Stage rigging collapses at Indiana State Fair

[teqniqal]

From
The problem is, inspected by whom? There are probably less than ten industry experts I'd personally trust to do this type of inspection. None of them a city/county/state inspector. Further, if they are inspecting solely for compliance with a manufacturer's specifications, don't we think that's already being done? I have a very strong suspicion that the evidence will eventually show that the Indiana State Fair structure met all requirements and was assembled in accordance with its manufacturer.

Will requiring a state inspection make things safer?

This is just a start. Any proposed bill takes multiple revisions before it is accepted as law. Let's wait until we see the published engineers forensic analysis before we jump to conclusions about the state of the canopy structure on that fateful day.

[mstaylor]

It always amazes when legislators start passing laws before they have a clue what really happened. I had a local inspector last year say he wanted a flip stage tied down. I asked him if he realized there was a complete unit that flips out of a trailer?

[venuetech]

well its one step for better or for worse.
PLSN

PLSN news
Bill Requiring Outdoor Staging Permits, Inspections Passes Indiana State Senate
Written by Frank Hammel
Saturday, 28 January 2012 15:48

INDIANAPOLIS — Indiana’s lawmakers, undoubtedly mindful of the Aug. 13, 2011 Indiana State Fair staging collapse that killed seven people, made progress in late January toward the establishment of a new state law that will govern the use of outdoor staging. Senate Bill No. 273 passed and was forwarded to the state’s House of Representatives for consideration. Although it may be modified further in the House, it will most likely require permits for any event after June 2012 where staging structures are in use.

The current version of SB 273 can be downloaded from:

http://www.in.gov/legislative/bills/...B/SB0273.1.pdf

[derekleffew]

Developing news:
Agency cites Indiana State Fair, stagehands union, sound company in fatal stage collapse | The Indianapolis Star | indystar.com

From Indiana State Fair Collapse Report Blames Mid-America and IATSE? | Jim On Light :

Something I find confusing and disgusting is that:

1. Governor Daniels has not acknowledged that the State has any blame;
2. the PRODUCERS of this event haven't had any blame placed on them, either.

Does anyone else find this disturbing?

EDIT: IA Local 30 takes the position that they're not responsible for anything:Stagehands union refutes state's fair collapse findings - 12 WTHR

EDIT: JohnHuntington has replied to me privately:

I posted a couple videos on my blog from the IOSHA press conference and links to the actual IOSHA reports. I'm traveling all over the place this week so I don't have time to post on ControlBooth ...

[avkid]

$63,000......really?
That's nothing.

[techieman33]

$63,000......really?
That's nothing.

The fines usually are, it's the lawsuits that get expensive.

[mstaylor]

The union is saying they are blameless. I don't necessarily agree, I think they did schedule the labor and supply the training. I agree citing them for not inspecting the soil conditions is crazy. That falls to the stage supplier and the fair. Also not supplying belts is stupid. Every guy should be supplying their own gear. I didn't realize belts were even an issue. I do agree that the union is not the employer.

[ruinexplorer]

There's careful wording there. The union is not culpable for the fines as those are placed on an employer, which the union is not. This is not to say that Mid-America nor the Indiana State Fair could not sue the union to recoup losses due to negligence of any of the members. After all, if one of those employers stated that they needed a certain amount of riggers, and the union supplied them, they should know the training of those members (or over-hire). Of course, an employer can always request information on the capability of certain individuals, but that is rare indeed. I'm most astounded that the fines to the State Fair were not higher since they were the employer at the time of the collapse and ultimately who should have called the show.

[MNicolai]

The union is saying they are blameless. I don't necessarily agree, I think they did schedule the labor and supply the training. I agree citing them for not inspecting the soil conditions is crazy. That falls to the stage supplier and the fair. Also not supplying belts is stupid. Every guy should be supplying their own gear. I didn't realize belts were even an issue. I do agree that the union is not the employer.

I would argue that Mid America engineered the structure and would've been the ones responsible for ensuring Local 30 erected it properly.

That said, Mid America claims they informed the Fair the structure was not designed for winds in excess of 40mph and that at that point the area should be evacuated.

If true, all of the blame I care about (injury, loss of life) falls on the Fair for ignoring that declared limitation and it's be up for debate whether the Fair or Mid America should be responsible for property damages.

Had the Fair heeded that warning, some property would be damaged but nobody would have been put in harm's way.

You cannot expect the Local 30 crew to have any structural engineers on staff to design the structure or verify it's resiliency. They are there to bolt trusses together and assemble the structure as someone else has designed it.

[mstaylor]

I would argue that Mid America engineered the structure and would've been the ones responsible for ensuring Local 30 erected it properly.

Agreed, Local 30 supplies the guys, they are told what to do. The riggers are trained though and if they had concerns they should express them. Ultimately it is Mid America's responsibility.

That said, Mid America claims they informed the Fair the structure was not designed for winds in excess of 40mph and that at that point the area should be evacuated.

Probably true.

If true, all of the blame I care about (injury, loss of life) falls on the Fair for ignoring that declared limitation and it's be up for debate whether the Fair or Mid America should be responsible for property damages.

Both, Mid America should have a rep babysitting the structure. The Fair is ultimately responsible for pulling the show down. Sugarland is equally responsible for show cancilation.

Had the Fair heeded that warning, some property would be damaged but nobody would have been put in harm's way.

They certainly should have pulled the show down but ther would have been no way to drop the roof, so it would have gone anyway.

You cannot expect the Local 30 crew to have any structural engineers on staff to design the structure or verify it's resiliency. They are there to bolt trusses together and assemble the structure as someone else has designed it.

I agree completely. As I said higher up, they have trained riggers, if they have concerns they need to express them. The thing is, I don't believe the structure was assembled incorrectly or unsafely. At that point, 30 is out of it. Putting as much crap on the roof as they did, coupled with high winds is what made it fall down.
To me the responsible parties are the Fair, Sugarland and the promoter. MidAmerica to a small part because they owned it.

[avkid]

The thing is, I don't believe the structure was assembled incorrectly or unsafely. At that point, 30 is out of it. Putting as much crap on the roof as they did, coupled with high winds is what made it fall down.

I disagree. If you recall, the structure had recently been improved by James Thomas Engineering for this exact situation. MidAmerica did not build it according to the plans supplied by the engineers at James Thomas.

[gafftapegreenia]

MidAmerica did not build it according to the plans supplied by the engineers at James Thomas.

Got a linky?

[shiben]

I disagree. If you recall, the structure had recently been improved by James Thomas Engineering for this exact situation. MidAmerica did not build it according to the plans supplied by the engineers at James Thomas.

"Modified by James Thomas" and "Plans by James Thomas" kind of go together. If the thing was modified by the designer to handle a larger load, Imma go ahead and say they probably A used some computer modeling to assess it and B probably produced new engineering drawings. Seems highly doubtful that Thomas would engineer a new structure, tell a couple guys how that worked and then wash their hands of the project.

[shiben]

Every guy should be supplying their own gear. I didn't realize belts were even an issue.

IIRC PPE is the responsibility of the employer for the most part from an OSHA standpoint. The view is if the company is placing you in a situation requiring PPE, you should be at least paid to compensate you for buying or have bought for you some PPE. At least thats how it works at factories and industrial places here...

[cbrandt]

It is generally assumed that every rigger will supply their own gear, because they'll be more comfortable with the safety of it. However, it is the responsibility of the employer to inspect said gear at every gig to make sure that it passes safety standards. Just because someone else brought it, he's still using it on your job site, and you're responsible for it.

[len]

I disagree. If you recall, the structure had recently been improved by James Thomas Engineering for this exact situation. MidAmerica did not build it according to the plans supplied by the engineers at James Thomas.

If I understand you, Thomas built the original stage, and then modified it per request of Mid-America, or whoever. If that's true, then the person(s) who designed/engineered the modification (i.e., Thomas or whoever), along with the person(s) who requested it, are both culpable, IMO. Now if I were with Thomas (or whoever built and/or modified the stage) I would want to be there to make sure that my modifications were assembled correctly. I'd also want to know exactly what kind of weight/stress was being placed on it, and verify that the actual extra weight/stress was equal to or less than the stress factors I was given when I was asked to do the modification.

[MNicolai]

If I understand you, Thomas built the original stage, and then modified it per request of Mid-America, or whoever. If that's true, then the person(s) who designed/engineered the modification (i.e., Thomas or whoever), along with the person(s) who requested it, are both culpable, IMO. Now if I were with Thomas (or whoever built and/or modified the stage) I would want to be there to make sure that my modifications were assembled correctly. I'd also want to know exactly what kind of weight/stress was being placed on it, and verify that the actual extra weight/stress was equal to or less than the stress factors I was given when I was asked to do the modification.

Good questions to be asking, but the answers are superfluous if the Fair was in fact told not to use the structure with winds in excess of 40mph. Doesn't matter who put the structure in the air or designed it. The winds at the time of the collapse were estimated at 60-70mph -- much greater than the structure was designed to support.

It doesn't change the fact that the roof should have been brought down or that temporary outdoor roof/stage structures should be designed for this kind of bad weather, but this structure did last longer than it was engineered and did not fail prematurely.

The only "out" for the Fair IMO is if they specifically requested a structure stronger than the one that was built and Thomas/Mid-America underdelivered. Otherwise Thomas and/or Mid America got their out when they said "Evacuate at 40MPH+ winds" unless in the moment a representative from one of those parties explicitly gave the OK for the show to continue.

Something smells fishy about why the show wasn't cancelled and I don't think Local 30, Mid America, or Thomas had a hand in the show going on other than that people like Nathan Byrd had gone into his followspot chair and hadn't refused to do the show. I'm also willing to guess someone like Nathan wasn't in a position to know what the trusses were rated for, nor that a strong line of winds was approaching the staging areas.

[mstaylor]

IIRC PPE is the responsibility of the employer for the most part from an OSHA standpoint. The view is if the company is placing you in a situation requiring PPE, you should be at least paid to compensate you for buying or have bought for you some PPE. At least thats how it works at factories and industrial places here...

In industrial and munufacturing plants you are talking about mostly fall protection for lifts or ladders. Theatrical riggers and steel erectors generally supply their personal gear. Some companies, including mine will supply them but most insist on their own. This can lead to a standoff. I will not wear a tour supplied belt. Many tours won't allow you to wear your own. I have never seen a union supply any gear for anybody.
I was unaware there any special modifications had been made to the stage. From an OSHA standpoint Local 30 has little or no responsibility. I know when we do outdoor stages we depend on the staging company to make the call if their roof will hold the show. The staging company has to be in on the conversation of weather.

[teqniqal]

There's careful wording there. The union is not culpable for the fines as those are placed on an employer, which the union is not. This is not to say that Mid-America nor the Indiana State Fair could not sue the union to recoup losses due to negligence of any of the members. After all, if one of those employers stated that they needed a certain amount of riggers, and the union supplied them, they should know the training of those members (or over-hire). Of course, an employer can always request information on the capability of certain individuals, but that is rare indeed. I'm most astounded that the fines to the State Fair were not higher since they were the employer at the time of the collapse and ultimately who should have called the show.

The situation with Local 30 is NOT the same as with most other locals, and this is the reason that IOSHA has determined that they would fine them. In Local 30 the officers operate a business entity that process payroll and contracts workers, making them an employer. This is very different than most other union offices. Also, the fines are for the damages done to the Union Local 30 employees, not the general public, or the State Fair Commission, or Mid America Sound, or James Thomas Trusses, or any of the other parties.

[ruinexplorer]

Yes, they operate a payroll service out of their office, but I don't know the fine line in Indiana whether or not they define that payroll service as an Employer of Record, which would then be the employer of those union hands. However, since the payroll service is listed as being incorporated, then it is technically a separate entity from the union. In any case, I would say that there will be better definitions as to what an employer actually is, and the responsibilities for off site work as in the case of Employer of Record. Will the law require that all employees not working at the physical location of the "employer" now have to have a safety officer at the job site. If so, how many employees would have to be working before that additional employee were mandated at that site.

Of course, the fines levied against Local 30 were only for those employees and not others, since those were separate fines. Plus, OSHA (granted this is IOSHA which may be slightly different) is only responsible for the workers, never the general public. This is why there were no fines for the death of the Christmas Pageant rigging death a few years back. The girl who died and the rigger were both volunteers, not covered under OSHA.

[derekleffew]

Just unbelievable. Read the whole thing. Look for Sugarland to replace its legal team soon.

Sugarland lawyer blames fans hurt by stage - Entertainment - Music - TODAY.com

Fans who were killed and injured when stage rigging and sound equipment collapsed onto them as they awaited a Sugarland concert at the Indiana State Fair failed to take steps to ensure their own safety and are at least in part to blame for their injuries, the country duo's attorneys said. ...
"Some or all of the plaintiffs' claimed injuries resulted from their own fault," according to the response. Sugarland attorney James H. Milstone would not elaborate Tuesday on whether that statement included those killed as well as the injured.

-----
From an uncredited post on Facebook:

Country duo Sugarland has denied negligence claims against it, responding to a lawsuit by saying that a fatal stage collapse last year at an Indiana State Fair was "a true accident, or act of God."
In an affidavit from a lawsuit against one company, the fair's executive director says she twice sent the show's promoter to talk to Sugarland in an effort to delay the show.
Twice the answer came back -- we want to go on, according to the deposition by Cynthia Hoye, the executive director of the state fair, according to the court filing.
But in a separate document contained in a state report on the incident, Sugarland tour manager Helen Rollins said no one asked the band to delay its set.
The band also said "they had nothing to do with the construction of the venue" and did not have the final say if the show should happen or not.
Court and state documents reveal differing accounts of what happened.
Several families of victims from the August incident have filed a lawsuit against Sugarland, contending it was negligent in the stage collapse that left seven people dead and more than 40 injured.
The incident occurred after a storm toppled scaffolding just as the country band was about to take the stage.

[avkid]

Just unbelievable. Read the whole thing. Look for Sugarland to replace its legal team soon.

Sugarland lawyer blames fans hurt by stage - Entertainment - Music - TODAY.com

They need to fire their lawyers and PR firm.

[mstaylor]

The fans bear some responsibility for their personal safety but the powers to be should know more and make the right calls. I don't believe for a minute the band wasn't consulted about weather and possibly canceling.

[LavaASU]

Hey, does anyone have a saved copy or a working link to the video/audio of the doctor saving the kid? It seems to be private now and I can't find a copy so I guess I didn't download it. I want to show it to some of our new crew.

[MNicolai]

Hey, does anyone have a saved copy or a working link to the video/audio of the doctor saving the kid? It seems to be private now and I can't find a copy so I guess I didn't download it. I want to show it to some of our new crew.

I would also be interested in that link/file if anyone has it.

[Van]

Hot off the presses: More findings and statements. Thornton Thomasetti Inc. finds that the Jersey barrier ballast was insufficient and the entire structure was not adequately rated for even the minimum expected wind conditions. The Governor wasted no time in stating his willingness to share the information from Thomasettis reports with other states. < read that as " Hey don't blame us we didn't know, here let us make a humanitarian like gesture and pray no one else tries to sue us." >


Reports: Indiana State Fair stage where seven died was inadequate - CNN.com

[derekleffew]

...the Jersey barrier ballast ...

Politically (semi-) correct term for mafia block?


Plastic Jersey | Temporary Plastic Barricades & Barriers

To me, that's a K-rail. (And we learned from the movie Volcano that the concrete version can redirect lava flow, and save Los Angeles.)
-----

...system had grossly inadequate capacity to resist both the minimum code-specified wind speed (68 miles per hour) and the actual wind speed that was present at the time of the failure (approximately 59 miles per hour)," according to a report by Thornton Tomasetti Inc., an engineering firm.

Exactly what "code" for temporary entertainment structures specifies minimum 68 mph wind speed?
-----

"We will share freely all these findings and suggestions with any state who will listen, starting later this month at a national meeting in Indianapolis about national safety standards for outdoor temporary stages and structures."

Funny, I haven't seen anything in the trade mags or social media about this "national meeting." I wonder if any entertainment professionals/PLASA/ESTA will be invited?

[teqniqal]

Funny, I haven't seen anything in the trade mags or social media about this "national meeting." I wonder if any entertainment professionals/PLASA/ESTA will be invited?

There is a bit of information here at the Event Safety Alliance site: (www.eventsafetyalliance.org)

The full report from the Indiana State Fair Commission can be found here: www.in.gov/sfc

[ruinexplorer]

So, there have been some staffing changes at the Fair Grounds as reported here.

I found this iteresting, the guy responsible for the fair's safety and security was promoted after all this.

Fairgrounds facilities manager Dave Hummel has retired and will be replaced by Ray Allison, who had been the fair’s director of safety and security.

[JohnD]

I just ran across this concerning one of the stagehands.
Injured Stagehand Denied Victim Compensation in Indiana Collapse | SPLnetwork.com

[derekleffew]

Indiana State Fair Collapse Evidence Stolen - Indiana News Story - WRTV Indianapolis

[gafftaper]

DOH!

That's really amazing. Apparently in Indiana evidence is not stored in a secure area. Unbelievable.

[derekleffew]

51 Claimants Accept Stage Collapse Settlement

[Footer]

So, we have a 2 day+load in day conference in our space and today I got the agenda. The conference is centered around NYS homeland security which includes state fire, national guard, police, and all that fun stuff. In that, this is an included session happening on my stage:

3:35 p.m. - 5:15 p.m. Indiana State Fair Stage Collapse: Lessons Learned in Mass Gathering Planning
Presenter: Joe Wainscott, Director, State of Indiana Department of Homeland Security;
Moderator: Jerome M. Hauer, Commissioner, Division of Homeland Security and Emergency Services
Description: On August 13, 2011, a stage collapse at the Indiana State Fair caused the death of seven people. The State of Indiana conducted an exhaustive investigation and found numerous deficiencies that contributed to the tragedy. As a result, the State of Indiana made several changes to its practices and laws. Indiana State leaders will discuss county and state fair planning, including the State's response to the incident, lessons learned, and changes to State law and code enforcement practices.

So, if you are in NYS it would not surprise me to see more oversight in this area in the coming year. They are at least paying attention to it.