Do We Really Want OSHA To Regulate Our Entertainment?

There are no specific regulations for professional athletics, but OSHA has one wildcard: The General Duty Clause

by, Robert J. Box

Over the past few years, OSHA has been positioning itself to influence areas it once turned a blind eye to:  The entertainment industry. 

Most professional sports teams (NFL, NBA, Baseball, NHL, Soccer), and motor sports like NASCAR could begin an evolution of change that could drastically change the way professional sports are played.

How would this be possible?

OSHA was established to protect workers in employer-employee relationships through a series of industry regulations.

There are no specific regulations for professional athletics, but OSHA has one wildcard: The General Duty Clause, which provides, “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 

In short, anything that does not specifically meet with any established safety standards that OSHA believes is a health or injury hazard to workers can be cited under the wildcard known as the General Duty Clause.

OSHA used its General Duty Clause to penalize Sea World of Florida following a killer-whale attack that resulted in a trainer’s death. This year, Sea World announced killer-whale shows and captivity would be phased out in its parks over the next several years.

If the general duty clause can reach Sea World’s decision-making regarding entertainment, OSHA could also reach and influence professional sports. 

Do we really want OSHA deciding what is acceptable entertainment in the United States?

Before we jump to political discussions concerning the use of animals for entertainment, look at the bigger picture.

Will OSHA be the agency that ultimately influences how our sports are played? Could OSHA influence the volume of music played at concerts (since stage hands, security, etc. are exposed to noise hazards)?  

For NASCAR, OSHA may take great interest in the safety of workers in the pit areas. Perhaps pit stops would be changed drastically or removed altogether. Perhaps the speeds are reduced to a maximum level for all motor sports events. 

The precedent has been set with OSHA’s influence on Sea World, so now the door is open for OSHA to start influencing entertainment.

Should OSHA influence the NFL to be played differently?

The NFL is replete with staggering injury statistics that would be considered out of control for construction or general industry businesses.  “The Slate” published an article by Daniel Engber that revealed some disturbing statistics:

• A study commissioned by the NFL Players Association found that two-thirds of the league’s retirees suffered from a permanent sports-related injury, and
• An investigative report conducted [in 2014] by the Pittsburgh Tribune-Review asserts an NFL injury rate of 68%.

The NFL has implemented league-wide rules in an attempt to minimize head injuries, and as far as concussions go, it seems to be working.

The rate of concussions fell 25-percent in the 2014 NFL season compared with the 2013 season, and concussions are down 36-percent since the 2012 season.

However, while concussions seem to be declining, injuries continue to rise. 

An article by Jon Hyman for Workforce.com revealed, “The rate of injuries [of professional football players] overall continues to rise, up 17 percent from 2013 to 2014, with 265 players placed on injured reserve during the 2014 regular season.

This means that during the NFL’s regular season, more than one player per game suffered a season-ending injury.” If your workplace experienced similar injury statistics, wouldn’t you expect OSHA to be at your doorstep?

The NFL has to some degree attempted to regulate head injuries, but with a bolder OSHA already here, professional sports as an industry should be sure it is doing everything it can to control hazards and injury trends, or OSHA will likely impose its influence for change accordingly. 

Will the NFL become the NFFL (National Flag Football League)?

Safety First Consulting is a contributor of SM Corridor News and helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results. In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections. You can read more from Robert Box under Business.