Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily halted production of its eighth season, and the Occupational Safety and Health Administration (OSHA) opened an investigation. 

According to OSHA, more than 4,500 workers are killed on the job every year, and approximately 3 million are injured.  While all accidents cannot be avoided, under the Occupational Safety and Health Act, every employer is responsible for the safety and health of its employees while on the job.

Last October, OSHA released its annual list of the 10 most frequently cited safety and health violations, based on data compiled from nearly 32,000 workplace inspections:

1. Fall protection
2. Hazard communication
3. Scaffolds
4. Respiratory protection
5. Lockout/tagout
6. Powered industrial trucks
7. Ladders
8. Machine guarding
9. Electrical wiring
10. Electrical, general requirements

This list rarely changes from year to year, and OSHA contends that the number of workplace deaths and injuries would dramatically decline if employers focused on correcting these hazards.

The stuntman’s death on the set of “The Walking Dead,” which resulted from injuries associated with a fall, is believed to be the first stunt-related death reported in the United States in the last 17 years. Injuries from falls, however, especially in the construction industry, remain among the most common workplace hazards and continue to dominate OSHA’s list, with fall protection, scaffolds, and ladder issues among the top 10.

Of course, OSHA regulations are the bare-minimum standards employers must meet to be in compliance with the law, but employers should strive to go above and beyond the minimal requirements to ensure a safe workplace for their employees. Not only is it the right thing to do, but studies have shown that providing a safe workplace reduces costs, raises productivity, and improves morale, and that’s just good business.

For more information and OSHA’s recommendations for creating a safety and health program, go to www.osha.gov/shpguidelines. Finally, if your business is facing an OSHA investigation or needs advice about OSHA compliance, you should consult your employment counsel.

May you rest in peace, Mr. Bernecker.

• 

  Marilyn Moran, FordHarrison
  Marilyn G. Moran has been representing employers for over 20 years as a trusted advisor and experienced litigator. She is passionate about learning her clients’ businesses from the ground up and working with management and HR to solve problems and implement smart business solutions. In addition to litigating cases through the judicial and arbitration process, Marilyn provides advice and training on a wide variety of employment law issues, including discrimination, harassment, retaliation, wage and hour violations, and reductions in force. She also helps employers navigate the process of accommodating employees with disabilities under the ADA and managing employee leave under the FMLA. Find her on Twitter and LinkedIn.