OSHA Officials Conclude Fatality Investigation of Cirque du Soleil Performer Sarah Guillot-Guyard

Officials at Nevada OSHA have concluded the fatality investigation of the death of Cirque du Soleil performer Sarah Guillot-Guyard.

Guillot-Guyard was performing as one of several Battle Spearmen Warriors in a mock battle scene during the second performance of Ka on the evening of June 29, 2013 when the wire rope from which she was suspended broke apart causing her to fall 94 feet to the floor below. She was transported to UMC Trauma where she was pronounced dead due to multiple blunt force trauma.

The wire rope was severed due to the rapid ascent of the performer, ultimately causing the rope to be freed from the sheave/pulley and scraping against a shearpoint.

A comprehensive investigation of the accident was initiated to determine whether there was a violation of Nevada OSHA safety and health standards or the general duty clause, and any effect the violations had on the accident.

Officials have cited Cirque du Soleil Nevada, Inc. with six proposed citations for violations of Nevada Revised Statutes (NRS), Nevada OSHA General Industry standards, and Recordkeeping Standards 1901 and 1904.

MGM Grand Hotel and Casino was also issued citations for three violations of NRS and NevadaOSHA General Industry Standard 1910.

SUMMARY OF CITED VIOLATIONS  

Cirque du Soleil Nevada Inc., citations have been proposed for the following violations of the Nevada Revised Statutes, the OSHA General Industry standards, and Recordkeeping Standards 1910 and 1904:

NRS 618.375(1): A General Duty Citation was issued because the employer did not protect or prevent Ka employees from striking an overhead grid during the Ka show at the Ka Theater.  $7,000.00 proposed penalty.

NRS 618.375(1): The first part of this General Duty Citation was issued because the employer did not provide proper training  (bypassing) for the Ka Battle Spearman Warrior employee involved in the accident in the use of equipment and tasks used in the Ka show, battle scene at the Ka Theater.

The second part of this General Duty Citation was issued because the employerhad a Fall Protection Program with construction requirements that do not apply to theater settings because the Ka Theateris regulated by Nevada OSHA general industry standards.  $7,000.00 proposed penalty

29 CFR 1910.132(d)(1):  This citation was issued because the employer did not properly assess the workplace for hazards that required personal protective equipment at the Ka Theater, including open-sided floors, bloodborne pathogens and other potentially infectious materials,  pyrotechnic dust clean-up, and not finalizing a hazard assessment for the performers/artists.  $7,000.00 proposed penalty

29 CFR 1910.132(d)(2):  This citation was issued because the employer did not certify that a workplace hazard assessment had been performed and did not include the date(s) the hazard assessments were conducted. $0 proposed penalty, grouped with the proposed citation above.

29 CFR 1904.32(a)(1): This citation was issued because the employer did not include on the OSHA Form 300 Log of Injury and Illnesses, the object or substance that directly injured or made a person ill, which prevented a trend analysis and kept the employer from recognizing and conducting employee training involving recurring injuries in accordance with Nevada Revised Statute 618.383(2)(a).  $3,300 proposed penalty.

Nevada Revised Statute 618.379(1):  This citation was issued because the employer removed equipment from a fatality site on 6/29/13 before Nevada OSHA authorized the dismantling and removal of the equipment (38 feet of wire rope that was attached to the victim at the time of the accident)  $935.00 proposed penalty.

MGM Grand Hotel and Casino , citations have been proposed for the following violations of the Nevada Revised Statute and the OSHA General Industry Standard 1910:

NRS 618.375(1): This General Duty Citation was issued because MGM Grand employees were exposed to hazards due to deficiencies in the Cirque du Soleil Fall Protection Program with construction requirements that do not apply to theater settings because the Ka Theater is regulated by Nevada OSHA general industry standards.

29 CFR 1910.132(d)(1):  This citation was issued because MGM Grand employees were exposed to hazards due to the deficiencies in Cirque du Soleil hazard assessments for the Ka Theater that included open-sided floors, bloodborne pathogens and other potentially infectious materials, and pyrotechnic dust clean-up. $7,000.00 proposed penalty

29 CFR 1910.132(d)(2):  This citation was issued because MGM Grand employees were exposed to hazards due to deficiencies in the Cirque du Soleil hazard assessments because Cirque du Soleil did not certify that the workplace hazard assessments had been performed and did not include the date(s) the hazard assessments were conducted.  $0 proposed penalty, grouped with the proposed citation above.

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