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Cal/OSHA Slaps Disney with $230K Fine

Tuesday, April 16, 2013

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Disneyland has temporarily shut down several rides after state regulators cited the 58-year-old California theme park for injuries to its maintenance contractors.

The Walt Disney Company faces $234,850 in proposed fines for seven safety citations issued Friday (April 12), after a contract worker performing building maintenance on the exterior of Space Mountain ride was seriously injured last November in a fall of more than 20 feet, according to the California Division of Occupational Safety and Health.

Space Mountain
Lyght / Wikimedia Commons

A worker cleaning the exterior of Space Mountain at Disneyland Park suffered broken bones after a 20- to 30-foot fall in November 2012. Park officials now face safety penalties stemming from the incident.

Cal/OSHA says the Anaheim, CA-based company failed to complete fall-protection reports, provide proper anchorages for contract employees, and adequately correct safety hazards on the exterior of Space Mountain.

The citations—three willful serious, one serious, one repeat, and  two general—led park officials to close Space Mountain and two other rides over the weekend “out of caution,” according to reports.

Suzi Brown, Disneyland Resort's director of media relations, said in an emailed statement late Tuesday (April 16): “We have received notification of the citations and are working with OSHA to fully review them.”

Space Mountain Accident

The Nov. 21, 2012, incident at Space Mountain spurred a five-month investigation.

A 37-year-old subcontractor was cleaning the exterior of the indoor roller coaster from a boatswain’s chair when he fell 20 to 30 feet down the building, according to Cal/OSHA.

State regulators say the employee fell when an unapproved anchorage point failed.

The worker, who was not identified in reports, reportedly suffered a broken leg and several other broken bones in the accident. He was an employee of HSG Inc., a building curtain wall cleaning and maintenance contractor in Southern California.

HSG Inc
HSG Inc.

The seriously injured worker was an employee of HSG Inc., a building curtain wall cleaning and maintenance contractor in Southern California.

“During the investigation, the Division learned that Disneyland Resort had completed ‘Fall Protection Assessment Reports’ in August of 2006 and failed to adequately correct these known fall hazards that existed on the exterior of Space Mountain,” Cal/OSHA said on its website.

Disneyland also failed to have approved anchorages or approved tie-backs for contract employees to attach to, when performing scheduled exterior building maintenance, the safety authorities said.

Ride Closures, Safety Commitment

In the wake of the Cal/OSHA citations, Disneyland Resorts shut down Space Mountain, Soarin’ over California, and the Matterhorn on Sunday (April 14). The Matterhorn has since reopened, reports say.

Brown told media outlets about the voluntary ride closures and said the company was committed to safety.

“We constantly strive to maintain a safe work environment for our cast members and contractors—and we are reviewing certain protocols,” Brown told CBS News. (Employees at the park are known as “cast members.”)

It is unknown how long the other park rides will remain closed.

Costly Penalties

Cal/OSHA issued Disneyland three willful-serious citations, each carrying a proposed fine of $70,000, for:

  • Failing to implement and maintain all the required elements of their Injury and Illness Prevention Program, including, but not limited to, correcting unsafe work condition and work practices;
  • Failing to provide guardrails on all open sides of unenclosed elevated work locations more than 30 inches above the floor, ground or other working areas of Space Mountain; and
  • Failing to have either a swinging gate or equivalent protection on exterior platforms with access provided by ladderway on Space Mountain.

Authorities also hit Disney with a serious accident-related citation, carrying a $22,500 penalty, for failing to provide independent anchorage for support lines and safety lines on Space Mountain.

Space Mountain
Alton / Wikimedia Commons

The Space Mountain indoor roller coaster was closed after Cal/OSHA issued citations.

Specifically, “Disneyland Resort allowed employees of HSG Inc. to connect support line(s) and safety line(s) to unapproved anchorages when they cleaned the exterior of Space Mountain from boatswain’s chairs and controlled descent apparatus,” the state agency said.

No Written Assurance, Procedures

CalOSHA says the building owner also failed to provide HSG Inc. written assurance that all of Space Mountain’s safety devices and equipment met regulations for all window cleaning operations before the work began.

In addition, the company did not have a "Operating Procedures and Outline Sheet" for the building as required by law, according to the state agency.

The general citation for those alleged hazards carries a $675 fine.

Disneyland was also issued a general citation, carrying a proposed fine of $450, for failing to ensure that written inspection and maintenance records for the HVAC system on the Space Mountain building were kept for at least five years.

Fire Extinguisher Issues

A repeat citation and a proposed fine of $1,000 were issued for failing to mount, locate and identify all portable fire extinguishers so that they were readily accessible to employees without subjecting them to possible injury.

Cal/OSHA also issued a general citation with a proposed fine of $225 to Disneyland Resorts for failing to ensure portable fire extinguishers in service had a current annual maintenance inspection check.

Fire extinguishers located on the exterior dome of Space Mountain had a last annual maintenance check of November 2006, Cal/OSHA said. Another fire extinguisher had no inspection tag or other indication that it had been annually checked.

Past Citations

In January 2011, Disneyland Resorts was issued seven "other-than-serious" and $2,600 in fines for workplace safety hazards, including those related to hazardous substances and processes, according to OSHA's database.

The Walt Disney Company d/b/a Disneyland Resorts has 15 days from the receipt of its citations to comply or contest the department's findings.

   

Tagged categories: Citations; Fall protection; Hazards; Health and safety; Maintenance programs

Comment from Catherine Brooks, (4/16/2013, 10:57 AM)

It is unfortunate that injury must occur before site visits happen to identify all kinds of violations to laws meant to protect workers. Bet these fines and 15 day compliance deadline wake up those considering only fast return to business as usual (highly profitable with millions visiting this playsite).


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