Magic in the Sky facing $100K penalty in deadly fireworks warehouse explosion: OSHA
Florida-based Magic in the Sky faces more than $110,000 in proposed penalties from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) after fireworks ignited inside a warehouse in December 2022, sparking a massive blaze, killing four people and injuring a fifth.
OSHA said in a press release that employees of Magic in the Sky were readying fireworks for a local show on Dec. 1, 2023, when something sparked and fireworks began to explode inside the storage facility, trapping people inside.
Elizabeth Tiralongo, Landon Bourland, David Gonzales, and Lindsey Phillips died.
The agency further alleged that Magic in the Sky could have prevented the deadly fire and "failed to protect its employees by following established safety protocols." Its investigation found 10 "serious" violations, resulting in the proposed $109,375 fine.
Among the alleged violations OSHA found:
- Ensure proper storage of explosive materials used in commercial fireworks displays
- Comply with OSHA’s process safety management standard for preventing or minimizing the unplanned ignition of explosive materials, by performing a hazard analysis, and developing and implementing written process safety procedures and an emergency action plan
- Ensure electrical equipment in the work area was designed and classified for use in hazardous locations and could not serve as an ignition source
- Develop a hazard communication program and maintain safety data sheets
"The deaths of four young workers and a fifth worker’s life-changing injuries exposed Magic in the Sky’s systemic failures that likely led to a fire and explosion the company could have prevented, which only adds to the tragedy," said OSHA Acting Area Office Director Audrey Windham in a prepared statement.
"Companies that use pyrotechnics must ensure safety protocols are strictly followed to protect workers from catastrophic consequences."
Magic in the Sky has not commented on the violations, which were issued on May 31, 2023. FOX 35 has reached out to the company's attorneys for comment.
Magic in the Sky has 15 days from receipt of the citations to contest them and/or request an informal conference. If it doesn't, the citations become final, according to the packet from OSHA.