EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of San Francisco Opera Association - decision after reconsideration

Employer was cited for a willful/general violation of section 3210(a) [guardrails on elevated locations] and a general violation of section 3214(a) [hand rails on stairs]. The Board found that the violations had been established, however, the violation of section 3210(a) was not willful. Employer was engaged in rehearsals for an upcoming live performance. Exception 13 to the cited sections excepts safety railings for areas used "for entertainment or presentation." When not presenting entertainment to an audience Exception 13 does not apply to the cited sections. The Board found that the Division did not establish that Employer intentionally violated the section or that unguarded auditorium sides of platforms are an "unsafe or hazardous condition." In addition, since the exception allows for entertainment or presentation without guardrails the unguarded sides of the platform are not an "unsafe or hazardous condition" that Employer had to make a "reasonable effort to eliminate."

San Francisco Opera Association, 00-3175 version

March 14, 2005