Not really, those are just evidence of latency. If a majority of the CPU power is conspiring to attack the system and all non-cospirator blocks are orphaned then no one will mine outside the conspiracy and there will be no such orphans (there may still be forks within the conspiracy if they still have latency).
The system will have failed, but it will have failed because it exceeded stated limits.
I should have written 'fault' instead of failure. Nonetheless, byzantine faults can arise due to latency, or a malicious node - I wasn't describing an attack scenario specifically, just defining how the byzantine consensus applies to bitcoin.