Disney fined $36,000 for fatal fall on set of Marvel’s ‘Wonder Man’

Disney has been fined $36,000 after an employee of the Marvel series “Wonder Man” was killed in February.

JC “Spike” Osorio, a lighting technician, died on February 6 after falling through a rotten catwalk in Stage 3 of the Radford Studio Center in Studio City.

A Cal/OSHA investigation concluded that the walkway had a damaged piece of wood that was not properly nailed to a roof support.

“The deteriorated ledger was likely weakened due to age, environmental conditions, and repeated stress loads over many decades,” the research summary said. “As the crew walked the walkways, the employee stood on the weakened portion of the walkway. Suddenly, and without warning, the ledger supporting the floor slab broke apart and collapsed while the employee was standing on this section of the walkway. The employee fell 13 meters and landed forcefully on the ground.”

The investigation confirmed the story told by a witness and two IATSE officials Variety in February. The death prompted many studio facilities to upgrade their catwalks.

The workplace safety agency filed two “serious” charges against Disney through its production entity Ionic Productions on August 6.

Each citation carries a proposed fine of $18,000. The maximum fine the agency can impose for a serious charge is $25,000.

Cal/OSHA also issued two citations to the Radford Studio Center, both in the amount of $22,500, bringing the total of fines for both companies to $81,000.

The companies have fifteen working days to appeal to the Professional Council for Safety and Health at Work. Disney declined to comment but is expected to appeal.

Osorio’s widow, Joanne Osorio-Wu, and mother, Zoila Osorio, filed a wrongful death lawsuit against Radford Studio Center in May, seeking unspecified damages.

The lawsuit alleges that the facility knew, or should have known, that the walkways were “in poor condition and in urgent need of repair.”

The family’s attorney, Erika Contreras, said the investigation confirms the allegations in the civil suit.

“OSHA’s citations against Radford Studio Center confirm that Mr. Osorio’s death was 100% preventable,” Contreras said. “It also confirms that Radford Studio Center has failed in its non-delegable duty to properly maintain, repair and inspect its premises. Unfortunately, Mr. Osorio paid the ultimate price for Radford’s failure.”

Radford’s attorneys filed an answer to the lawsuit in July, raising standard defenses, including that the accident could have been caused by Osorio’s negligence, or by the negligence of others.

Hackman Capital Partners bought the ViacomCBS facility in 2021 for $1.85 billion. The company has proposed a $1 billion expansion and modernization plan, stating in its proposal that the facility was “outdated and outdated” and had suffered from “decades of underinvestment.”

Hackman also declined to comment.

“We are deeply saddened by the death of Juan ‘Spike’ Osorio and extend our sincere condolences to his family and friends,” the company said in February. “We will continue to cooperate fully with the ongoing investigations.”

Osorio was a member of IATSE Local 728.

“IATSE Local 728 is grateful to Cal/OSHA for their commitment to making our workplaces safer,” the union said in a statement. “The loss of Spike was and is unnecessary because everyone has to go home safely after a day of work. While we recognize and appreciate the work that all major studios have done in adapting their soundstages since this tragedy, there are many non-Union facilities that do not have the resources and oversight to make this possible. We remain steadfast in our commitment to the safety of our members and hold our employers to their federally mandated duty of a workplace that is safe and free from hazards. We continue to support Spike’s family and his crew. The loss is deeply felt.”