Report cites Notre Dame for unsafe conditions in Sullivan death

The fines levied against the University of Notre Dame and changes mandated by the Indiana Department of Labor will only matter to the family of Declan Sullivan if they make conditions safer for students.

While the state agency Tuesday declared the university failed to maintain a safe work environment in connection with Sullivan's Oct. 27 death, a family spokesman said the findings won't fill the void with his parents and siblings in Long Grove.

“None of this will change that,” said his uncle, Michael Miley.

The Indiana Department of Labor announced Tuesday they fined the university $77,500 for its safety violations. The report, released 140 days after high winds toppled the hydraulic lift holding Sullivan as the 20-year-old junior videotaped a Notre Dame football practice, detailed six violations in all by the university.

“Notre Dame did not establish and maintain conditions of work that were reasonably safe for its employees, that were free from recognized hazards that caused or were likely to cause death or serious injury,” the agency stated.

Notre Dame officials released at statement at 1 p.m. on Tuesday praising Tuesday's findings. The university is conducting its own investigation, which it expects to complete in four to six weeks. Notre Dame said it will also incorporate the state's conclusions into its own report.

“None of these findings can do anything to replace the loss of a young man with boundless energy and creativity. As I said last fall, we failed to keep him safe, and for that we remain profoundly sorry,” Notre Dame President Rev. John Jenkins said.

The Indiana Occupational Safety and Health Administration found that the school didn't have the proper operating manuals for the lifts available to Sullivan and others. They also failed to properly train videographers.

“The evidence will show they (only) knew how to go up and they knew how to go down,” Department of Labor Commissioner Lori Torres said.

Sullivan was among three videographers paid by the university to record football practices. On Oct. 27, the National Weather Service issued a wind advisory and recorded gusts as high as 53 mph in South Bend. That contradicts initial statements from Notre Dame Athletic Director Jack Swarbrick, who described the conditions as normal during a news conference a day after the death.

Investigators said labels on the scissor lift warned to avoid using it in winds greater than 28 mph. The lift rises as high as 50 feet, and Notre Dame officials that day told Sullivan not to go higher than 35 feet, the height of the goal posts.

While on the lift, Sullivan used Twitter and Facebook to post his concerns about working in the windy conditions. Torres told reporters Tuesday of a comment Sullivan made to another videographer when he learned he would have to go up in the lift.

“Oh man, this sucks,” Sullivan said, according to Torres.

A week after the death, Jenkins issued a remorseful statement to the university community, reading that “we at Notre Dame and ultimately I, as president, are responsible. Words cannot express our sorrow to the Sullivan family and to all involved.”

OSHA officials on Tuesday acknowledged Jenkins' words, but their report failed to single out who was responsible for training the videographers. Department of Labor officials said that was not part of their probe, but reasoned it's the school's football staff, led by Head Coach Brian Kelly, who made the decision to practice outside in the severe weather. The school cooperated during the investigation, Torres added.

Notre Dame's statement Tuesday included comments from Kelly.

“I'm sure the university will use the findings from the state to enhance the investigation into this tragedy,” he said.

Last week the school announced it would end the use of the hydraulic lifts and replace them with four remote-controlled cameras atop 50-foot poles at its practice fields.

Torres said her department isn't advocating a ban on the use of the lifts, but urges those who use them to adhere to regulations.

Besides the lack of training, the report cites missing and worn-out safety decals on the lifts and the school's failure to have the lifts inspected and serviced as required. The fines include a $55,000 penalty for an accident the led to a death.

Notre Dame officials were notified of the penalties Tuesday morning. The school has 15 business days, or until April 7, to pay the fine and correct the violations or contest the findings before the Indiana Board of Safety Review.

OSHA spoke with the Sullivans on Monday.

“We're glad to see the process move forward, we're glad to see the university is sharing with others what their findings were,” Miley said. “We look to see that continue in the future.”

It's unclear how old the lift was, as serial numbers don't correspond with manufacture dates, officials said. OSHA officials estimated it was built in the mid-'90s and was last inspected in 2009. The investigation showed malfunction was not responsible for the lift falling.

Sullivan's parents, Alison and Barry Sullivan, issued a statement Tuesday morning encouraging colleges and high schools to evaluate how they use hydraulic lifts.

“It is our sincere desire that universities, high schools and other institutions that use these lifts take to heart that accidents such as these are preventable and can be avoided if the designated safety measures are taken,” the statement reads.

They also thanked the university for “the respect shown us over the past several months” and maintaining an open line of communication.

The school's men's basketball team will play in the NCAA basketball tournament Friday at the United Center. Sullivan's uncle said he didn't know if the team had anything planned to honor his nephew.

The Sullivans have a daughter who attends Notre Dame and the bond with the school remains.

“There is another family member at Notre Dame and there continues to be a connection,” Miley said.