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Workplace safety rules a part of ND death probe

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State regulators are investigating whether the University of Notre Dame violated safety rules when it allowed a student to videotape football practice from a tall hydraulic lift that toppled in high winds, killing the young man.

Authorities also planned to review whether Declan Sullivan received training before using the scissor lift and whether a federal rule barring workers from using scaffolds during bad weather would have applied to his job, Marc Lotter, a spokesman for the Indiana Department of Workforce Development, said Friday.

Sullivan, a junior film student, died Wednesday after the lift fell over in gusts that rose as high as 51 mph. The machines typically extend to 40 or 50 feet, but it's unclear how high Sullivan was when Notre Dame's lift crashed to the ground.

An attorney who represents relatives of people killed in accidents involving aerial platforms said the scaffold rule does not apply to scissor lifts, though industry groups have drafted rules limiting use of the lifts in windy conditions.

Still, attorney David L. Kwass said the Notre Dame accident clearly violated those industry standards and other rules of the federal Occupational Safety and Health Administration.

"If there were indeed gusts up to 50 mph, which is what was reported, then it was completely inappropriate to put an operator at height in a scissor lift. That should never, never, never have occurred," said Kwass, chairman of the American Association for Justice's crane and aerial lift litigation group.

He said OSHA rules requiring employers to ensure a safe workplace and safe working conditions "would absolutely apply" in Sullivan's death.

A 2007 Notre Dame policy posted on a departmental website says lift operators must consider weather before using the machines, but university spokesman Dennis Brown would not say Friday whether the document reflected current policy.

"We're not providing any detail on the policy because it's part of the investigative process," he said.

The 14-page policy also appears to provide conflicting information about what training is required for lift users.

It says the department operating the lift is responsible for arranging training of lift users through the university's Risk Management and Safety Department. But it also requires lift users to sign a waiver acknowledging the university will not provide training and that they have reviewed manuals and understand how the lift operates.

Brown would not say whether Sullivan had signed a waiver.

Sullivan's uncle, Mike Miley, who has been serving as family spokesman, said he did not know whether his nephew had signed the waiver.

Robert Blomquist, a Valparaiso University law professor, said the university has a general responsibility for students' safety.

"To make sure there are adults that are advisers who are supervising the students and training the students and watching out for things like this. That's going to be an important issue," he said.

As a student worker, Sullivan reported to a video coordinator who oversees filming for the athletic department. Messages left at the home and office of coordinator Tim Collins were not immediately returned Friday.

A friend said Sullivan never expressed concerns about working in the lift and questioned whether Sullivan actually feared for his life when he posted a messages on Twitter describing the wind gusts and saying it was "terrifying" to be on the tower.

"Knowing him, that was definitely not the case," said Shane Steinberg, 20, a junior from New York City.

"There's a misunderstanding in general of our social networking culture and what it all means. I think that the sarcasm of it all and the playfulness about them is falling through the cracks," he said.

Steinberg told The Associated Press he met Sullivan during their freshman year and quickly discovered a shared love of film. While Steinberg favored classics like "Citizen Kane," he said Sullivan would watch "terrible films that any other person would just scoff at and love it."

"He loved the offbeat. He loved most of all movies that were just visually stunning. He liked to be taken to another place," Steinberg said.

He said Sullivan, who was from the Chicago suburb of Long Grove, Ill., planned to go to California after graduation to try to work in filmmaking.

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  • http://www.thesafetyshow.com.au/
    That's bit sad for the student who died, businesses should take safety issues into consideration. There should be emergency plans and many more. thanks for your information

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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