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OSHA issues fine over John Bernecker’s death

By Sarabeth Pollock

NEW YORK, NY - OCTOBER 08: A view of the programs to be signed at the AMC presents 'The Walking Dead' at New York Comic Con at The Theater at Madison Square Garden on October 8, 2016 in New York City. (Photo by Jamie McCarthy/Getty Images for AMC)
NEW YORK, NY - OCTOBER 08: A view of the programs to be signed at the AMC presents 'The Walking Dead' at New York Comic Con at The Theater at Madison Square Garden on October 8, 2016 in New York City. (Photo by Jamie McCarthy/Getty Images for AMC) /
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After months of investigation following the tragic death of The Walking Dead stuntman John Bernecker, OSHA hands down the maximum fine in its citation.

John Bernecker’s tragic death back in July 2017 sent shockwaves through The Walking Dead community. After concluding their investigation of the accident, the Occupational Safety and Health Administration, or OSHA, handed down the maximum fine of $12,675 as part of their citation.

OSHA’s citation falls into the “serious” category, which is different from “willful” or “repeat” citations. The Walking Dead’s production company Stalwart Films LLC was being cited “for the company’s failure to provide adequate protection from fall hazards.” There is an appeal process and Stalwart Films LLC now has 15 days to either pay the fine or contest it.

The Hollywood Reporter obtained a response from Stalwart Films LLC that suggests they might contest it: “This was a tragic and terrible accident. We take the safety of our employees extremely seriously on all of our sets and comply with – and frequently exceed – industry safety standards. We disagree with the issuance of this citation and are considering our response.”

Police reports indicate that Bernecker had told one of the actors that he’d never made a jump from that height, and he ended up missing the mark by inches.

In the aftermath of the incident the cast and crew of The Walking Dead cancelled press events at San Diego Comic Con and there were several dedications and tributes to the stuntman when season 8 premiered in October 2017.

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With the possibility of an appeal lingering, it’s hard to say whether anything will change on-set given that Stalwart Films LLC believes that this was more of freak accident than a failure to protect an actor. However, with the citation comes increased scrutiny on future stunt work.

We’ll keep you posted as this story develops.

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