Notre Dame at fault in Sullivan's death

[mahatmakanejeeves]

Source: Associated Press and ESPN

Updated: March 15, 2011, 11:20 AM ET
Associated Press

INDIANAPOLIS -- A four-month investigation into a student's death has found the University of Notre Dame did not maintain safe working conditions and failed to heed wind warnings when the hydraulic lift he was standing on to film football practice toppled over in 51 mph gusts.

Indiana Department of Labor commissioner Lori Torres said Tuesday that the school will be fined $22,500 for five violations, including failing to properly train Declan Sullivan, a 20-year-old junior film student from the Chicago suburb of Long Grove, Ill., who died in the Oct. 27 accident.

She said the university also was at fault for allowing Sullivan to be in the lift after the National Weather Service had issued a wind advisory.

She said Notre Dame knowingly exposed Sullivan and two other videographers to unsafe conditions. She said the school has been fined $55,000 for that.

Read more: http://sports.espn.go.com/ncf/news/story?id=6219373

[Angry Dragon]

1. Sure doesn't cost much to kill someone

Now for the civil suits

[Missy Vixen]

2. Wouldn't $75,000 be a parking ticket to Notre Dame's football program?

Their TV revenues alone must be staggering.

In the meantime, a family grieves because it was more important to film practice than to observe safety precautions.

:cry:

[Larkspur]

5. This decision doesn't stop the family from suing Notre Dame in a civil suit

That's where the big money is awarded to the family. Either the family will take it to court or they will negotiate a deal with ND out of court.

[pasto76]

3. the most significant failure is the lack of training they provided

every legitimate job now days requires training to be ON RECORD for anyone using any kind of man lift - boom or scissor lift.

Ironworker magazine this past month also talks about a nearly identical accident on a job. These lifts are basically giant kites, and all have a maximum wind load rating of 32 mph or less. I suspect the lift in this case also had "concrete wheels" - smooth, small diameter for rolling on concrete slabs - not rough terrain wheels. Those are for indoor use, and have a wind load of 0mph. Either way 50mph winds is just dumb to be up in.

The kid knew better too. The sad part is apparently there was some external pressure for him to "do his job". Folks, that mechanism right there is PRECISELY why Unions exist!

I hope they get a good lawyer, and get a giant payday.

[willing dwarf]

4. Notre Dame football is like a religion

No wonder common sense went out the window. So sad for that poor boy's family.

[Larkspur]

6. Here's the statement from the Sullivan family in response to the IOSHA decision

Statement from the Sullivan family concerning IOSHA findings

We appreciate the thorough investigation by the Indiana Occupational Safety and Health Administration (IOSHA) concerning the circumstances surrounding the death of our son, Declan. This report is an important step in preventing future accidents, but its findings do not change the fact that Declan is not with us.

Our family supports the efforts by the University of Notre Dame to halt the use of hydraulic lifts to film football practices and install remote-controlled cameras. We are confident that Notre Dame will address the additional issues raised in the IOSHA report.

It is our sincere desire that universities, high schools and other institutions that use these lifts take to heart that accidents such as these are preventable and can be avoided if the designated safety measures are taken.

We are grateful for the respect shown us over the past several months by everyone connected with Notre Dame. The University has maintained an open line of communication throughout this period and has provided timely answers to our questions.
SNIP

[Larkspur]

7. Here's ND's response to IOSHA's findings

Notre Dame responds to IOSHA findings in Sullivan case

SNIP

Rev. John I. Jenkins, C.S.C., president of the University: “Notre Dame has great respect for the thorough and professional manner in which IOSHA officials have conducted their investigation. We have worked collaboratively with them over the past four months and have had a chance today to take a preliminary look at their findings. We will study the details very carefully and take the actions necessary to protect the ongoing safety of our students and staff. We also are very interested in the IOSHA educational effort and have every intention of being a part of that to share what we learn.
“None of these findings can do anything to replace the loss of a young man with boundless energy and creativity. As I said last fall, we failed to keep him safe, and for that we remain profoundly sorry.”


John Affleck-Graves, executive vice president and leader of the Notre Dame investigation of the accident: “The IOSHA findings are very helpful as we begin to conclude our own comprehensive investigation. As part of the agency’s review process, we will meet with officials in the next 15 days. We expect that our report will include information gathered through the IOSHA investigation as we focus on all factors that contributed to the accident, including the series of decisions made on that day. We have committed to making a report of our investigation public and will do so once it is complete and we have finalized our review with IOSHA, which we expect to be in four to six weeks.”

SNIP