INDIANAPOLIS – The Indiana Department of Labor on Wednesday faulted three entities for workplace violations related to the rigging system that collapsed at the Indiana State Fair in August, killing seven people.
The most serious findings were assessed against Mid-America Sound Corp. of Greenfield, which provided and constructed the load-bearing roof structure that fell.
That company fired back by releasing contracts and depositions that point to the country duo Sugarland and the Indiana State Fair Commission as being liable in the tragedy.
The state's labor investigation also cited the Indiana State Fair Commission and Local 30 of the International Alliance of Theatrical Stage Employees, including Theatrical Payroll Services, with violations.
The collapse killed seven and injured about 50 others. Officials had conducted no inspections of the stage before it fell onto fans, stagehands and others during a severe storm. Fair officials were also criticized after the stage collapse for failing to evacuate the area as a severe thunderstorm packing high winds and lightning approached the fairgrounds.
Indiana Labor Commissioner Lori Torres explained that the six-month investigation by the Indiana Occupational Safety and Health Administration focused on whether health and safety standards for employees were violated.
It specifically doesn't address the cause of the collapse.
Firm faulted
Mid-America took the brunt of the findings with three "knowing" violations – the highest level – and was penalized a total of $63,000.
Torres said Mid-America's fines were cut from a maximum of $210,000 because of a lack of history with other violations as well as federally mandated reductions for small employers of less than 25 workers.
Among the problems, Mid-America did not provide cross-bracing for the load-bearing roof as recommended by the manufacturer; did not consider the soil conditions at the location; and did not designate a competent person to supervise, according to the findings.
Torres said the company "knew the regulations and chose not to comply with them."
A statement from Myra Borshoff Cook on behalf of Mid-America Sound disagreed with the findings and said the company strongly objects to its classification of knowing violations.
"Mid-America Sound was consistent and clear with the Indiana State Fair Commission about the limitations of the temporary roof structure in high winds or severe inclement weather," the statement said. "Each year for nearly a decade, we warned the commission, in writing, that 'The roof or top shall not be used in high winds and or severe inclement weather. High winds meaning 25 mph and above. In the case of the structure used for the Sugarland concert, the threshold was 40 mph for evacuation."
On the night of the collapse, Borshoff Cook said a Mid-America employee reconfirmed with State Fair leadership that if there was lightning or wind speeds of 40 mph or more, the area should be evacuated.
"Despite these warnings, the Indiana State Fair Commission, who controlled the venue, and Sugarland, who controlled the concert, refused to postpone the concert and failed to implement an evacuation plan away from the temporary roof structure," the statement said.
Winds that night reached between 60 mph and 70 mph, according to weather reports.
Failure to evacuate
The Indiana State Fair Commission, hit with one serious violation for failure to conduct a life safety evaluation, was fined $6,300.
Torres said the commission had a minimal emergency plan but didn't do enough to plan for adverse weather.
"A decision to evacuate employees – as well as attendees – should have been made well before the wind gust hit," she said.
The fair commission also moved slowly to make a decision and the weather came in faster than expected, Torres said, adding the commission wasn't in frequent enough contact with the National Weather Service to make good decisions.
"This is not a finding that no one would have been injured, but a finding that this employer did not have an adequate emergency response plan," she said.
Andre Lacy, Indiana State Fair Commission chairman, responded Wednesday by saying the commission was still reviewing the Department of Labor findings.
"Our hearts continue to go out to the victims and families of those whose lives were forever impacted by the events of Aug. 13," he said.
"Though the IOSHA report focuses on employee safety standards, the commission initiated a review of all of its operational safety policies and practices several months ago. As those relate to employee safety, we have created a new emergency-management-officer position to assist with improving emergency action plans, and completed emergency evacuation training for all employees."
The most controversial finding was levied against Local 30 of the International Alliance of Theatrical Stage Employees, including Theatrical Payroll Services – a union that was cited with three serious and one non-serious violation, with a total fine of $11,500.
Torres said it was the first time the state agency has ever cited a union as an employer and acknowledged the unusual dynamic.
She listed a number of reasons why the union should be considered the employer rather than the State Fair Commission.
Among those reasons:
•The commission did not supervise or discipline the stagehands;
•The benefits and payroll were handled by the union;
•Unemployment and worker's compensation for injured and killed employees was handled through the union;
•The state provided no equipment, tools or training for the stagehands.
One stagehand, Nathan Byrd, died when the rigging fell. He had been seated in an upper truss to operate a spotlight.
Union resistance?
Torres also noted that the entire investigation was hampered because the union refused to cooperate in many ways.
William Groth, attorney for the union, said IOSHA's contention that Local 30 was acting as an employer is nothing short of absurd.
He said the union functioned under the contract with the State Fair Commission as a referral service.
"Local 30's contract with the (commission) provides it possesses 'complete and unfettered rights, powers, privileges, prerogatives, and authority over all matters relating to its business, the employees, and the employment relationship.' It repeatedly refers to Local 30's members as the SFC's 'employees,' " Groth said.
The union is contesting the Board of Safety Review's findings, which could eventually end up in court.
Torres and Deputy Labor Commissioner Jeff Carter defended themselves against allegations that they fined the union to avoid further damage to the State Fair Commission.
"There was no interference. We were told to follow the facts," Carter said.
The results of two other investigations are still pending.
Indiana also has hired two out-of-state companies to review the stage collapse and the state's emergency response to the disaster.
Those reports are expected in the next several weeks.
