$91,000 fine for Thunder Valley death

Edited Date/Time 1/27/2012 3:06pm
DENVER (AP) — A California company is challenging $91,000 in fines and citations that federal regulators have proposed over a freelance videographer's death near suburban Denver.

Fifty-seven-year-old Stuart Keene fell from an elevated all-terrain scissor lift at the Thunder Valley Motocross Park on June 25.

The Occupational Safety and Health Administration has issued citations alleging Lucas Oil Production Studios of Corona, Calif., removed guardrails from lifts and didn't train employees on proper operating procedures for the lifts.

The company's general counsel Bob Patison said Wednesday that Lucas Oil's role was mischaracterized and that liability was misplaced. He declined to elaborate.

Keene's sister, Barbie Keene Christopher, told KCNC-TV in Denver her brother's death could have been prevented.

Copyright © 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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mattmatt300
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12/16/2010 7:12am
thats retarded. i propose that if you fall off of something it is your fault.
zookrider62!
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12/16/2010 7:14am
thats retarded. i propose that if you fall off of something it is your fault.
It's also retarded that they got citations from OSHA and didnt do anything about it
mattmatt300
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12/16/2010 7:17am
thats retarded. i propose that if you fall off of something it is your fault.
It's also retarded that they got citations from OSHA and didnt do anything about it
were the citations not given as a result of this accident? i highly doubt thunder valley got ticketed by osha and said eff it leaving things "unsafe"
zookrider62!
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12/16/2010 7:19am
thats retarded. i propose that if you fall off of something it is your fault.
It's also retarded that they got citations from OSHA and didnt do anything about it
were the citations not given as a result of this accident? i highly doubt thunder valley got ticketed by osha and said eff it leaving things...
were the citations not given as a result of this accident? i highly doubt thunder valley got ticketed by osha and said eff it leaving things "unsafe"
im honestly not sure, but getting rid of gaurdrails on a lift is an accident waiting to happen

The Shop

mattmatt300
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12/16/2010 7:29am
getting on a lift without guardrails is a poor decision...
zookrider62!
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12/16/2010 7:33am
getting on a lift without guardrails is a poor decision...
touche'
cjmx
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Fantasy
12/16/2010 7:36am
Sunday (day after accident) they all had harnesses on.
SIMX
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12/16/2010 7:38am
Knowing OSHA, I'm surprised you aren't required to be wearing a harness and tied off. Probably will be seeing similar citations, etc... in the Notre Dame football accident a few months back.
mattmatt300
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12/16/2010 7:44am
i agree he should have been tethered and whatnot but i also feel that the accident is solely the photographers fault. was he an employee of thunder valley? there are hundreds of photographers at each event do they all need to be babysat?
12/16/2010 7:57am
What it really sounds like the production company is saying he wasn't hired by them and the park is saying the same thing. I wonder if the production crew are contract labor and responsible for their own workmans comp and safety issues?
txmxer
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12/16/2010 8:40am
Whoever rented the lift is responsible to make sure that anyone that gets on it is trained AND has proper safety equipment.
c3011
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12/16/2010 8:53am Edited Date/Time 12/16/2010 8:58am
OSHA requires fall protection. I have never worked in a manufacturing facility or construction site where fall protection was not required to get into a scissors lift. It is on the employer to train people properly to safely do their job and it is also on the facility to do safety checks/inspections on contractors doing work in thier facility. I noticed the same situation at Red Bud a few years ago and e-mailed them about it, but they didn't seem to concerned, I never got a reply and the camera's were up on scissor lifts with rails removed. The fine is just the beginning, OSHA will be all over them for the near future and the lawsuits are sure to fallow. Here is a link to OSHA fall protection:

http://www.osha.gov/...58&p_table=STANDARDS
RedRider31
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12/16/2010 9:02am
Could this be a death blow to the National at Thunder Valley in the future?! Oh man, now I'm freaking out!
GuyB
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12/16/2010 9:06am
cjmx wrote:
Sunday (day after accident) they all had harnesses on.
I think you mean Saturday.

Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
mattmatt300
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12/16/2010 9:20am
cjmx wrote:
Sunday (day after accident) they all had harnesses on.
GuyB wrote:
I think you mean Saturday. Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
I think you mean Saturday.

Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
i see. so wouldnt the burden fall on the production company?
GuyB
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12/16/2010 9:23am
i see. so wouldnt the burden fall on the production company?
I wasn't there and didn't see it. I was just addressing a couple of the particular facts that were being misstated. In general, video guys are the only ones on scissor lifts.
c3011
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12/16/2010 9:25am
cjmx wrote:
Sunday (day after accident) they all had harnesses on.
GuyB wrote:
I think you mean Saturday. Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
I think you mean Saturday.

Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
i see. so wouldnt the burden fall on the production company?
The burden will go on anyone they can find and when OSHA is involved you are guilty until proven innocent and then you are still guilty. Its been released to the press already so theeir image is already damaged. I can only imagine what their insurance company will say about this.
cjmx
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Fantasy
12/16/2010 9:26am
cjmx wrote:
Sunday (day after accident) they all had harnesses on.
GuyB wrote:
I think you mean Saturday. Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
I think you mean Saturday.

Matt, this wasn't a photographer, it was a videographer...part of the TV crew.
Oops, you're right. It should have said Sat. thanks GuyB

12/16/2010 9:29am
It's also retarded that they got citations from OSHA and didnt do anything about it
were the citations not given as a result of this accident? i highly doubt thunder valley got ticketed by osha and said eff it leaving things...
were the citations not given as a result of this accident? i highly doubt thunder valley got ticketed by osha and said eff it leaving things "unsafe"
im honestly not sure, but getting rid of gaurdrails on a lift is an accident waiting to happen
The rails get in the way of the shot if you leave them on. It was a freak accident. The lift malfunctioned. Yes, he should have been wearing harness. Really tough day for the whole crew. RIP Stuart.
SteveS
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12/16/2010 9:37am
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached to the lift or hoist. So what, exactly, is it supposed to be attached to? A cloud?
moto138
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12/16/2010 9:38am Edited Date/Time 12/16/2010 9:44am
if i'm not mistaken by mxsports media rules all media people have to be on assignment don't they? i didn't think media credentials would be granted to freelance videographers and photographers? if that rule is still in effect then i would think the responsibility would fall on the company he was shooting film for.


as far as OSHA goes, it is a worthless organization to start with. and who gets the money for these fines? OSHA thats who. they don't care who is at fault or who the victim is,as long as they get the money. the victims family should get all of the money collected from fines.. at my job a few years ago we had a 2 workers killed on the job because a fresh air line for a paint booth was plumbed into a argon gas line. the first guy was killed,of course OSHA came in and did their investigation and certified the paint booth to be safe. the very next day after the booth was put back into use the other guy suffered the same fate..but of course they accept no responsibility for the 2nd death,even though they certified it safe to use...
GuyB
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12/16/2010 9:51am
cjmx wrote:
Oops, you're right. It should have said Sat. thanks GuyB

I still do the same. Wink

FastEddy
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12/16/2010 10:03am
This guy worked for some major media places.

Here is his Obituary.

Keene, Stuart Winfield Stuart W. Keene died on Friday, June 25, 2010 from injuries sustained in an accident that occurred as he prepared to film a motocross event at Thunder Valley, Lakewood. He was born on May 19, 1953 in Kansas City, Missouri, the son of Richard and Carol Stuart Keene (who passed away in 1969). He attended schools in Kansas City, Connecticut and Illinois before attending Colorado State University, from which he graduated with a degree in photojournalism in 1978. He worked as a photojournalist for PBS, ABC, NBC and CBS on assignments locally and nationally and on documentaries in the United States and internationally.His professionalism and skill were highly respected by his peers. As an avid cyclist, he participated in Colorado's early bike racing years as a racer and as a videographer for the Red Zinger/Coors Classic/races. He continued to enjoy the Triple Bypass, Ride the Rockies, and Leadville Loop as well as other extreme altitude and distance rides. Skiing and windsurfing were longtime passions and golf was a growing one for Stu. Stu has been described by his many friends and family across the country as remarkably thoughtful, witty and intelligent, sensitive and kind, irreverent and fun. His curiosity, sense of wonder and wanderlust cultivated knowledge and friendships around the world. He was the guy who stayed interested in and connected with a host of friends and family and brought us all together. He was a "gem" among us and will be sorely missed. Stuart is survived by his father, Richard Keene, and his step-mother, Jan Keene of Kansas City, Missouri; his sister Barbara Christopher and her husband Rocky Christopher of Vail, Colorado; his nieces Anna Christopher and Alison Christopher of Denver; his nephew Stefan Christopher of New York City; three step brothers, Jim Broaddus (Deborah) of Boulder; Tom Broaddus (Beverly) of Danville, California; and Phillip Broaddus (Angelica) of Berkeley, California; seven step nieces and nephews; his close friend, Ms. Shirley Ney of Aurora, Colorado; and many good friends. In lieu of flowers, memorial contributions are suggested to Bike for Humanity (B4H) Colorado, 485 Williams St., Denver, CO 80218, 415-717-2771 begin_of_the_skype_highlighting 415-717-2771 end_of_the_skype_highlighting, www.b4hcolorado. org; or to Table Mountain Animal Center, 4105 Youngfield St., Golden, CO 80401, 303-278-7575 begin_of_the_skype_highlighting 303-278-7575 end_of_the_skype_highlighting, www. tablemountainanimals.org. Condolences may be sent to wrichardkeene@aol.com. Memorial Celebration to be held at the Wynkoop Brewing Company, 1634 18th St., Denver, on Sunday, July 18, starting at 2 p.m.
12/16/2010 10:07am
FastEddy wrote:
This guy worked for some major media places. Here is his Obituary. Keene, Stuart Winfield Stuart W. Keene died on Friday, June 25, 2010 from injuries...
This guy worked for some major media places.

Here is his Obituary.

Keene, Stuart Winfield Stuart W. Keene died on Friday, June 25, 2010 from injuries sustained in an accident that occurred as he prepared to film a motocross event at Thunder Valley, Lakewood. He was born on May 19, 1953 in Kansas City, Missouri, the son of Richard and Carol Stuart Keene (who passed away in 1969). He attended schools in Kansas City, Connecticut and Illinois before attending Colorado State University, from which he graduated with a degree in photojournalism in 1978. He worked as a photojournalist for PBS, ABC, NBC and CBS on assignments locally and nationally and on documentaries in the United States and internationally.His professionalism and skill were highly respected by his peers. As an avid cyclist, he participated in Colorado's early bike racing years as a racer and as a videographer for the Red Zinger/Coors Classic/races. He continued to enjoy the Triple Bypass, Ride the Rockies, and Leadville Loop as well as other extreme altitude and distance rides. Skiing and windsurfing were longtime passions and golf was a growing one for Stu. Stu has been described by his many friends and family across the country as remarkably thoughtful, witty and intelligent, sensitive and kind, irreverent and fun. His curiosity, sense of wonder and wanderlust cultivated knowledge and friendships around the world. He was the guy who stayed interested in and connected with a host of friends and family and brought us all together. He was a "gem" among us and will be sorely missed. Stuart is survived by his father, Richard Keene, and his step-mother, Jan Keene of Kansas City, Missouri; his sister Barbara Christopher and her husband Rocky Christopher of Vail, Colorado; his nieces Anna Christopher and Alison Christopher of Denver; his nephew Stefan Christopher of New York City; three step brothers, Jim Broaddus (Deborah) of Boulder; Tom Broaddus (Beverly) of Danville, California; and Phillip Broaddus (Angelica) of Berkeley, California; seven step nieces and nephews; his close friend, Ms. Shirley Ney of Aurora, Colorado; and many good friends. In lieu of flowers, memorial contributions are suggested to Bike for Humanity (B4H) Colorado, 485 Williams St., Denver, CO 80218, 415-717-2771 begin_of_the_skype_highlighting 415-717-2771 end_of_the_skype_highlighting, www.b4hcolorado. org; or to Table Mountain Animal Center, 4105 Youngfield St., Golden, CO 80401, 303-278-7575 begin_of_the_skype_highlighting 303-278-7575 end_of_the_skype_highlighting, www. tablemountainanimals.org. Condolences may be sent to wrichardkeene@aol.com. Memorial Celebration to be held at the Wynkoop Brewing Company, 1634 18th St., Denver, on Sunday, July 18, starting at 2 p.m.
Thanks for shedding some light on who he was. It's horrible when anything like this happens, much less at a racing event.
mattmatt300
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12/16/2010 10:09am
gotta love that they had a memorial celebration at a brewery. thats the way to go out!!!
ando
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12/16/2010 10:22am
SteveS wrote:
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached...
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached to the lift or hoist. So what, exactly, is it supposed to be attached to? A cloud?
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed for that type of load.

I'm not sure what US OHSA legislation says, but in Australia, according to the letter of the law, there is equal responsibility on the employer to provide a safe workplace, and for an employee to act responsibly to protect his/her safety and those of other employees.

Unfortunately the interpretation of the law is quite different and in the event of an accident the responsibility almost always is deemed to fall on the employer, regardless of the employee's actions.
mjskier
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12/16/2010 10:54am
RedRider31 wrote:
Could this be a death blow to the National at Thunder Valley in the future?! Oh man, now I'm freaking out!
The way I read it, this has nothing to do with Thunder Valley (besides the fact that the accident happened there). The Lucas Oil Production Studios is the one on the hook, not Thunder Valley.
c3011
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12/16/2010 10:55am
SteveS wrote:
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached...
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached to the lift or hoist. So what, exactly, is it supposed to be attached to? A cloud?
ando wrote:
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed...
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed for that type of load.

I'm not sure what US OHSA legislation says, but in Australia, according to the letter of the law, there is equal responsibility on the employer to provide a safe workplace, and for an employee to act responsibly to protect his/her safety and those of other employees.

Unfortunately the interpretation of the law is quite different and in the event of an accident the responsibility almost always is deemed to fall on the employer, regardless of the employee's actions.
Same deal here, all of the various types of lifts are built with tie off points in the lift.
12/16/2010 11:00am
SteveS wrote:
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached...
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached to the lift or hoist. So what, exactly, is it supposed to be attached to? A cloud?
ando wrote:
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed...
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed for that type of load.

I'm not sure what US OHSA legislation says, but in Australia, according to the letter of the law, there is equal responsibility on the employer to provide a safe workplace, and for an employee to act responsibly to protect his/her safety and those of other employees.

Unfortunately the interpretation of the law is quite different and in the event of an accident the responsibility almost always is deemed to fall on the employer, regardless of the employee's actions.
thats the sad part about here ando. in the usa, any accident is the fault of anyone but the victim, and typically the fault of whoever has the most money.

plus, OSHA, dont get me started.

in this country, you have to put warning labels on spray paint cans to not inhale the fumes.... its effing sprayable paint! if you are such a head up ass person you have to be warned not to huff the contents of the can because it could kill you... time to thin the herd.
Towelie
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12/16/2010 12:12pm
SteveS wrote:
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached...
Interesting when you look at the OSHA rules that were posted. They say the harness shouldn't be attached to the railing. And it shouldn't be attached to the lift or hoist. So what, exactly, is it supposed to be attached to? A cloud?
ando wrote:
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed...
In Australia, elevating work platforms must have dedicated tie-off points for fall arrest/fall protection devices. Handrails don't normally fall into that category as they aren't designed for that type of load.

I'm not sure what US OHSA legislation says, but in Australia, according to the letter of the law, there is equal responsibility on the employer to provide a safe workplace, and for an employee to act responsibly to protect his/her safety and those of other employees.

Unfortunately the interpretation of the law is quite different and in the event of an accident the responsibility almost always is deemed to fall on the employer, regardless of the employee's actions.
thats the sad part about here ando. in the usa, any accident is the fault of anyone but the victim, and typically the fault of whoever...
thats the sad part about here ando. in the usa, any accident is the fault of anyone but the victim, and typically the fault of whoever has the most money.

plus, OSHA, dont get me started.

in this country, you have to put warning labels on spray paint cans to not inhale the fumes.... its effing sprayable paint! if you are such a head up ass person you have to be warned not to huff the contents of the can because it could kill you... time to thin the herd.
You people fail to realize codes like these, fire alarm, warning labels are aimed at the lowest denominator. Yes, most of us are smart enough to know better, sadly so many are not and that is what these types of regs are aimed at. Look at fire alarm systems, people just ignore them, so now they make them louder, more in your face and that mentallity carries over into other areas. Hate to burst your bubble people, they never should have taken off the rail

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