Notre Dame at fault in Sullivan death

The University of Notre Dame responded Tuesday to an investigation by the Indiana Occupational Safety and Health Administration (IOSHA) that concluded the school was at fault for a student's death after he fell from a hydraulic lift last year.

IOSHA levied $77,500 in fines after determining the university ignored industry standards that lead to the Oct. 27 death of Declan Sullivan, a 20-year-old junior from Long Grove, Ill, while he was filming football practice.

School officials responded to IOSHA's report Tuesday afternoon, adding the school would publicly release finding from its investigation in four to six weeks.

"The IOSHA findings are very helpful as we begin to conclude our own comprehensive investigation," said John Affleck-Graves, an executive vice president at Notre Dame. "As part of the agency's review process, we will meet with officials in the next 15 days.

"We expect that our report will include information gathered through the IOSHA investigation as we focus on all factors that contributed to the accident, including the series of decisions made on that day. We have committed to making a report of our investigation public and will do so once it is complete and we have finalized our review with IOSHA, which we expect to be in four to six weeks."

IOSHA handed down the fines earlier Tuesday after completing a five-month investigation.

"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," according to an IOSHA statement.

Sullivan fell about 50 feet from a hydraulic scissor lift amid winds that were gusting above 50 mph. The agency levied a fine for six violations.

The most serious violation, which was accompanied by a $55,000 fine, was due to Notre Dame "knowingly exposing its employees to unsafe conditions by directing its untrained student videographers to use the scissor lift during a period of time when the National Weather Service issued an active wind advisory with sustained winds and gusts in excess of the manufactured specifications and warnings."

IOSHA classified Sullivan's death as a preventable workplace fatality, and also faulted Notre Dame for failing to train Sullivan and other students on how to properly operate the lifts.

Notre Dame said last week that it would no longer use the hydraulic towers to film football practices and began installing a remote video system.

Shortly after Sullivan's death, Notre Dame took responsibility for the accident, with president, Rev. John Jenkins, saying, "Declan Sullivan was entrusted to our care, and we failed to keep him safe."

Notre Dame could face a wrongful death lawsuit from Sullivan's family seeking tens of millions in damages.

The Sullivan family issued a statement Tuesday morning saying, "We appreciate the thorough investigation by the Indiana Occupational Safety and Health Administration (IOSHA) concerning the circumstances surrounding the death of our son, Declan. This report is an important step in preventing future accidents, but its findings do not change the fact that Declan is not with us"

"Our family supports the efforts by the University of Notre Dame to halt the use of hydraulic lifts to film football practices and install remote-controlled cameras. We are confident that Notre Dame will address the additional issues raised in the IOSHA report."

The family also recognized Notre Dame for keeping "an open line of communication" during the past several months and answering their questions in a timely manner.