Man DEAD University of Notre Dame

Ron Musgraves

Exterior Restoration Specialist
Staff member
Use of lift in high wind likely safety violation

IOSHA investigating accident at Notre Dame.

By ED SEMMLER
Tribune Staff Writer

SOUTH BEND — The accident that claimed the life of a 20-year-old student at the University of Notre Dame on Wednesday could result in safety citations for the university.

An investigator from the Indiana Occupational Safety and Health Administration arrived at the university Thursday to begin looking into the accident.

Declan Sullivan of Long Grove, Ill., died Wednesday night after the scissor lift from which he was reportedly videotaping Notre Dame's football practice toppled over amid wind gusts that reached in excess of 50 mph.

According to government safety regulations, "work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for employees to be on the scaffold and those employees are protected by a personal fall arrest system or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed."

The scissor lift used by Sullivan would be included in the regulation.

Marc Lotter, a spokesman for the Indiana Department of Labor, said Notre Dame hasn't had a major safety violation in his search of records going back 10 years.

Because each investigation is different, Lotter couldn't hazard a guess on how long it might take to issue a report. If IOSHA finds that regulations or safety protocols were not followed, it could attach fines that exceed $100,000, depending on "the severity and the nature of the violations," he said.

Though it was initially reported that the scissor lift was leased from United Rentals, a company spokesman said Thursday that the lift does not belong to the company. A sticker attached to the lift might indicate that United Rentals has serviced the device in the past, said Fred Bratman, a spokesman for the company.

"We were saddened to learn of this tragic accident," said Bratman. "We are continuing to investigate the matter, but have determined that the unit was neither owned nor rented by our company."

Scissor lifts are often plastered with safety stickers and built with various safety devices.

Bill Fish, owner of Fish Window Cleaning of Granger, said he has used scissor lifts quite a bit to reach inside windows. He said the lifts he has used won't go up unless they're on a firm level surface, a warning beeper sounds if there is too much movement in the bucket and the person inside is supposed to be wearing a safety harness.

When asked whether he would operate inside a scissor lift in high winds, Fish said, "That would be really scary."

Lotter said worker deaths in Indiana hit a historic low of 123 in 2009. Improved workplace safety as well as fewer jobs because of the recession were likely the reasons for the reduction, he said.

Falls, including those from scissor lifts, are the No. 2 cause of workplace deaths in Indiana, said Lotter. From 2003 to 2009, eight workers in Indiana have been killed by falling from a fork lift, scissor lift or bucket truck.Staff writer Ed Semmler: esemmler @sbtinfo.com 574-235-6466


#commentList { WIDTH: 600px; FONT-FAMILY: Arial,Helvetica; HEIGHT: auto}#commentList .commentHeader { Z-INDEX: 1; POSITION: absolute; WIDTH: 600px; BACKGROUND: url(/images/talkHeaderNew.gif) no-repeat left top; HEIGHT: auto}#commentList .commentLinks { MARGIN: 6px 0px 0px; PADDING-LEFT: 420px; HEIGHT: 36px}#commentList .commentLinks LI { LIST-STYLE-TYPE: none; PADDING-LEFT: 15px; DISPLAY: inline}#commentList .commentLinks LI A { COLOR: #fff}#commentList .latestHeader { POSITION: absolute; PADDING-BOTTOM: 5px; MARGIN-TOP: 30px; PADDING-LEFT: 5px; WIDTH: 590px; PADDING-RIGHT: 5px; BACKGROUND: #999; COLOR: #fff; FONT-SIZE: 11pt; PADDING-TOP: 5px}.commentMessage { WIDTH: 600px; BACKGROUND: #ededed}.commentMessage TD { PADDING-BOTTOM: 10px; PADDING-LEFT: 10px; PADDING-RIGHT: 10px; VERTICAL-ALIGN: top; PADDING-TOP: 10px}.commentMessage .userInfo { BORDER-BOTTOM: #fff 2px solid; BORDER-LEFT: #fff 0px solid; WIDTH: 125px; FONT-SIZE: 10pt; BORDER-TOP: #fff 5px solid; BORDER-RIGHT: #fff 0px solid}.commentMessage .msgInfo { BORDER-BOTTOM: #fff 2px solid; BORDER-LEFT: #fff 5px solid; WIDTH: auto; FONT-SIZE: 10pt; BORDER-TOP: #fff 5px solid; BORDER-RIGHT: #fff 0px solid}.msgInfo .posted { WIDTH: auto}.msgInfo .subject { WIDTH: auto}.msgInfo .body { WIDTH: auto}.msgInfo .report { WIDTH: auto}.msgInfo .body TABLE { WIDTH: auto}.commentMessage #userInfo1 { PADDING-TOP: 45px}.commentMessage #msgInfo1 { PADDING-TOP: 45px}#commentList .moreLinks { POSITION: absolute; PADDING-BOTTOM: 5px; MARGIN-TOP: -2px; PADDING-LEFT: 5px; WIDTH: 590px; PADDING-RIGHT: 5px; BACKGROUND: #999; COLOR: #fff; PADDING-TOP: 5px}#commentList .moreLinks .rightLinks A { TEXT-ALIGN: right; COLOR: #fff}#commentList .moreLinks .leftLinks { FLOAT: left}#commentList .moreLinks .rightLinks { PADDING-RIGHT: 15px; FLOAT: right}#commentList .moreLinks .leftLinks .commentLinks { MARGIN: 0px; PADDING-LEFT: 0px; HEIGHT: auto}#commentList .moreLinks .leftLinks .commentLinks LI { LIST-STYLE-TYPE: none; PADDING-LEFT: 15px; DISPLAY: inline}#commentList .moreLinks .leftLinks .commentLinks LI A { COLOR: #fff}.joined { COLOR: #006699; FONT-SIZE: 9pt}.postCount { COLOR: #006699; FONT-SIZE: 9pt}.msgInfo .report { COLOR: #006699; FONT-SIZE: 9pt}.msgInfo .posted { COLOR: #006699; FONT-SIZE: 9pt}.msgInfo .subject { COLOR: #006699; FONT-SIZE: 9pt}.msgInfo .body { PADDING-BOTTOM: 10px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 10px}.msgInfo A:link { COLOR: #006699}.msgInfo A:active { COLOR: #006699}.msgInfo A:visited { COLOR: #006699}.avatar { PADDING-BOTTOM: 10px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 10px}#commentList .latestHeader { WIDTH: 600px}#commentList .moreLinks { WIDTH: 600px}
.msg { FLOAT: left}.postButton { BACKGROUND: #0054a7; FLOAT: right; COLOR: #fff}


Latest Comments on ' Use of lift in high wind likely saf...'

piper mathis
avatar

Joined: Jul 28 2010
Posts: 184
Posted: Oct 29 2010 8:19 am
Subject: Re: Use of lift in high wind likely s ...
ND needs to pull up their big boy pants and accept responsibility for this young man's death and they need to do it now so it doesn't look like they are trying to dodge the blame.
Report this post as inappropriate
David Kriegel

Joined: Mar 29 2008
Posts: 102
Posted: Oct 29 2010 9:24 am
Subject: Re: Use of lift in high wind likely s ...
I was a safety instructor and manager for 30 years. What I observed in severe injury and death accidents is that either no one HONESTLY believed there was a danger (we have always done it this way), lack of knowledge about the safety regulations (high winds) or someone deliberately violates safety procedures for "urgency it has to get done" Sometimes urgency (we need to film practice combines with "we always do it this way" with "nothing has happened before" which, combined results in tragedy.

Safety regulations (do not use over 25 MPH winds) are there because, unfortunately someone before you has been injured or killed. So when you see a safety warning sticker follow them. Teach your kids to read and follow safety warnings.

My sincere condolences to the young mans family, his friends and the managers in his chain of command.

My posting is NOT to cast blame, just an experienced observation
Report this post as inappropriate
icantspell

Joined: Jan 06 2008
Posts: 57
Posted: Oct 29 2010 10:10 am
Subject: Re: Use of lift in high wind likely s ...
How right you are.This guy basically lost his life over a game.ND owes it to his family to admit they're wrong.
Report this post as inappropriate
susanna miller

Joined: Oct 29 2010
Posts: 1
Posted: Oct 29 2010 10:30 am
Subject: Re: Use of lift in high wind likely s ...
Piper,
I couldn't have said it better. May God give the Sullivan family strength through this terrible tragedy. My prayers to you.
Report this post as inappropriate
Savannah

Joined: Mar 08 2010
Posts: 341
Posted: Oct 29 2010 10:59 am
Subject: Re: Use of lift in high wind likely s ...
Piper - You and many others are totally ignorant of the legal atmosphere in this country.
To accept blame before a full investigation is conducted is legal suicide because some greedy nitwit who saw Declan fall from an office building 5 miles away and a traumatized co-ed who was sitting the the library at the time will (along with lots of others) jump on the band wagon to sue, sue, sue.
The family deserves an explanation and settlement, although there is no amount of money that will bring back their son, brother, grandson.
Even after the settlement takes place, if ND admits guilt to pacify you, Piper, then there will be lawsuits against them for everything, including tripping over an acorn on the sidewalk by the library.
It's the legal system that has created this atmosphere where any entity, college, hospital, clinic, etc. dare not admit blame without a flood of additional lawsuits.
Report this post as inappropriate
Mike Dickeson

Joined: May 06 2010
Posts: 83
Posted: Oct 29 2010 3:23 pm
Subject: Re: Use of lift in high wind likely s ...
This accident was totally preventable. Where did common sense go? What was the "supervisor" thinking when he had students/employees go up in those lifts under those kind of conditions! That person whomever they are needs to be fired. Until that time comes, (if ever)it looks like the students at the University of Notre Dame needs a Union to protect them from the schools management/administration. The person "at the top" in the chain of authority NEEDS TO BE FIRED TOO. The root cause for this preventable tragedy? Arrogance. There will be no accountability for this act of malfeasance, Notre Dame's Law School will see to that.
Report this post as inappropriate
Todd Citizen

Joined: May 04 2008
Posts: 717
Posted: Oct 29 2010 7:26 pm
Subject: Re: Use of lift in high wind likely s ...
Its really disturbing, even though I am guilty of it, that the SBT is allowing comments on all the related articles when usually in other very sensitive articles it does not. Lots of pointless posts and a great deal of disrespect to Declan and his family is taking place.

I hope the family gets all the answers they deserve. I hope that the right people step up and take responsibility. Yes, Declan, as a free thinking individual could have made the choice to come down if he was scared. No one has said that he expressed concern to come down due to fear but was told to stay up or else. I have not read that anywhere. I personally feel Declans immediate supervisor should have made the call to not film from up there. It has not been reported that Kelly demanded that they film from a lift in those conditions. It has not been reported that Kelly is the one who ultimately makes those decisions. There were a lot of people on that field that should have used common sense and knew based on the weather, that was not a safe place to be. You would have to blame everyone present that day for not speaking up and expressing their concern. Personally not only would I have been concerned for Declan, I would been concerned for the safety of everyone near the lift that could have been also hurt. Obviously Declan was most at risk and the worst thing that could happen did. Somewhere in all this, someone did not speak up. Thats where many accidents and unnecessary tragedies do occur, in my opinion.

Very poor judgment was used and lack of safety and supervision also took place. Until the facts are all sorted out and made clear to the right people, no one should make assumptions about anything. We just have to let the right people sort this all out and show respect to Declan and his family. Stop fighting and using it as an opportunity to bring more negativity that is not needed at all into the event that took place.
Report this post as inappropriate
Chuck Quackenbush

Joined: Sep 19 2008
Posts: 104
Posted: Oct 30 2010 8:13 am
Subject: Re: Use of lift in high wind likely s ...
David Kriegel's post was very true...When I was flying helicopters in the Army, they used to tell us that behind every procedure and flight restriction was a dead pilot. That would serve to focus our attention as we inevitably grew complacent working with very reliable aircraft. We even had a restriction concerning taking off in surface winds above 40mph. Somebody had balled it up in heavy winds hovering out to a take-off pad.

The point is that safety practices are always an evolving standard. No matter how comprehensive current standards may be, new experiences and events will dictate changes and new restrictions. 20/20 hindsight is for lawyers and arm chair quarterbacks who like to puff themselves up, point a finger, and declare, "They should have known!"
Report this post as inappropriate
Adam

Joined: Jan 19 2009
Posts: 97
Posted: Oct 30 2010 9:36 am
Subject: Re: Use of lift in high wind likely s ...
In the wake of a terrible "accident" at ND's practice facility, Irish head officials are claiming that they had no idea the weather was bad enough not to send up a 50' scissor lift up with a 21 year old student up on it to film practice. I was outside all day that day and the winds were more ferocious than the day before when severe storm and tornado warnings were being issued. In fact there were 3 confirmed tornados in Indiana that day. I honestly don't know if I can continue to pull for a program with such a callous look at personal safety when it comes to their students. I didn't know Mr. Sullivan, but I have been on many a scissor lift and bucket truck and there is no way in hell I would have gone up on either on Wednesday. I'm not scared of heights in the slightest bit, but I also know it was way to dangerous to be on a scissor lift with the wind gusts that day. Anyone with any common sense what-so-ever should and would have known the same. So, unless ND coaches and athletics personnel have no common sense(which could be argued convincingly), they just simply didn't give a rip about this young man's safety as much as they care about losing football games. Pathetic and almost unforgivable. I feel sick to my stomach thinking about what was going through his mind as that lift fell. I hope he threw the camera down at someone and hit them with it. I am very disappointed in Notre Dame Football today and I don't know if I'll continue rooting for them. I don't know if every other NCAA program treats their videographers the same way, but it wouldn't surprise me. I'm not sure how I even feel about college football at all now...
Report this post as inappropriate
LATROJAN

Joined: Nov 23 2008
Posts: 119
Posted: Oct 30 2010 3:04 pm
Subject: Re: Use of lift in high wind likely s ...
Adam and Todd Citizen: I have been searching for the right works to post on this topic. But just can't put them down. Thanks to the two of you for saying everything I feel about this young man passing.
Report this post as inappropriate
shoe

Joined: Aug 10 2009
Posts: 64
Posted: Oct 30 2010 4:41 pm
Subject: Re: Use of lift in high wind likely s ...
amen
Report this post as inappropriate


  • <LI style="PADDING-BOTTOM: 5px" itxtvisited="1">You must register and be logged in to post a comment. <LI style="PADDING-BOTTOM: 5px" itxtvisited="1">We encourage your comments, but we ask that you keep them civil and appropriate.
    Please read our rules of engagement
  • By clicking on "Post Comment" you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Contact site Administrator


Tribune Photo JIM RIDER​
The top portion of the scissor lift that fell Wednesday evening, killing Notre Dame student Declan Sullivan, lies on the ground Thursday beside the Irish's football practice field. Another view of the structure is on Page A7.

Related articles<LI type=square itxtvisited="1">10/29/2010 - Family has 'many questions' about student's death
<LI type=square itxtvisited="1">10/29/2010 - ‘Notre Dame has lost another son'
<LI type=square itxtvisited="1">10/29/2010 - Notre Dame tragedy prompts policy review at other universities
<LI type=square itxtvisited="1">10/29/2010 - Notre Dame showing different spirit
<LI type=square itxtvisited="1">10/29/2010 - Few answers in Notre Dame death
dc.gif
More related articles



Recent News Stories:<LI type=square itxtvisited="1">New Buffalo man dead after crash on I-94
<LI type=square itxtvisited="1">Declan Sullivan's family issues statement
<LI type=square itxtvisited="1">Secretary of state candidates answer 4 questions
<LI type=square itxtvisited="1">Information on state voting requirements
<LI type=square itxtvisited="1">St. Joseph County Sheriff candidates Q&A
dc.gif
More News Stories
Most Viewed Stories:<LI type=square itxtvisited="1">ND showing different spirit
<LI type=square itxtvisited="1">Notre Dame football: Kelly has big job keeping program from unraveling
<LI type=square itxtvisited="1">Notre Dame football: Transcript: Brian Kelly's post-game press conference
<LI type=square itxtvisited="1">Woman backs car into side of South Bend store
<LI type=square itxtvisited="1">Notre Dame football: Surreal finish to a sad week
<LI type=square itxtvisited="1">Statehouse candidates irritated by rivals' mudslinging
<LI type=square itxtvisited="1">Touring Granger garage proves frightful ordeal
<LI type=square itxtvisited="1">For some, fright's a rush
<LI type=square itxtvisited="1">Notre Dame football: A game to remember, and forget
<LI type=square itxtvisited="1">Child support success at issue




Our Privacy Policy and Direct Notice To Parents
Contact the southbendtribune.com Web staff.
News coverage and editorial content provided by the South Bend Tribune unless otherwise specified.
Copyright © 1994-2010 South Bend Tribune
m
s19977128243117
 
Back
Top