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Author Topic: 2012 Radiohead Stage Collapse - Engineer Guilty of Professional Misconduct  (Read 1817 times)

Russell Ault

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Re: 2012 Radiohead Stage Collapse - Engineer Guilty of Professional Misconduct
« Reply #10 on: November 26, 2020, 09:19:22 pm »

If remember right this is the guy they brought in after the first engineer refused to sign off on the setup. [...]

Cugliari had been working for over a decade at the same firm as the engineer who did the original drawings in the 90s, George Snowden. Snowden had been signing off on the incorrect drawings for years without much fuss, but given that he died of cancer in 2013 it seems likely that the file was handed to Cugliari because Snowden was retiring. For what it's worth, both had been charged (although not convicted) together about a decade before in relation to another temporary structure collapse that resulted in a worker fatality.

[...] Not sure if this now opens up civil suit possibilities?  (not familiar with Canadian legal system and what's possible after such a long duration) [...]

I would guess that Ontario's statute of limitations for this sort of thing is probably 2 years, but this recent verdict doesn't really change anything on a civil front (in Ontario—as in the US—civil trials, criminal trials, and disciplinary hearings are entirely independent, and the results of one don't necessarily impact the results of another).

To my knowledge there were no lawsuits arising out of the collapse. In Ontario, like most Canadian provinces, workplace injuries are covered under a province-wide insurance system that entirely precludes an employee from suing their employer for negligence. Radiohead's obligations to the deceased's next of kin would be entirely based on how the contract between them and the deceased was structured, but in any event some insurance company would likely have paid it out, then turned around to try and recover from Live Nation, the staging provider, and the engineer. The engineer was under a regulatory requirement to carry professional liability insurance and likely would have been shielded from any personal liability through his company (which declared bankruptcy in 2018), Live Nation disclaimed all responsibility (but their insurance probably still paid out some), and the staging provider likely had no assets and, in any event, almost immediately declared bankruptcy, at which point I'm sure the insurance companies worked it out amongst themselves and kept the courts out of it.

Is there actually any real punishment at all?  [...]

Basically, no. Two separate quirks of the legal system in Ontario (one provincial, one federal) converged to terminate the Occupational Health and Safety Act proceedings (which might have resulted in jail time) against everyone involved before a verdict had been reached. At that point this disciplinary proceeding against the engineer was the only punitive action remaining on the books. It sounds like the PEO did order the maximum fine of $5000 (the written decision doesn't appear to have been published yet).


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Re: 2012 Radiohead Stage Collapse - Engineer Guilty of Professional Misconduct
« Reply #10 on: November 26, 2020, 09:19:22 pm »

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