some other laws that I could show them to back up my case. I don't specifically know the TD on this show so I would like to be able to do more than tell him to trust me on this one. Any help would be MUCH appreciated.


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## Footer (Sep 15, 2010)

No, its not really an OSHA thing, its a liability thing. You could report them to your local building inspector or fire marshal and see if that gets anywhere. Before you go slinging arrows though, take a stop by the theatre and ask some questions. Go in and seem interested that they are flying people and ask them how they are doing it. Don't come off as threatening or prodding. With that info you can then come back with what they SHOULD do (not do it or hire someone). A bit of talking can go a long way.


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## metti (Sep 15, 2010)

Footer said:


> No, its not really an OSHA thing, its a liability thing. You could report them to your local building inspector or fire marshal and see if that gets anywhere. Before you go slinging arrows though, take a stop by the theatre and ask some questions. Go in and seem interested that they are flying people and ask them how they are doing it. Don't come off as threatening or prodding. With that info you can then come back with what they SHOULD do (not do it or hire someone). A bit of talking can go a long way.



I know it's not an OSHA thing which is unfortunate since I think that laws are a little more tangible for untrained volunteers than liability. Just to clarify, my intention isn't to go threaten them. I honestly think that they don't realize how dumb this (and there myriad other rigging schemes) are and I just wanted as much evidence as possible to use during out discussion. If this was a school it would be easy since in my experience, schools are extremely concerned about liability whereas, in my numerous past dealings at least, this community theatre doesn't really seem to care. In the past, at times, I have showed them ways to fix something that is very unsafe and they have ignored me because they didn't want to spend the one to two hundred dollars that the parts would cost (I even offered free labor in many instances).


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## DuckJordan (Sep 16, 2010)

Actually OSHA does cover part of this they say in most of their clauses and laws that any person working in an environment that could be considered harmful has the full book of OSHA behind them. I think i read it as "Any worker, Paid or Unpaid, Including but not limited to employee, volunteer [this would be the community theater actor or technician], or student/intern. So while OSHA stands for Occupation Safety and Health Administration it still covers those not covered by company benefits. Not to mention if you talked with the safety service in your area anyone with any experience involving OSHA guidelines would find a way to shut the production down for making unsafe practices.


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## jwl868 (Sep 16, 2010)

Perhaps the above quote was for a local administration or government authority. 

The US OSH law and regulations are specifically applicable only to private industry employees and employers. If you are not in that category, then US OSH cannot help you. There may be State laws and regulations that include you, but don’t count on it. OSHA is a labor law, not an environmental law or a public health law. 

If you are a student, I would expect that either some legal standard of safety, school policy, or “mission statement” protects you at school (Maybe the state Department of Education laws and regulations provide for a safe environment for students). (If you are a student paid by a private school or paid by a public school in a State where public employees are covered under OSHA, then I think you are covered by OSHA.) 

If you are a volunteer (that is, no compensation), you are not an employee and you are on your own. 

In any case, anyone can use the OSHA regulations and guidance documents for their own sake. There is just no agency enforcement.

Below are excerpts from 29 Code of Federal Regulations:

1910.5(a)
Applicability of standards.

Except as provided in paragraph (b) of this section, the standards contained in this part shall apply with respect to employments performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone.

Definitions
1910.2(c) 
"Employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State;

1910.2(d) 
"Employee" means an employee of an employer who is employed in a business of his employer which affects commerce;


Also, the following old thread discusses one tragedy of non-professional flying, but I think many of the thread’s links to the news stories are dead and it might take a little searching to relocate them. (Your theatre may argue that their performers won’t be that high, but a fall from any height can cause significant injuries. The OSHA general industry requirement for fall protection starts at 4 feet. [29 CFR 1910.23 [Guarding floor and wall openings and holes], (c) Protection of open-sided floors, platforms, and runways.)

http://www.controlbooth.com/forums/news/10362-actor-christmas-pageant-dies-after-25-foot-fall.html

Joe


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## metti (Sep 17, 2010)

Thanks for the thoughts all. I'm going to go touch base with them sometime in the next week or two and I'll report back so we know whether or not we should have an ambulance idling outside during the show.


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