Editor’s Note – Mark Lies II is a labor and employment law attorney and partner with the Chicago, IL, law firm of Seyfarth Shaw. Legal topics provide general information, not specific legal advice. Individual circumstances may limit or modify this information.
Unfortunately, there appears to be a reemergence of potential civil and criminal liability involving workplace fires and emergency response. As a result of a tragic fire at the Hamlet, NC, chicken processing plant more than 10 years ago that claimed 23 lives, there was a groundswell of attention to fire safety and emergency response.
In the fire, which started from a leak of hydraulic fluid, numerous employees were trapped in the building because fire exits had been locked to prevent employee theft or were sealed shut to facilitate building refrigeration and cooling. In addition, employees had not been trained in evacuation procedures. The fact that the president of the company went to jail as a result of the accident added impetus for compliance.
Now, it appears that tragic fires are again on the rise due to fire exit and evacuation issues. For example, a recent fire in a Cook County building in Chicago, IL, claimed the lives of six employees who were trapped in the building’s stairwells as they were attempting to escape a fire. The employees had been directed to evacuate the building by using the stairwells. As the stairwells filled with smoke, they were unable to get out at other floors because the stairwell exit doors were designed to lock after the individual exited to control building security.
The Chicago fire is also being investigated as to whether the building’s management company was properly trained and should have even issued an evacuation order, which caused the employees to enter the stairwells where the deaths occurred.
Criminal Charges
In the last year, another serious fire in Chicago resulting in multiple deaths and injuries was at a nightclub where there were an inadequate number of exits to handle the number of individuals in an emergency. In this case, the nightclub apparently also may have violated a court order prohibiting usage of certain areas of the club premises because of inadequate exit issues.
In this case, the Cook County state’s attorney has issued criminal indictments of the club and certain individuals with an ownership interest.
OSHA Citations
Recently, the Occupational Safety and Health Administration (OSHA) issued citations to the owners of a Rhode Island nightclub as a result of a fire that killed 100 people, including seven employees. The alleged citations, including a willful violation and six serious violations, carried proposed penalties of $82,000.
Unfortunately, as in the fires mentioned above, a primary focus was again on the exit from the building, in this case an exit door that did not swing in the direction of travel. The willful citation involved the doorway that created a trap for the individuals who were trying to escape.
In addition to the citation for the door, the employer was also cited because of:
• Failure to train employees in the fire hazard plan;
• Failure to designate employees to assist in the evacuation who were properly trained;
• Failure to have a written emergency action plan;
• Failure to have a written fire plan;
• Allowing an interior exit door and surrounding walls to be covered with highly flammable materials;
• Allowing the exit door to become concealed because the wall covering on the door disguised it.
Recommendations
These fires demonstrate the tragic consequences of failure to comply with basic OSHA and other regulations (including local fire and building codes) that deal with fire emergency response. The OSHA regulations include:
• 29 CFR 1910.38 - Employee emergency plans and fire prevention plans;
• 29 CFR 1910.157 - Portable fire extinguishers;
• 29 CFR 1910.165 - Employee alarm systems.
In addition to the foregoing standards, the employee is also subject to citation under OSHA’s “General Duty Clause,” Section 5(a)(1) of the act, for failure to furnish employment and a place of employment free from recognized hazards.
Finally, employers (and building owners and managers) must become aware of and comply with existing state and local fire and life safety codes that may apply to the structure, including:
• Criteria for exit stairwell’s fire rating;
• Positive pressure ventilation systems in exit stairwells;
• Means to override stairwell security devices in an emergency to allow escape from stairwells;
• Means of communications (such as telephones) in exit stairwells to allow occupants to notify emergency responders of their locations;
• Written fire response plans developed and submitted to the local jurisdiction regarding coordination between on-site emergency response personnel and the outside fire and emergency responders;
• Mandatory fire and emergency work exercises to evaluate compliance; and
• Written documentation of training for on-site emergency response personnel.
Conclusion
Unfortunately, high visibility accidents are sometimes the only means to bring attention to the fundamental issues of evacuating occupants from buildings in a fire or other emergency. By focusing on the foregoing recommendations, employers, building owners, and building managers can avoid such tragedies.
Labor and the Law - December 2003 Render