PROVIDENCE -- Six months after The Station nightclub fire that killed
100 people, the federal agency that regulates workplace safety has fined
the club's owners and the entity that owns the band Great White a total
of nearly $100,000.
The U.S. Occupational Safety and Health Administration fined Derco LLC,
which was doing business as The Station, $85,200 for one "willful"
violation and six serious ones.
OSHA said the willful violation, which carried a $70,000 penalty, was
the installation of an exit door that swung the wrong way. The agency
defines willful violations as those "committed with intentional
disregard of, or plain indifference to, the requirements of the
Occupational Safety and Health Act and regulations."
The other violations involved the placement of "highly flammable foam"
on an exit door and surrounding walls, inadequate safety planning and
the failure to train employees for emergencies, the agency said.
The announcement of the fine comes on the six-month anniversary of the
fire, which was the worst in Rhode Island history and one of the worst
club fires in the country.
Legal experts say the ruling could bolster cases against the band and
club owners Jeffrey and Michael Derderian.
"It's not absolute proof of negligence, but it will be used as evidence
to illustrate negligence," said David Yas, an attorney and editor of
Rhode Island Lawyers Weekly. "When a regulatory agency like OSHA comes
to a finding, it certainly carries some power."
Jeff Pine, who represents Jeffrey Derderian, said he's encouraged that
the agency found only one willful violation. Pine said he will meet with
OSHA representatives to discuss the conclusions.
"We want to sit down with them and discuss the nature of the violations
... and if any of them have merit, we'd like to work out a reasonable
resolution of the situation," Pine said.
An attorney for co-owner Michael Derderian did not return a phone call
seeking comment.
Jack Russell Touring Inc., the corporate entity for Great White, faces a
$7,000 fine for failing to protect employees from fire hazards, OSHA
said.
Specifically, OSHA charges the band stored unused pyrotechnics too close
to those being fired, did not have a plan for the pyrotechnics' use, did
not have the proper pyrotechnic operator licensing, and did not separate
the pyrotechnics from the audience by the minimum 15 feet.
"I don't think it's appropriate," band attorney Ed McPherson said of the
fine. "What Great White did, in and of itself, wouldn't have done
anything but for the polyurethane being sprayed on the ceiling and on
the walls."
He also said the band couldn't have known about the safety conditions of
the club.
McPherson said it is likely the band will appeal the fine, but that
option is still being discussed.
The agency said the businesses have 15 days to appeal the findings and
penalties.
Great
White was playing at The Station on Feb. 20 when its pyrotechnic
display started the blaze that killed 100 people and injured about 200
others.
Among the dead were seven employees -- four of The Station, one from the
band, and two workers from other businesses working at the club that
night.
At least six lawsuits have been filed against the band, the Derderians
and others. A grand jury is weighing whether criminal charges are
warranted.
Yas said findings like OSHA's sometimes prompt settlement talks in civil
suits and can lead to pleas in criminal cases. It's difficult to dismiss
such findings because OSHA is a recognized expert on workplace safety,
he said.
"Simply from a legal standpoint, it's fair to say that (the band) had
less control than the owners of the club when we talk about safety
concerns," he said.
Mark Mandell, an attorney putting together lawsuits on behalf of
victims' families and survivors, said the OSHA findings won't have much
of an impact, because the attorneys will be required to provide a
different standard of proof in court.
"They will be helpful to us, but they are things we've been working on
all along," he said.
