State considering investigation into fall by 'Hunky Santa' aerialist [Updated]
State workplace safety investigators are considering opening a formal investigation into a weekend incident in which an aerialist was injured during a performance of "Hunky Santa and the Candy Cane Girls" at the Beverly Center mall, a state official said today.
The California Division of Occupational Safety and Health is determining whether it has jurisdiction in the case, a decision that could turn on whether the injured worker was an employee or contract worker as well as whether the performance was regulated by local ordinances, said Dean Fryer, the spokesman for the agency.
If it is determined to be a state issue, Fryer said the agency would examine whether appropriate safety measures were used.
[Updated, 5:15 p.m.: Cal-OSHA officials said late today that they will proceed with an investigation into the incident. Spokesman Dean Fryer said the agency determined that it had jurisdiction because "this is not an independent contractor situation."]
The show, which began Friday as a holiday promotion to boost sales, features aerial performers wearing sparkly red outfits, suspended in the air inside the mall.

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