Gilheany is a marine consultant and owner of Maritime Compliance International
in New Orleans. He works with companies to help increase profitability through improved
compliance and management systems. Gilheany is a retired U.S. Coast Guard marine
inspector, certified marine surveyor and auditor, and crew endurance management
expert. He has also provided contract training to the U.S. Coast Guard, was an adjunct
instructor of maritime security at Tulane University’s Homeland Security
Studies Program, and has contributed to marine industry publications. He can be
reached at firstname.lastname@example.org or www.maritimecomplianceinternational.com
Regulations are written in blood
January 24, 2013
Gras season again in New Orleans. If you have been to Mardi Gras parades here you
know that ladders line the edges of the curbs along the parade routes.
are no ordinary ladders. They have three-foot long bench seats attached to the
very top where we precariously place our precious babies. It’s enough to give
an OSHA inspector a heart attack. How can this be legal? Occasionally, a cop
will tell people that they need to move their ladders away from the curb.
the parents respond that they do this every year and it has never been a
problem before. They are reluctant to move and give up their spot when someone
else will quickly move in and place their ladder in the same. It is highly
unlikely that another cop will come along and tell them to move.
This causes déjà vu. As a Coast Guard inspector, I
was that cop. I always enforced the regulations accurately and consistently. I
encountered much of the same arguments and resistance. One inspector who
trained me said that the regulations were written in blood. That is, some catastrophe
had happened that caused the regulations to be written. I took that to heart.
Even though I didn’t know what the catastrophe was for each new regulation, I
enforced them all. After all, that’s what the taxpayers were paying me to do.
few New Orleans cops that occasionally tell confused parents to move their
ladders back from the curb remember the story of Christian Lambert.
As it turns
out, placing our ladders close to the curb is not legal. In 1985 the New
Orleans City Council passed an ordinance that says that ladders must be placed
as many feet from the curb as they are high. (However, the law is often openly
flouted, particularly on the main St. Charles Ave. parade route.)
The law was
passed because of a tragedy that occurred in 1981 at the Krewe of Orleanians parade.
Christian Lambert was an eight-year-old boy who was launched from his ladder and
was crushed under a float when the crowd surged forward.
consistent enforcement is a critical component to ensuring compliance. Understanding
the origin and intent of regulations is an essential motivator.