A circus-related risk specialist said there may have been a risk management breakdown before a metal clip holding eight Ringling Bros. aerialists snapped, sending the performers more than 20 feet to the floor.
State investigators said a 4-inch metal clip, known as a carabiner, likely failed and sent the “hairialists,” dangling from their hair during a May 4 performance in Providence, R.I., to the floor.
Mitchel Kalmanson of Florida-based Lester Kalmanson Agency, which provides insurance for circuses, told Advisen that, regardless of the findings related to the carbiner, “it is likely there were OSHA (Occupational Safety and Health Administration) violations” related to the act, which had been performed numerous times as part of the Ringling Bros. and Barnum & Bailey’s LEGENDS show.
Kalmanson questioned the lack of any kind of padding or net to protect the performers, as well as those on the ground, in the event of a fall. He said he was also concerned with the rigging and set up of the apparatus, its age, and how many times it had been used.
“The likelihood that there was any redundancy in place was virtually nil,” said Kalmanson. “There may also be a risk management failure. Who double checked the equipment? Who signed off on it? What were their qualifications?”
Evidence being turned over to federal workplace safety investigators includes three pieces of a broken carabiner clip.
According to Providence Fire Investigator Paul Doughty, the cause of the broken clip has been narrowed down to a manufacturing defect or improper use, and OSHA will determine the cause.
Bill Hudson, a Los Angeles-based insurance broker with Truman Van Dyke who specializes in covering filmed entertainment, said the need for constant and careful inspection goes above and beyond just meeting the OSHA requirements.
He pointed out that when filming a one-off stunt, an insurance company requires a detailed description of the stunt, how it will be performed, and the resumes of a qualified stunt coordinator and risk manager before accepting liability.
In the case of a circus act, which is performed repeatedly, “I would think that the circus would be doing inspections on a very regular basis.” He continued, “If I owned the circus, I would do what OSHA wanted and go another step. If they want it inspected once a month – we would do it once a week.”
In addition to the workers’ compensation claims that will likely be filed against Ringling Bros, which is owned by Feld Entertainment, Hudson said the circus has to contend with the cost of business interruption.
The circus cancelled the rest of its Providence appearances and when it resumes performing later this week, the hairialist act will not appear in the show. Finally, there is the reputational risk.
“Parents may not feel the same way about taking their children to the circus after this,” Hudson said.
Patricia O’Connell writes for the Advisen Risk Network. She has more than 15 years of experience writing about a variety of business subjects, including strategy, the C-Suite, and management. She is the former news editor at Businessweek.com, where she oversaw coverage for the daily web site.
