OSHA: Fire department ignored firefighter safety, sofa store ignored employee safety
Updated 02:22 p.m., September 20, 2007
The state Occupational Safety and Health Administration cited the Charleston Fire Department for one willful violation involving firefighter safety and three serious violations having to do with some firefighters on the scene not wearing full protective gear and air tanks. The city was fined a total of $9,325 for the violations.
OSHA released its report today on the June 18 Sofa Super Store Fire that killed nine city firefighters.
One of the serious violations involved the fire department's failure to have procedures on fighting a fire in a structure with a steel truss roof design. This type of building construction is known to collapse within minutes when exposed to fire and is widely reviled by firefighters around the country.
The fire department also lacked a command system to adequately protect its firefighters, the report says.
The Sofa Super Store was cited for one willful violation and two serious violations involving locked or improperly working exit doors and fire doors. The store was fined a total of $32, 775 for the violations.
Read the investigative summary.
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SamKentov (anonymous) says...
To the the Brave 9 that gave it all! You will never be forgotten. Your Sacrifices will not be in vein.
September 20, 2007 at 2:09 p.m. ( permalink | suggest removal )
oldcap (anonymous) says...
To my brothers:
We knew all along that the department let you down. Now it is in black and white and the next report will be even more damning.
RIP Brothers.
September 20, 2007 at 2:24 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
God Bless the Chas. 9....Never forget!
Thank you staff..couldn't get it to work...
September 20, 2007 at 2:30 p.m. ( permalink | suggest removal )
RTC (anonymous) says...
nickie, you are the most polite person on the forums, and you had a comment removed?
I missed it, darn!
September 20, 2007 at 2:43 p.m. ( permalink | suggest removal )
RTC (anonymous) says...
The big hammer is falling.
Thanks should go out to all of those who are fighting so hard for the souls that have been silenced.
September 20, 2007 at 2:50 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
RTC...not because it was bad, but I couldn't get the link to work, and I posted that(at least I assume that is why it was deleted)...I think I was trying too soon before it was completely up...LOL Thank you for saying I am polite...I try..
Does anyone understand how OSHA works? Why is there such a small cap for public organizations regarding fines? I was thinking they should both (CFD and Store) have HEAVIER fines..
September 20, 2007 at 2:52 p.m. ( permalink | suggest removal )
whome (anonymous) says...
Generally civil fines are pretty small regardless of whether it's an individual or public organization. The problem is that when fines get much larger, then they become punitive or criminal; at that point, due process get implicated. If you think about it, the fines would usually be the same (since the underlying violation was the same) regardless of the injuries. Now if you're talking about damages based on violations (especially the "willful" one), that's a different matter...
September 20, 2007 at 3 p.m. ( permalink | suggest removal )
aconcernedcitizen (anonymous) says...
See below from the report on how the fines are calculated.
Violations Defined
• A willful violation is one committed with conscious or voluntary disregard of the requirements of the South Carolina Occupational Safety and Health Act or plain indifference to employee safety or health. The maximum penalty for a willful violation for a private sector employer is $70,000; for a public sector employer, the maximum is $7,000.
• A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard. The maximum penalty for a serious violation for a private sector employer is $7,000; for a public sector employer, the maximum is $1,000.
How penalties are computed
• Penalties are computed after consideration of the following factors: probability and severity of an injury that could occur (number of employees exposed, frequency and duration of exposure, proximity of employees to hazard and partial efforts to protect against the hazard), employer's size, regulatory history and good faith. These factors are the same whether OSHA identifies the violation during a general schedule, complaint or accident/fatality inspection.
• There is a difference in the penalty charts for public and private sector employers. The state recognizes that all public sector penalties are ultimately paid by the taxpayer. We have worked to make them large enough that they catch the attention of local officials and media but not so large that they interfere with the more important use of the limited public funds which is to provide safe working conditions for employees.
• The penalty structure, first established in the Occupational Safety and Health Act of 1970, was not designed by the U.S. Congress as a punishment for violations. No fine can compensate for the loss of a life. Instead, penalties are designed to serve as an incentive for employers to correct violations voluntarily.
• Compensation for a worker death does not fall under OSHA's authority. Compensation comes through a wrongful death action, workers' compensation or other avenues.
September 20, 2007 at 3:09 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
whome,
That is exactly what I was referring to..the willful violations...I guess I don't understand why they aren't higher on both sides...
September 20, 2007 at 3:09 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
aconcernedcitizen,
Thank you..but why not fine them BOTH for EACH fatality? Increasing the maximum...Why such a difference in public and private...both are responsible for failures...maybe I am missing something?
September 20, 2007 at 3:17 p.m. ( permalink | suggest removal )
FiddlerCrab7 (anonymous) says...
Here's additional info about OSHA:
State Level
http://www.llr.state.sc.us/Labor/Osha/
http://www.llr.state.sc.us/Labor/Osha...
Federal Level
http://www.osha.gov/Publications/osha...
http://www.dol.gov/compliance/guide/o...
September 20, 2007 at 3:27 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
that plus the measly amount from the City...what?... $9,325? Hardly a fitting amount for nine men's lives...
September 20, 2007 at 3:47 p.m. ( permalink | suggest removal )
burton (anonymous) says...
This is only the beginning. When the rest of the reports come out, the lawsuits will start flying! The $60,000 question is what are the voters of Charleston going to do? The same you been doing for the past 32 years? Get rid of King Riley and you get rid of the lame duck Chief.
September 20, 2007 at 3:53 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
I agree with Nickie. Why not a fine PER employee involved?
September 20, 2007 at 3:54 p.m. ( permalink | suggest removal )
Fire_Inspector (anonymous) says...
Nickiegarbeil asked
"Does anyone understand how OSHA works? Why is there such a small cap for public organizations regarding fines? I was thinking they should both (CFD and Store) have HEAVIER fines..."
1) Legislation establishes how much OSHA can fine anyone and the factors that are involved in precitation reductions (above) and post citation reductions. SC OSHA must be AT LEAST as strict as Federal OSHA due to the way State OSHA plans are established.
2) The reason government entities get such low fines is this is essentially an "intergivernmental transfer" of $. So there are no share holders or corporate officers.
3) OSHA fines are not really meant to be punitive, they are meant really just to get your attention. AND to be fair, OSHA is prohibited from citing people unless there is criminal conduct. So OSHA couldn't cite Rusty unless they believe he criminally (as opposed to negligently) caused the deaths/ injuries/ losses...
I have done a fair bit of work with OSHA through the years and have LITERALLY been inspected dozens of times. Only twice have my projects been cited (and BOTH times I HAD IT IN WRITING I had warned them in advance).
If Charleston wants some unsolicited advice: Get an informal conference and request reductions. Most of the time you can get the citations reduced (I have done this many times on a "per case basis")
NOTE: at least one citation is "willful" which is a term often used by OSHA before they refer cases for criminal proceedings...
September 20, 2007 at 4:01 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Fire_Inspector,
Elaborate on the "criminal proceeding" possiblity, please?...I didn't think that would be an option toward the City, OR are you referring to the Owner (I know that one is criminal for barring the doors)
September 20, 2007 at 4:07 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Hopefully this will put an end to the whining criticism about "finger pointing". Three serious violations and one willful violation involving (no surprise) Incident Command. Rusty: "We will stand tall and we will continue to fight fire since time was time." Rusty: Time is up!
September 20, 2007 at 4:12 p.m. ( permalink | suggest removal )
aconcernedcitizen (anonymous) says...
Truthfully it's probably for the best that the fines were low. That money needs to be directed to LDH, new uniforms, training programs, new appratus, staffing etc. The mizerly old mayor would use a large fine as an excuse to do very little to improve the department.
September 20, 2007 at 4:19 p.m. ( permalink | suggest removal )
Kytten104 (anonymous) says...
Why didn't OSHA know any of this before? Are SC fire departments reviewed every so often to make sure they are up to code? They certainly should be.
September 20, 2007 at 4:23 p.m. ( permalink | suggest removal )
Fire_Inspector (anonymous) says...
nickiegarbeil:
OSHA can (and has) sent cases where they felt there was a willful disregard for life to the appropriate agency (in SC this would be the LSED?) to see if there is sufficient reason to pursue a criminal case against parties involved.
So Rusty and/ or his chief officers might get a "wanton endangerment" or "negligent homicide" chage placed against him.
The SSS owner might get the same.
ALSO, the "willful" nature of the charges makes them a LOT STRONGER in any pending civil action (like a lawsuit) since willful means that someone KNEW or SHOULD HAVE KNOWN that there was a problem.
This looks bad for Rusty as far as his career. Likely there is a "soverign immunity" clause that protects Rusty from civil damaged (I don't know SC law) or a special exemption for firefighters and cops acting within the scope of their authority.
BUT again, the term willful is hard to avoid. And deliberate actions are NOT covered by most of the varied shielding laws in most states...
September 20, 2007 at 4:25 p.m. ( permalink | suggest removal )
FiddlerCrab7 (anonymous) says...
There's also an article on www.firehouse.com.
http://cms.firehouse.com/web/online/C...
If you look at some of the video links at the bottom of the story, you can see situations in which PPE isn't worn.
September 20, 2007 at 4:28 p.m. ( permalink | suggest removal )
Fire_Inspector (anonymous) says...
classic cases include the cyanide film and ford pinto cases.
A decent summary is covered here: http://multinationalmonitor.org/hyper...
This is an explanation of what OSHA dies if they think a crime has been committed...
http://smallbusiness.findlaw.com/book...
Here is an account of a case in SC where work related deaths resulted in jail time. http://www.pbs.org/wgbh/pages/frontli...
"Smith and Dennis were the owners of South East Towers, a South Carolina communications tower company. One of their employees, John Christiansen, was killed in 1995 when he fell 150 feet while retrieving equipment from a tower in Jacksonville, Fla. According to OSHA, the two men tried to cover up the fact that Christiansen was not wearing the proper safety equipment when he fell. Smith and Dennis pled guilty to a willful violation in April 1997 and each was sentenced to three months in prison. The two men were also ordered to pay more than $7,300 restitution for Christiansen's funeral."
September 20, 2007 at 4:39 p.m. ( permalink | suggest removal )
Fire_Inspector (anonymous) says...
SC OSHA most cited list (for public sector employers): http://www.masc.sc/rms/
Note that if OSHA really wanted to take Charleston out to the woodshed they could have cited them for a lot more than they did...
Give me a week with all the known video (and audio) tapes and a copy of Charlestons records (training and SOP) and I GUARANTEE you I can cite them for over $200,000. And have time for a long weekend to boot.
September 20, 2007 at 4:48 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
Fire Inspector, why are the fines levied for each FF that died?
And, in your opinion, does the Riley good ole boy system extend to SC Osha??
September 20, 2007 at 4:57 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Kytten,
I think you asked a fantastic question...The unfortunate reality is that OSHA is over tasked by hundreds and hundreds of places to inspect...undermanned and under experienced in some instances...not an excuse a reality...
The City and specifically the CFD Safety officer, or the Chief in lieu of having one, is responsible for knowing if they are in violation of OSHA policy...not OSHA informing the City of changes...
Respectfully
September 20, 2007 at 5:13 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Did everyone catch the City's Response to the OSHA Report on Channel 5 at 5:00. Riley said they are contesting all charges. He ended by saying that in the event there is another, heaven forbid LODD in South Carolina or anywhere else, they will be told "go to Charleston" to learn how to fight fire. Channel 5 cut away when the questioning got good.
September 20, 2007 at 5:16 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Fire_Inspector,
Thank you for that explanation...I agree that it definitely doesn't look good for Rusty's career...
September 20, 2007 at 5:26 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Vesta,
I noticed that too! Why cut away during questions? Hmmmm
September 20, 2007 at 5:28 p.m. ( permalink | suggest removal )
FiddlerCrab7 (anonymous) says...
I meant to add that if you view the videos, take note of the protective gear of not only some of the firefighters but also some of the leadership.
I can understand the desire of some of the off-duty ff to pitch in given the severity of the fire -- that's human nature -- but I would think a safety officer would typically be on hand to enforce guidelines. Furthermore, leadership should be setting appropriate examples.
The video links are at the bottom of this article:
http://cms.firehouse.com/web/online/C...
September 20, 2007 at 5:36 p.m. ( permalink | suggest removal )
ssm (anonymous) says...
The questions continued on the Live 5 feed. It may still be there.
September 20, 2007 at 5:50 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
thank you ssm
September 20, 2007 at 5:51 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
joe riley ***** "BUSTED"
rusty thomas ****** "BUSTED"
********* WILLFUL VIOLATIONS **********
Remember city of charleston, mayor joseph p. riley, jr., your words days ago; " The buck stops here "
Your actions have made the city of charleston, and its citizens a point of ridicule. I demand both you and the fire chief quit your jobs and get out of our face.
September 20, 2007 at 6:26 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Henry Fishburne gave a short interview tonight, during which he calls for the resignation of Chief Rusty Thomas AND Chief Garvin for their roles in the SSS tragedy...It aired on Channel 2...
He stated he felt that RT and Garvin should voluntarily step down(retire), and if they do not, that he felt they should be asked to step down by the Mayor...if the mayor chooses not to, he suggests the citizens need to come forward and voice that strongly...
THANK YOU HENRY FISHBURNE!
September 20, 2007 at 6:52 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
ssm: I have been back to the site twice and the questions, which appeared to be important, are not there. Do you remember what the questions were and what Riley's answers to those questions were? Thanks
September 20, 2007 at 6:59 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Thank you Henry Fishburne! If the mayor continues to keep his head in the sand, we need to petition and vote on changing the government of the city of Charleston to a strong city council, weak mayor.
September 20, 2007 at 7:02 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Vesta check your mail!
September 20, 2007 at 7:03 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
New campaign song for the mayor joseph p. riley jr. reelection bid.
This one is for you rusty, from joe.
http://www.youtube.com/watch?v=hMenB9...
September 20, 2007 at 7:15 p.m. ( permalink | suggest removal )
OldChasFirefighter (anonymous) says...
I am let down by Osha's report today. It looks to me like the inspector really might not know that much about the subject. What happened to "Industry Standards" and "Recognized Safe Working Practices"? However, does this not give the civil lawsuits something to work with. I know from seeing things in the past that sometimes the civil lawsuits get more action and change because of the amount of money involved. Lets hope that it helps the cause here.
God bless the men of the CFD and God bless the 9.
September 20, 2007 at 7:17 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
OldChasFirefighter,
I am told that the mere language of "willful" COULD...I repeat COULD be a prelude to criminal charges..That is just a POSSIBILITY...
Exorcist_pencocky, please check your private messages, if possible.. :)
September 20, 2007 at 7:19 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Nickie: back at you!
September 20, 2007 at 7:22 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
BTW: have any of you noticed that the John Pundt video has been "doctored"? This is the one that appears on YouTube. I have to wonder if the independent panel viewed this "change of order" of the video. youtube.com. There is a search box and you have to type in John Pundt.
September 20, 2007 at 7:30 p.m. ( permalink | suggest removal )
Pluffmuddy (anonymous) says...
As a little break from the seriousness in this thread, check out this link...talk about "willful" misconduct! ;)
http://newsbiscuit.com/article/fire-b...
September 20, 2007 at 7:31 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
No kidding pluffmuddy! ;)
Vesta, what do you mean "doctored"?
September 20, 2007 at 7:45 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
The order of events are changed. Watch the youtube.com and see what I mean. In the youtube.com, it appears that the "heavy fire" is at the beginning of the video and at the end, you see them breaking out windows. It didn't happen that way.
September 20, 2007 at 7:50 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Great...as if the situation wasn't bad enough, someone has to try to cover up a youtube video? THAT'S pathetic
September 20, 2007 at 7:54 p.m. ( permalink | suggest removal )
FiddlerCrab7 (anonymous) says...
As far as youtube videos are concerned, I was surprised to see the mayor mention the word "fun" in this video that was apparently filmed for the presidential debate.
In the aftermath of the fire, perhaps he could have asked about something more substantial, such as safety issues or training/equipment grants for fire departments?
http://www.youtube.com/watch?v=1SGn5M...
September 20, 2007 at 8:11 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
isn't the original Pundt video still on this website?
September 20, 2007 at 8:25 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
charleytwongirl: Is it? I certainly hope so.
September 20, 2007 at 8:30 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
When I try to bring up the video I get a page not found error on the P&C site
September 20, 2007 at 8:30 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
Perhaps the best thing the citizens of charleston can do now, is starting 9:00am EST tomorrow start calling the office of the mayor.
Tell him you want the fire chief "fired".
September 20, 2007 at 8:35 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
Good idea, but you'll never reach the mayor. Rumplestiltzkin will be trying to spin straw into gold!
September 20, 2007 at 8:43 p.m. ( permalink | suggest removal )
OldChasFirefighter (anonymous) says...
This might be small for most, but it sticks out in my mind and in my heart, the OSHA report says the 9 died from smoke inhalation, But I believe that Rae Wooten's report stated that the 9 did not die from the collaspe but from a combination of smoke inhalation and burn related injuries. This was not someone dying in their sleep from smoke inhalation. My friends and brothers burned to death. It might seem like a morbid or small thing to most, but it was a terrible death for all of them. And I can not believe that the people in charge of it all can take it so calmly.
God bless all the men, I miss you every day.
September 20, 2007 at 8:47 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
The local number for charleston city hall is -> 843.577.6970
Of course if you really wanted to be wicked you could call from city hall on your cell phone. In case he wants to talk to you in person.
September 20, 2007 at 8:48 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
OldChasFirefighter - Your memory serves you all too well, it is precisely what she reported.
If they had real empathy for the firefighter in the trenches they would have made sure they were better prepared to fight major fires.
If things are to really change in the CFD, "we will make it so", not the politicians.
September 20, 2007 at 9:01 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
God bless you OldChasFF. I pray for you and your friends every day.
September 20, 2007 at 9:06 p.m. ( permalink | suggest removal )
FiddlerCrab7 (anonymous) says...
Bless you OldChasFF, other firefighters and families who are going through this, and the Charleston 9.
September 20, 2007 at 9:16 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
OldChasFirefighter: Yes, I did remember that. What an awful death. And you are correct, changes will not be made by the mayor or Rusty. The ffs must help the citizens achieve these changes.
September 20, 2007 at 9:20 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Charleytowngirl: I forwarded the original Pundt video (not "doctored") to Nickie and asked her to send it on to you. It is in AVI format.
September 20, 2007 at 9:24 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Vesta...check your PM
September 20, 2007 at 9:27 p.m. ( permalink | suggest removal )
intheknow (anonymous) says...
When Councilman Campbell was found of wrong doing using campaign money for personal use, wasn't it the govenor who removed him from his position on city council? When the Mayor is found negligent Can he be removed?
September 20, 2007 at 9:28 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
ok, Vesta. Thanks
September 20, 2007 at 9:36 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Intheknow,
To the best of my own understanding, Joe isn't committing a crime, so the Governor wouldn't have any real reason to come in and remove him...mush as we would wish some days...I don't know that the negligence COULD even touch the Mayor...I really am not sure on that one...it's a fantastic question...possibly a civil suit maybe? Unfortunately, this situation is very young still, in the grand scheme of it all...it is hard to tell what could come of it all at this juncture...
September 20, 2007 at 9:44 p.m. ( permalink | suggest removal )
exorcist_pencocky (anonymous) says...
Considering the city of charleston fire departments current lack of proper leadership, the inadequate training the brave firefighters have received, the inadequate equipment they have to work with, one has to "wonder if" the city of charleston, mayor joseph p. riley, jr., "really is" a world class leader, as portrayed in the local media.
The smartest thing that the city of charleston, mayor joseph p. riley, jr. could do is to remove fire chief rusty thomas and his lieutenants from their positions.
As for the city of charleston, mayor joseph p. riley, jr. ..... "Bubba, I have met great leaders ..... some great leaders are friends of mine ..... and Bubba, you're no great leader."
September 20, 2007 at 9:56 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
Nickie: check your pm.
September 20, 2007 at 10:14 p.m. ( permalink | suggest removal )
mmeemz (anonymous) says...
Riley has already disputed at least 3 of 4 of OSHA's findings,of course, and wants to enter into the appeals process as quickly as possible. "Who'd have thunk it?" Too bad he didn't display the same urgency for the implementation of the panel's inital recommendations. What a piece of work he is!
September 20, 2007 at 10:14 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
mmeemz..I'm with ya...totally.
Vesta...nothing in there
September 20, 2007 at 10:16 p.m. ( permalink | suggest removal )
vesta (anonymous) says...
I did catch Channel 4 tonight when Sarah DeMarco said that the Mayor announced yesterday that the CFD had already implemented 19 of the panel's 27 suggestions. She said that a fire fighter she talked to said that no more than 6 have been implemented. If the citizens of Charleston do not read the newspaper, perhaps they listen to the television.
September 20, 2007 at 10:18 p.m. ( permalink | suggest removal )
nickiegarbeil (anonymous) says...
Maybe DeMarco will come out hitting hard from now on! I would love to see her get into this deeper...
September 20, 2007 at 10:30 p.m. ( permalink | suggest removal )
bickleseagrave (anonymous) says...
quote charleytowngirl "isn't the original Pundt video still on this website?"
If not it's still here in it's original form
http://www.firehouse.com/videonetwork/
Look under submitted videos!!
September 20, 2007 at 11:23 p.m. ( permalink | suggest removal )
charleytowngirl (anonymous) says...
thanks, Bick
September 20, 2007 at 11:36 p.m. ( permalink | suggest removal )
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