Theatre Design & Technology - Spring 1996 - 52

WHO'S NOT COVERED?
Back when the Occupational Health and Safety Act of 19 0
was passed by congress, it was a pretty simple matter to
figure out if workers in your organization or business
were covered: federal OSHA regulations applied only to
the private sector and did not apply to federal, state and
10c.1.I government workers. So a lot of us who work in
state, county or local institutions were originally exempted. Workplaces not covered by OSHA included such
settings as state universities, county or municipal auditoriums, convention centers, and amphitheaters. (Self-employed individuals were also exemp~ and continue to be
exempt, because they are technically neither employers
nor employees.) Since 1970, thirty-one states plus Puerto
Rico and the Vrrgifl Islands have adopted legislation to
cover tlleir own state and local governmental employees
under health and safety regulations which meet or exceed
federal OSHA regulations. In 1995 congress passed legislation whic!I made federal employees subject to all federal
laws. This in effect, brought all federal employees under
the protection of OSHA. So, who's covered by health and
safety regulations equal to or exceeding OSHA Standards?-elJeJJ! employer and employee in the United
States except state and local government workers in the
nineteen states listed below.
1\venty-one states, plus two tenitories, have their
own federally approved occupational safety and health
plans covering all private and public employees: Alaska,

Arizona, Califomia, Hawaii, Indiana, Iowa, Kentucky,
MalJl/and, Micbigan, Minnesota, 'elJ({da, New Me.,-ico,
orth Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vennont, Virginia, Virgin Islands,
Washington, Wyoming. These states have their own agencies which perfonn all inspections, write citations, and
impose fines.
1\vo states, Connecticut and New York, have federally approved plans covering their public employees while
private sector employers and employees remain under the
jurisdiction of federal OSHA.
Eight states have non-federally approved plans covering their public employees: Colorado (state employees
only), Illinois, Maine, 'ew Hampshire, ew Jersey,
Obio, West Virginia (state employees only), Wisconsin.
The private sector is, of course, still covered by federal
OSHA in these states.
I ineteen states have no plan covering their public
sector employees: Alabama, Arkansas, Colorado, Dela-

ware, Florida, CeO/gia, Idaho, Kansas, Louisiana, Massacbusetfs, Mississippi, Missouri, Montana, ebraska,
ortb Dakota, PennsyllJ({nia, Rhode Island, South Dakota, Texas.
Source: American Federation o/State, County, and IfltnicipalEmployees.

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ers. Specifically, post the OSHA poster l
which states specific employee rights to
protection and procedures; the summary
of work-related illnesses, injuries, and
deaths; plus any citations that have been
received. 2

STEP TWO:
IDENTIFY AND DOCUMENT YO R
WORKPLACE HAZARDS
LEARJ~ THE REGUlATIONS: Although it's
not particularly an easy or enjoyable task,
check out the regulations yourself. Obtain the specific Code of Federal Regulations which is applicable to your
workplace. 29 CFR 1910 (Occupational
Safety and Health Standards) applies to
industrial workplaces and 29 CFR 1926
(Safety and Health Regulations for Construction) applies to workplaces where
construction is going on. Virtually all entertainment related workplaces are considered to be "industrial" and so are
covered by the 1910 rules. Note that even
building or fabricating scenery within a
shop or stage is considered industrial
manufactlll"ing rather tllan construction.
The prO\~sions of the 1926 construction
standard only apply if the work done
changes the actual occupational em~ron-
ment, such as building a temporary outdoor theater or converting a farmer's cow
pasture into a site for a music and art festival. The actual difference between
where the 1910 regulations for induslIy
and the 1926 regulations for construction regulations apply is not clearly defined, and inspectors will frequently cite
regulations promulgated in both places.

IDE TlFY WORKPLACE HAZARDS: As an
initial step in OSHA compliance, you must
perform a job hazard analysis. 3 (A workplace hazard is a condition or situation
where there is a potential to incur harm
including physical injllly, ilJness, or
death.) A job hazard analysis consists of
looking at each job or task performed in
the workplace and identi1)~ng all the hazards that a worker is exposed to while
performing that task. r hen making the
list of hazards, organized them either by
workplace area (scene shop, costume
shop, high steel, etc.), or according to
job classifications (carpenter, electrician,
stitcher, etc.).
Some hazards are obvious lUld easy

to identi1)/, while many others lli'e defined
in OSHA's regulations. Identi1)~ng the hazards which are defined by the letter of the
law poses tile greatest challenge. For instance, OSHA has defined a fall hazard as
worker exposure to a potential fall of six
feet or more to a lower sll1face. While
most entertainment industry employers
would easily identify an unrailed work
platform 50 feet above the deck as an obvious hazard to a worker near its edge,
those unaware of the "sh; foot rule" generally would not assume that an un railed
platform edge just eight feet above tile
stage is also a fall hazard, as defined by
OSHA. The point here is that identi1)~ng
specific hazards in the workplace demands fanliliarity with the regulations
and available literature. Without a thorough understanding of the regulations as
wrillen and as interpreted by OSHA and
by case law over tile yelli's, it is very easy
to be unaware of mllilY specific hazards
which may exist in your workplace.
IDE TIFY WORKER CONCERNS: Inteli/iew
supervisors and employees to find out
what facilities, equipment, machinery,
and work practices (such as excessive
overtime) cause them the most concern.
Ask if they have had any "near misses,"
that is to say, instances where they were
almost hurt, but managed to escape injury. Often times, the undocumented near
misses are more telling than the actual
accident records.
LOOK FOR ACCIDEI T PATTERNS: Check
your records of past accidents and near
misses. Look for recurrent pallerns-including accident pallerns tllat happen on
or near opening nights!
NETWORK WITH SIMlLAR ORGANIZATlO S: Find others who wiU share their
policies, programs, hazards list, etc. with
you. Especially good resources are other
theatres or entertainment venues llild, if
you work in a coUege or university setting, the Canlpus Occupational Safety Officer. Talk to your State Bureau of Labor
or Workers' Compensation Office (the
actual name varies (rom state to state).
They can provide written materials, training programs, and on-Site, no-penalty inspections. Organizations like United
States Institute for Theatre Technology
( SlIT), Entertainment Seli~ces and
Table of Contents for the Digital Edition of Theatre Design & Technology - Spring 1996
