Fair, Stagehand union, stage company cited in fair stage collapse

INDIANAPOLIS (WISH) - Poor planning and an indifference to safety requirements led to the death of two workers during the collapse at the Indiana State Fair on Aug. 13 , the Indiana Department of Labor said on Wednesday.

The department released new safety orders Wednesday following their investigation into the stage rigging collapse.

The report released Wednesday focused on the health and safety of workers at the fair, not the public. It did not seek to find cause for the stage collapse.

The report cited three organizations for failures involved in the state fair tragedy:

• The Indiana State Fair Commission for failure to conduct a life safety evaluation and was assessed a $6,300 penalty
   
• Local 30, International Alliance of Theatrical Stage Employees, for three “serious violations” and one “non-serious violation.” Citations included failure to consider soil conditions when placing cable anchor points for the grandstand stage, failure to provide fall protection for employees working 4 feet or more above ground level, failure to conduct a personal protective equipment hazard assessment of the worksite. Non-serious violation involved failure to maintain proper OSHA records for 4 years.
  
  Penalties of $3,500 were assessed for each serious violation.
  A penalty of $1,000 for the non-serious violation. The total penalty assessed against Local 30 was $11,500
   
• Mid-America Sound for three "knowing violations"
  
  The citations include failure to develop and implement an Operations Management Plan, failure to develop a risk assessment plan, failure to maintain and use current engineering calculations and documentation, failure to provide appropriate, qualified supervision. Each knowing violation was assessed a penalty of $21,000 for a total penalty of $63,000.

Mid-America's knowing violations are the most severe the department can issue.

"The evidence demonstrated that the Mid-America Sound Corporation was aware of the appropriate requirements and demonstrated a plain indifference to complying with those requirements," Indiana Department of Labor Commissioner Lori Torres said.

The fair commission should have evacuated the grandstand ahead of the wind gust that took part in toppling the stage rigging, Torres said.

"At a minimum, these things became clear," Torres said. "The state fair commission had an inadequate plan and did not take necessary measures called for in the plan. The state fair commission was receiving inadequate weather information. The state fair commission thought it had more time ... and were slow to make appropriate decisions."

Even if the state had a more adequate plan, Torre said, it may not have necessarily prevented injury or death.

"This is not a finding that no one would have been injured. It is simply a finding that this employer did not have an adequate emergency response plan," she said.

Four other entities were investigated, but the department found no reason to fine them. The band Sugarland, who was set to take the stage before the collapse, was among the four the department chose not to fine. Torres said Sugarland's position as a performer meant they weren't the venue host and had no workers up in the stage rigging.

It took the department six months to investigate the deaths of Nathan Byrd, a stagehand, and security guard Glenn Goodrich. Torres said her department's investigations into workplace deaths typically take 90 days. Torres said the department encountered "tremendous" difficulty receiving cooperation and information for the investigation.

"Our investigation was hampered because we didn’t get to talk to all of the stagehands," Torres said.

The fined entities have 15 working days after receiving the information to respond. Each entity can contest the findings and have a meeting with the board of safety review. After the board's decision, it can then be appealed in court.

The security company that employed Goodrich wasn't found at fault and won't be fined.