OSHA Says Fatal Florida Fireworks Fire Was Preventable, Fines Company $109,000

A December fire at a fireworks company warehouse, which killed four workers and gravely injured a fifth, was preventable, but the company will face just $109,375 in fines, the U.S. Occupational Safety and Health Administration announced.

Magic in the Sky, a fireworks display firm with offices in St. Petersburg, Florida, and in Texas, committed 10 serious violations, including failure to properly store explosives used in fireworks displays; failure to develop and implement safety procedures and an emergency plan; and failure to ensure that electrical equipment was designed for hazardous areas, OSHA said in a bulletin posted Monday.

All of the deceased employees were age 24 or younger.

“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. “Companies that use pyrotechnics must ensure safety protocols are strictly followed to protect workers from catastrophic consequences.”

The tragedy unfolded Dec. 1, 2022, after an unnamed source of ignition sparked a fire and explosions at the warehouse, trapping the five employees, according to OSHA and local news reports. Emergency crews tried to rescue the workers but were unable.

The victims were identified as Landon Bourland, 24; David Gonzalez, 22; Lindsey Phillips, 23; and Elizabeth Tiralongo, 22, according to news reports. The fifth worker, Lindsey Tallafuss, was hospitalized for months with severe burns.

Magic in the Sky faces multiple lawsuits from the injured victim and families of the killed workers, and from nearby business that were damaged in the blaze. The victims also have sued Sea World, which was a client of the fireworks company, along with a fireworks manufacturer that sold products to Magic, as well as the owner of the building, and others. The building owner has also filed suit against the fireworks company.

With so many competing claims, Magic’s insurer, Certain Underwriters of Lloyd’s of London, has asked the circuit court in Orlando to allow it to pay almost $11 million, the remaining limits of the liability insurance policies, to the court, to be disbursed by the court later.

It’s unclear if the victims or their families received workers’ compensation benefits. Only one contested workers’ compensation claim against the company shows up on the Florida Office of Judges of Compensation Claims’ search page, and that was from 2017.

The firm has 15 business days to comply with the OSHA citation, request a conference with the agency, or contest the findings.

The deadly explosion came a few days after a fire at a large fireworks store in Melbourne, Florida, about 45 miles away, news outlets have reported. A vehicle slammed into the store, killing the driver and igniting a fire that burned the store down.

Topics Florida Workers' Compensation