date: August 20, 2003

PROVIDENCE, R.I. -- The U.S. Occupational Safety and Health Administration has completed its inspection prompted by the Feb. 20 fire at The Station nightclub in West Warwick, R.I. The fire, which killed 100 people, including seven employees, was ignited by a pyrotechnic display staged during a performance by the band, Great White.

Derco, LLC, doing business as The Station, owns and operated the nightclub. Derco was cited for alleged willful and serious violations of the Occupational Safety and Health Act and faces $85,200 in fines, while Jack Russell Touring, Inc., Great White's corporate entity, faces a $7,000 fine for an alleged serious violation.

The willful citation to Derco is for installing a door within the exit route near the stage that did not open in the direction of travel. A fine of $70,000 is proposed. Six serious citations were issued to Derco for covering walls and an exit door with highly flammable foam; having an exit door indistinguishable from the walls due to the foam covering; no written emergency action plan; no written fire prevention plan; failing to designate and train employees to assist the evacuation of other employees; and failing to review fire hazards with employees. $15,200 in fines are proposed for these items.

Jack Russell Touring was cited for failing to safeguard employees against fire hazards from the pyrotechnic display in that unused pyrotechnic materials were not stored at least 50 feet from unprotected heat sources; no pyrotechnic plan had been developed; no walkthrough and representative demonstration was conducted prior to the display; pyrotechnic operators were not licensed and approved as required; two or more fire extinguishers were not readily accessible; personnel with a working knowledge of fire extinguishers were not present; pyrotechnic devices were not mounted so that fallout from the devices would not cause injury; each device was not separated from the audience by a minimum of 15 feet; and smoking was not prohibited within 25 feet of the pyrotechnics.

Each company has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by the OSHA's Providence area office.

Fact Sheet       OSHA Citations and Proposed Fines

Derco, Inc. d/b/a The Station, Inc.

One alleged willful violation, with a proposed fine of $70,000, for

• an exit door near the stage installed within the exit route did not swing in the direction of travel.
  
   

• An interior exit door and surrounding walls were covered with highly flammable foam;
  
   
• An exit door was not distinguishable from the walls due to its being covered by highly flammable foam;
  
   
• no written emergency action plan was prepared
  
   
• no written fire prevention plan was prepared
  
   
• employees were not designated and trained to assist in a safe and orderly evacuation of other employees
  
   
• fire hazards were not reviewed with employees.
  
   

• failure to provide employment or a place of employment free from recognized hazards likely to cause death or serious physical harm in that employees were exposed to the hazards of fire and fire by-products in that pyrotechnics were used where the following precautions had not been taken: unused pyrotechnic materials were not stored at least 50 feet from unprotected heat sources, namely the ignited gerbs; no plan for the use of pyrotechnics had been developed; no walkthrough and representative pyrotechnic demonstration had been conducted; all pyrotechnic operators were not licensed and approved; two or more fire extinguishers were not readily accessible during pyrotechnic preparation and operations; personnel with working knowledge of fire extinguishers were not present; pyrotechnic devices were not mounted so that fallout would not endanger lives or cause injuries; each pyrotechnic device was not separated from the audience by at least 15 feet; and smoking was not prohibited within 25 feet of pyrotechnics.
  
   

• OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
  
   
• A serious violation is one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.
  
   
• The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.