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Fatal explosion in fireworks warehouse was preventable, says OSHA

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A Florida fireworks company violated several workplace safety regulations that could have prevented a warehouse fire and explosion last year that killed four employees and badly burned one, federal regulators said Monday.

The Occupational Safety and Health Administration ordered the company, Magic in the Sky, to pay $109,375 in fines after an investigation into the December 1 fire in Orlando found it had “failed to protect its employees by following established safety protocols, the agency said in a statement.

OSHA listed 10 “serious violations,” including failure to safely store explosive materials, lack of an emergency action plan, and failure to develop and implement workplace safety procedures.

“The deaths of four young employees and the life-altering injuries of a fifth employee have exposed the systemic failures of Magic in the Sky that likely led to a fire and explosion that the company could have prevented, only compounding the tragedy,” he said. Audrey Windham, the acting director. from OSHA’s Orlando area office, said in the press release.

Magic in the Sky, based in Boerne, Texas, did not immediately respond to a request for comment Monday.

That’s what officials said on the night of the fire fireworks shot from the warehouse while rescue crews tried to rescue workers trapped inside.

Four workers who were pulled from the burning warehouse died in hospital within days of the blaze. That’s what the Orlando Sentinel reported.

The victims were identified as David Gonzalez, 22; Landon Bourland, 24; Lindsey Phillips, 23; and Elizabeth Tiralongo, 22, The Sentinel reported.

A fifth employee, Lindsey Tallafuss, suffered burns over 60 percent of her body that left her hospitalized for months, according to a lawsuit filed by Ms. Tallafuss. OSHA said workers were preparing fireworks for a show when the blaze started.

Ms. Tallafuss’ lawsuit is one of five filed on behalf of the victims seeking a jury trial, seeking at least $50,000 in damages from Magic in the Sky and other defendants, including SeaWorld, which court documents say was a customer of the fireworks company . SeaWorld did not immediately respond to a request for comment Monday.

OSHA’s findings appeared to support allegations in the lawsuits that Magic in the Sky and its co-defendants had failed to ensure the warehouse was suitable for storing commercial fireworks and to warn workers of the dangers they posed .

Ms. Tallafuss’ lawsuit states that Magic in the Sky, “either by their actions or their cowardly indifference, authorized or authorized the handling, transportation and storage of commercial fireworks in their warehouse and parking lot. ” The company, it added, “knew or should have known” that this was “ultra-hazardous and/or inherently dangerous.”

The deadly fire came just days after an SUV drove into a fireworks store in Melbourne, Florida, about 50 miles southeast of Orlando. The driver was killed and the impact caused the building to go up in flames.

The Florida State Fire Marshal initially led the investigation into the cause of the fire at the Magic in the Sky warehouse, but turned it over to the Bureau of Alcohol, Tobacco, Firearms and Explosives. That reported WOFL-TV, a Fox station in Orlando.

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