Safety Raid at DLR. Could it happen here?

[fosse76]

Sorry, but that's not true to wit:

"Florida has some of the toughest rules in the country when it comes to the inspection and monitoring of carnivals and small amusement parks, experts say. But a loophole in state law exempts Florida's theme parks from those rules, which include government inspections.

OSHA is the Occupational Safety and Health Administration and has jurisdiction over ALL businesses with employees. Including theme parks.

After a series of tragic theme-park accidents across the country in the late 1990s, Disney World, Universal and SeaWorld agreed to let state inspectors visit their properties in October 1999. Officials with the Fair Rides Inspection Bureau said those site visits gave them "a reasonable degree of confidence" in the parks' rides.

That is a completely different agency. The theory is that these companies don't need such regulations because they are such high profile businesses and have so much money on the line, they would be able to effectively regulate themselves. However, businesses prove over and over again that once de-regulated, they are incapable of effective self regulation (I'm looking at you, airlines...you too, banks. And I haven't forgotten about you, Enron!).

Disney, Universal and SeaWorld later entered into a "memorandum of understanding" with the rides-inspection bureau to begin voluntarily reporting accidents that result in serious injury. The agreement defines a serious injury as one requiring "immediate admission and hospitalization in excess of 24 hours for purposes other than medical observation."

http://www.birket.com/articles/135

Again, that's not relevant for employees under OSHA. I think the real problem, which was seen during the monorail tragedy, is how toothless Florida's version of OSHA is. If I recall the fines weren't that high.

 

[fosse76]

I forget which agency called them on it, but there was a beautifully designed part of the ride where the car comes outside briefly.

It had been that way for decades without any incident. They forced them to put safety railings.
Luckily, I was able to ride it about 2 months prior to the "modification"

The same thing was said about the monorail. The old cliche that you are only as strong as your weakest point remains true. Just because something hasn't happened doesn't make it safe. And those railings were added because there was no prescribed method to prevent employees (not to mention guest who need to be evacuated) from slipping and falling 12 feet to the ground. Those ugly railings were Disney's half-baked solution. But who cares if any workers are injured, right?

 

[fosse76]

I must say I do think part of blame falls on the contractor... I do not know the full story, but in various times I have personal experience where contractors don't do what you want or even follow any legal safety precautions.

That's where OSHA comes in. Clearly, Disney didn't provide the necessary safety precautions. It is absolutely Disney's fault. Even if this guy had been drunk and staggering all over, Disney was found to be at fault for failur to provide the proper equipment to prevent these specific injuries.

Since it does seem like Disney failed to fix these known issues with fall arrest and documentation; why did the 'sub keep working? If the correct paperwork and safety was not provided, why did the sub even walk out onto the roof?

What makes you think he knew the requirements of the employer? In most instances, employees do not know what is required of their employers until after the fact. Back when I worked at Six Flags, I had no idea that it was actually illegal for them to dictate that I stay on property for my break (under the law, break time is personal time, and employers cannot dictate how it is spent). Companies rely on ignorance. That's why you have those basic "rights of the workplace" posters on the walls in every break room of every company with a business license: to prevent abuse.

My guess is in this climate everyone is so competitive for work they turned a blind eye, did the work and to not cause any problems so they would get more contracts... Unfortunately disney is the final owner and employer so the liability is on them. Sometimes people with just common sense are worth their weight in gold... on both sides.

You are making a presumption that the initial incident which precipitated this was due to negligence on the part of the worker. Even if that were true, injuries could have been minimized or avoided if Disney had, you know, FOLLOWED THE LAW!!! Accidents happen, and many are foreseeable. It's the employer's responsibility to not only make sure all employees are following procedures, but to provide adequate protections.

 

[fosse76]

How about when rock work or other heavy objects might fall on employees or guests? Would Reedy Creek shut down an attraction then???...because they didn't. And, I'm sorry, if there's risk enough for Disney to put up net or canopy barriers (that really offer very little protection) why have they not been scrutinized closer? Lets face it, if Disney wasn't there what would Reedy Creek be? Answer: non-existent.

Well, you said it in your answer...OSHA didn't have to shut it down because Disney, almost IMMEDIATELY, installed the nets. People like to pit the blame of the ugly railings on Alice and Wonderland and the nets under the Tree of Life and Splash Mountain all at OSHA and trial lawyers' feet, but DISNEY DECIDED how they were going to fix it. They could have done many different things to resolve the issues, but they chose the cheapest. No one seems to ever blame Disney for these decisions.

I have a hard time believing it took 6 or 7 years for DOSH to decide it was time to slap DL on the hand for not making corrections. Where have they been all these years??? Smells a little fishy to me.

They kept warning them, as has been said. You nor I know what Disney has told them in those inspections that has prevented them in the past for fining them.[/quote]

 

[Nubs70]

Well, you said it in your answer...OSHA didn't have to shut it down because Disney, almost IMMEDIATELY, installed the nets. People like to pit the blame of the ugly railings on Alice and Wonderland and the nets under the Tree of Life and Splash Mountain all at OSHA and trial lawyers' feet, but DISNEY DECIDED how they were going to fix it. They could have done many different things to resolve the issues, but they chose the cheapest. No one seems to ever blame Disney for these decisions.


They kept warning them, as has been said. You nor I know what Disney has told them in those inspections that has prevented them in the past for fining them.

[/quote]

OSHA dictates at what height off the ground requires passive (guardrails)/active (harness & restraint) fall protection. In the case of guardrails, OSHA dictates the top bar height, middle bar height, and toe kick height. As long as Disney's solution meets OSHA requirements, Disney is free to develop a solution of whatever degree of optical delight.

 

[Gabe1]

Gotcha. Sorry for the misunderstanding.

DLR has the disadvantage of being in the state of California, which is broker than broke. I'm sure OSHA is on a rampage there, since they can generate some of the easiest revenue for a state.

I hope you are teasing.

Disney FL & CA have a habit of blowing off Osha findings and not complying within alotted timeframe.
Considering the money disney racks in the fines are not even a slap on the wrist.

4 different fines and two deaths of Primeval Whirl. 2 for the guy the second death, both for no guard rails at 19 feet and none at 40 feet.

2 for the lady no guard rail $7,000; $3000 for not putting in that guard rail the first time Osha cited them.

One of cites for the Monorail was not putting up guard rails for CM's to prevent fall, that Disney had been sited for prior to accident.

 

[RonAnnArbor]

For an interesting read -- check out "Realityland" -- almost all the stories there are based on Union Grievances and OSHA reports (Public records)

 

[TP2000]

OMG OMG...LOL I just went back to reread the thread and in my post "safety belts" was autocorrected to "seat belts"...ARGH, I hate the iPad autocorrect...

Ah! It all makes sense now. Thanks for the clarification, and the chuckle.

The issue with the DOSH inspection at Space Mountain was that there weren't proper attachments for the safety harnesses (or belts) that the contractor was using to tie-off to while he cleaned the roof. The attachment failed somehow, and he went sliding down the roof and broke a bone when he crashed into the small wall at the base of the domed roof. Thus the DOSH inspection and fine for Disneyland.

What's still not clear is why on earth TDA would willingly close three headliner E Ticket attractions without warning on a Saturday morning if the DOSH inspectors didn't make them, or at least highly suggest to TDA that it would be in their best interest to do so.

And Soarin' is one of them. Soarin' was cloned at Epcot four years after it opened in DCA. But the Epcot version of Soarin' remains operational. What's so inherently dangerous about the DCA version of Soarin', after it has had annual DOSH inspections from Sacramento regulators every year since 2001? While the Epcot version of Soarin' is not subject to annual inspection by state theme park ride regulators from Tallahassee. But the Epcot version continues to operate this week.

This whole thing is very odd. There's a bit part of the story here we haven't been told yet.

 

[RSoxNo1]

FYI, Space Mountain and Soarin' Over California are still closed.

 

[ScoutN]

And Soarin' is one of them. Soarin' was cloned at Epcot four years after it opened in DCA. But the Epcot version of Soarin' remains operational. What's so inherently dangerous about the DCA version of Soarin', after it has had annual DOSH inspections from Sacramento regulators every year since 2001? While the Epcot version of Soarin' is not subject to annual inspection by state theme park ride regulators from Tallahassee. But the Epcot version continues to operate this week.

Exactly what I have been wondering the entire thread.

 

[Clever Name]

OSHA is the Occupational Safety and Health Administration and has jurisdiction over ALL businesses with employees. Including theme parks.


That is a completely different agency. The theory is that these companies don't need such regulations because they are such high profile businesses and have so much money on the line, they would be able to effectively regulate themselves. However, businesses prove over and over again that once de-regulated, they are incapable of effective self regulation (I'm looking at you, airlines...you too, banks. And I haven't forgotten about you, Enron!).


Again, that's not relevant for employees under OSHA. I think the real problem, which was seen during the monorail tragedy, is how toothless Florida's version of OSHA is. If I recall the fines weren't that high.

You are confusing federal and state agencies including their authority and jurisdictions.

 

[RSoxNo1]

Space and Soarin' still closed at DLR.

 

[Tom]

Space and Soarin' still closed at DLR.

This is actually pretty ridiculous.

 

[RSoxNo1]

This is actually pretty ridiculous.

Well, the last safety raid on Space Mountain saw it closed for quite some time...

 

[Tom]

Well, the last safety raid on Space Mountain saw it closed for quite some time...

What I still don't understand is why they closed a ride, when the only issues were related to fall protection unrelated to the ride. You don't shut down an entire construction site when OSHA cites something - you just avoid putting people in a position where they're affected by the violation until its remedied.

 

[unkadug]

What I still don't understand is why they closed a ride, when the only issues were related to fall protection unrelated to the ride. You don't shut down an entire construction site when OSHA cites something - you just avoid putting people in a position where they're affected by the violation until its remedied.

I'm thinking it's a hedge against Disney having to pay the fine.

"We'll just shut it down."

 

[TP2000]

I'm thinking it's a hedge against Disney having to pay the fine.

"We'll just shut it down."

But the fine was for a contracted employee cleaning the roof. The closure is for the roller coaster inside the building.

And Soarin' has nothing to do with Space Mountain or the DOSH citation or fine. And there's a cloned version of Soarin' still in daily operation by the same company 3,000 miles away in Florida.

This whole thing is very bizarre. And it sounds more and more like Disney is doing this to itself. Very weird!

 

[stevehousse]

I find it bizarre myself! I would suppose soarin would have to use a ladder to get guest stuck at the top down. Or build a staircase??? Wonder how long these attractions are suppose to stay closed???

 

[lazyboy97o]

And Soarin' has nothing to do with Space Mountain or the DOSH citation or fine. And there's a cloned version of Soarin' still in daily operation by the same company 3,000 miles away in Florida.

So long as Disney is dismissive of the concerns their not going to bother addressing the issues anywhere but where required. DOSH has no say over Florida and doesn't care if there would be no violations in Florida.

 

[lazyboy97o]

I find it bizarre myself! I would suppose soarin would have to use a ladder to get guest stuck at the top down. Or build a staircase??? Wonder how long these attractions are suppose to stay closed???

I think the canopy is supposed to lower itself down. Not that it couldn't get stuck in the up position.