Declan Sullivan Investigation Results Released by IOSHA

[IrishLax]

$77,500 fine. For those unfamiliar with OSHA fines, that is relatively minor compared to what I've seen in the past after some accidents.

 

[IrishLax]

As expected, the issue at the heart of all of this was that Declan was "untrained." Waiting for the full fledged report to be release, so I'll hold off on lambasting Notre Dame until I see the exact specifics... but this bothers me in light of all the other stupid "safety" hoops they make people jump through.

For instance, they make you watch a stupid driver training video before ever using one of their vans for a club trip (and they won't let you use personal vehicles... you have to use a Notre Dame vehicle). How they could include that but not train videographers on a piece of machinery they haven't used before (unlike a car which everyone has driven) is just so disappointing to me.

RIP Declan.

 

[IrishLax]

ESPN blurb link: Notre Dame found at fault in hydraulic lift death of videographer Declan Sullivan - ESPN

 

[Irish4Life09]

I feel bad for Declan. It's too bad he wasn't properly trained, and that there was no manual or regular checks of the equipment.
At least this is all out in the open now, so hopefully his family and our great university can have some kind of closure.
You and your family are in our hearts and prayers Declan.RIP.

 

[irishpat183]

Regardless of the investigation or it's findings, this is a horrible accident and I can't stress enough how sorry I am for his family. Let's hope ND, as well as, other colleges learned a lesson outta all of this.

 

[IrishLax]

Regardless of the investigation or it's findings, this is a horrible accident and I can't stress enough how sorry I am for his family. Let's hope ND, as well as, other colleges learned a lesson outta all of this.

Indeed. Very well said.

The warning signs, manual, regular checks, etc. are just filler violations. Keeping up with that kind of stuff is basically impossible. See the cases of swimming pool installers getting sued (and losing) over kids breaking into someone's back yard, diving into the pool and hurting themselves and blaming it on no signage.

The important lesson to learn here is that you better have procedures in place for supervision and training of new workers on any kind of equipment that poses a safety hazard.

 

[irishpat183]

Indeed. Very well said.

The warning signs, manual, regular checks, etc. are just filler violations. Keeping up with that kind of stuff is basically impossible. See the cases of swimming pool installers getting sued (and losing) over kids breaking into someone's back yard, diving into the pool and hurting themselves and blaming it on no signage.

The important lesson to learn here is that you better have procedures in place for supervision and training of new workers on any kind of equipment that poses a safety hazard.

Exactly!

 

[Jerry]

DOL: Media Center

Here's the IOSHA website and all the releases on the ND incident are at the top of the news section. These results are pretty generalized. I sort of thought they would name names and direct some fault but I suppose it all falls on the University regardless.

 

[IrishLax]

Statement from the Sullivan family:

A Statement from the Sullivan Family Concerning the IOSHA Findings - wsbt.com

Clear Notre Dame screwed up, also very clear that they are doing everything in their power to make it right.

 

[Old Man Mike]

I am trying not to obsess over this, but there is still one thing that would be of, perhaps even, importance for Notre Dame football supporters to know: All the "minor" fine involvements seem to have nothing to do with football staff "business". But the major fine/error could do so.

The operant words were "directed" to do the filming "with the knowledge" of the NWS warning about high winds. What I am waiting to hear is: who directs the student videographer to get up and start the filming [and continue], and did that person "have the knowledge" of the weather warning and its significance?

I'd like to know if any of that was football coaching duty. [which I doubt]. And I'd like to know if someone "had the knowledge" and knew its significance, and deliberately decided to wing it, or if this was a poorly functional communication chain, which still is culpable and highly regrettable, but at least has no deliberate element in it.

My bottom line is, outside of being very sorry for the Sullivan family, my hope that this snafu had nothing to do with our coaching staff's duties.

 

[mgriff]

Someone was ultimately responsible for directing him onto the lift. While Notre Dame certainly gets the blame, Father Jenkins really had no involvement, but he showed tremendous leadership by admitting blame ultimately lay with him. Now the highest this could go reasonably would be the head coach, Brian Kelly, but most likely this was delegated to someone in the video department. I feel terrible for all involved, but most for Declan's family, and I hope they can somehow get through this.

 

[tadman95]

I agree with you OMM. These are pretty serious charges. Clearly the safety procedures weren't being followed, heck we don't even know if there were any procedures in place.

I don't know what the safety program is at Notre Dame. Someone there has accountability for the lack of enforcement or the lack of having established program in place. That accountability could be anywhere from the president down.

The investigation by the university should address that although it may not ever be made public. Still a lot of unanswered questions for sure.

Whatever the outcome, I hope it comes quickly so any discussion of Declan is in celebration of his life and memorializing his place at Notre Dame.

EDIT: Page eleven of the Safety Order and Notification of Penalty report states that 'the supervisor admitted he had initially instructed untrained employees to elevate on scissor lifts'. There's more but that is a pretty damning statement. There is still a lot to learn, the internal investigation will be interesting.

 

[IrishLax]

I am trying not to obsess over this, but there is still one thing that would be of, perhaps even, importance for Notre Dame football supporters to know: All the "minor" fine involvements seem to have nothing to do with football staff "business". But the major fine/error could do so.

The operant words were "directed" to do the filming "with the knowledge" of the NWS warning about high winds. What I am waiting to hear is: who directs the student videographer to get up and start the filming [and continue], and did that person "have the knowledge" of the weather warning and its significance?

I'd like to know if any of that was football coaching duty. [which I doubt]. And I'd like to know if someone "had the knowledge" and knew its significance, and deliberately decided to wing it, or if this was a poorly functional communication chain, which still is culpable and highly regrettable, but at least has no deliberate element in it.

My bottom line is, outside of being very sorry for the Sullivan family, my hope that this snafu had nothing to do with our coaching staff's duties.

Just so everyone is clear how OSHA speak translates into normal speak..... the "knowing" premise presented by OSHA is simply that the person in charge knew or should have known that someone operating the lift in those conditions was a safety hazard. This is very easy to prove. Basically, if someone is in a supervisory role they are assumed to have full understanding, knowledge and training of any and all safety regulations relating to the task in question. Therefor, if a supervisor instructed him to go up and knew an unsafe condition was present it is "knowing." If someone actually chose to "wing it" knowing the full danger of what they were asking Declan to do there is a 99% chance they would be in jail right now (yes, OSHA investigations can and do result in jail time).

To put it in perspective, here are two examples I have seen in person that resulted in "knowing" findings and fines of ~$10k and $35k. The first a supervisor was present and asked a worker to do something in a high place, the worker went up a ladder and stepped on to the very top and while performing his task fell and broke his arm. You're not supposed to stand on the top rung (even though everyone does it) and the supervisor "knowing" that should have stopped him. I think the fine was about $10k. The next someone shocked themselves because a person didn't lock-out-tag-out an electrical system because they didn't have the have a kit. Apparently, it wasn't the first time they had had an issue with this and I think they got hit with a stiffer penalty for being repeat.

Anyways, the bottom line is it that if OSHA comes to investigate they will find something you did wrong 100 out of 100 times. OSHA also does random inspections that can shut down job sites for God knows how long. All in all, these findings strike me as a fair assessment of what happened: Declan was not trained sufficiently to know the proper operation of the lift/dangers and the "supervisor" responsible did not do their job knowing the conditions.

 

[IrishLax]

OH MY GOD!!! ESPN just rant the most slanted sound byte on the incident. They quoted this part of the Sullivan's statement:

"This report is an important step in preventing future accidents, but its findings do not change the fact that Declan is not with us."

But not: "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."

OR

"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.

Finally, our family remains thankful to the many individuals who have expressed their condolences in countless ways. We would like to express gratitude for the donations to the Declan Drumm Sullivan Memorial Fund and we continue to work with Notre Dame and others to find a fitting way to memorialize Declan's life."

 

[NankerPhelge]

Where does the $77,500 go? To the State?

 

[IrishLax]

Where does the $77,500 go? To the State?

Yeah, basically it pays for the IOSHA investigation. That's why they always find something.

 

[NankerPhelge]

Man, that's a sweet little racket.

 

[NankerPhelge]

So, any word on whether Declan's family will receive any monetary compensation (although that is always insufficient), or is that to be the subject of a different investigation?

 

[IrishLax]

So, any word on whether Declan's family will receive any monetary compensation (although that is always insufficient), or is that to be the subject of a different investigation?

That's between the family and the University. From the sounds of it, once ND concludes their investigation they will meet with the family and probably give them whatever the family sees fit.

 

[JadeBrecks]

I cant wait for this to be done and over with.

 

[NankerPhelge]

That's between the family and the University. From the sounds of it, once ND concludes their investigation they will meet with the family and probably give them whatever the family sees fit.

That should be interesting to watch, assuming it is made public, given:

a) Father Jenkin's unqualified admission of the University's liability, and

b) It appears that Declan was an employee of the University, therefore worker's compensation law would apply exclusively, and the University's monetary exposure would probably be limited, legally, to somewhere around $7,500.

Hope ND does the right thing by the Sullivans, regardless of its legal obligation.

 

[DillonHall]

That should be interesting to watch, assuming it is made public, given:

a) Father Jenkin's unqualified admission of the University's liability, and

b) It appears that Declan was an employee of the University, therefore worker's compensation law would apply exclusively, and the University's monetary exposure would probably be limited, legally, to somewhere around $7,500.

Hope ND does the right thing by the Sullivans, regardless of its legal obligation.

It will not become public.

 

[NankerPhelge]

I suspect you are right.

 

[mgriff]

It won't be public, but I'm sure it will be plenty of money so they don't ever have to work again. In reality, it's nothing compared to the life of their son.

 

[NankerPhelge]

Yeah, any parent knows that it would be impossible to compensate for the loss of a child with money. Unfortunately, that's all the law has to offer.