Disney fined for Pluto worker's death

cherrynegra

Well-Known Member
Original Poster
Posted on Wed, Aug. 11, 2004

Disney fined $6,300 for Pluto worker's death in parade

MIKE SCHNEIDER

Associated Press

ORLANDO, Fla. - Walt Disney Entertainment has been fined $6,300 by a federal agency for the death of a worker dressed as Pluto who was run over and killed by a float as it entered a Magic Kingdom parade, officials said Wednesday.

The right foot of Javier Cruz, 38, became caught between the second and third sections of a three-part float as it was about to enter the parade route from a backstage area for the afternoon "Share a Dream Come True" parade last February. His body got twisted around and he fell down.

The Occupational Safety and Health Administration issued the citation categorized as "serious" because employees were exposed to the hazard of being struck by motorized vehicles, according to OSHA. The maximum penalty for a "serious" citation is $7,000, although the agency issues citations as high as $70,000 for repeat violators or if the violation was considered "willful."

Disney has 15 days to contest the citation or request a hearing before an administrative judge, said Les Grove, OSHA's area director in Tampa.

Disney has until Aug. 20 to show OSHA that it has made changes to prevent a similar accident from happening again. Among the measures that would meet that criteria are creating a barrier between floats and parade workers and making sure parade procedures are followed properly, Grove said.

In a statement, Disney spokeswoman Veronica Clemons said officials at the theme park resort planned to review safety measures with OSHA officials.

"The safety and security of our guests and cast members is a top priority," the statement said. "We continue to keep Javier Cruz's family and friends in our thoughts and prayers."
 

GoofMaul

New Member
venooch333 said:
I think its kinda sad that they can put a proce on a person's life! :mad: :king:

They are not technically putting a price on Mr. Cruz's life. OSHA has rules for occupational saftey that need to be followed and the only way companies will comply is to hit them where they hurt, their pocket books. Without these rules and penalties many work places would resemble the same kind of labor abuse that goes on in developing countries. It is sad that we need to hit these companies over the head to comply, but what ever works. I am not saying Disney is a bad company, but in this case it does sound like character CMs working in the parade are at risk of being struck. They are in a costume that is difficult to see out of and have to be around large cumbersome motorized vehicles that also have difficult in noticing what is around them.
 

bgraham34

Well-Known Member
They that not much of a fine. Its the same thing with baseball they will fine the player 500 bucks. But thats chump change. To me 500 or 7k is a big deal but if the fine were .50 cents it would be nothing to me.
 

Kwit35

New Member
The fines are standard. I think the point here is that they expected to make changes to ensure that this does not happen again.
 

netenyahoo

New Member
They need to give fines to make sure changes are made, but Disney has already made the changes, so the fine is really just the governments may of getting money. Everyone is saddened by his death and wished it never happened including Disney. It was an unfortunate accident and I am sure Disney will do everything possible to make sure it never happens again.
 

cherrynegra

Well-Known Member
Original Poster
netenyahoo said:
They need to give fines to make sure changes are made, but Disney has already made the changes, so the fine is really just the governments may of getting money.

I humbly disagree. The fine is the punishment for violating the law or a regulation. In this case it was a safety violation. I know some may think the fine wasn't much, but it's not this particular agency's job to collect for the victim so much as to ensure the safety for other employees, and that safety procedures are tightened and followed.

And you're right netenyahoo. I'm sure Disney has revised their safety procedures.
 

Wckd Queen

New Member
cherrynegra said:
I humbly disagree. The fine is the punishment for violating the law or a regulation. In this case it was a safety violation. I know some may think the fine wasn't much, but it's not this particular agency's job to collect for the victim so much as to ensure the safety for other employees, and that safety procedures are tightened and followed.

And you're right netenyahoo. I'm sure Disney has revised their safety procedures.

Gordon, I agree with you, but what is sad is that, to a company the size of Disney (and I am by no means just singling out Disney here... I am talking all major corporations in all industries) a fine of $7,000 is relatively nothing. Judging by Disneys prior safety record, they apparently have run a fairly safe operation (although we aren't privvy to their safety records that I am aware of) and have set the standards rather high so as to avoid these kinds of tragic accidents. Odds are they have taken steps in an attempt to rectify this already, so if that attempt meets with OSHA's liking, there will be no further fines. But, whats $7,000 to a company the size of Disney really? I don't see how those kinds of fines, in general, will keep ginormous companies towing the line :mad:
 

wannab@dis

Well-Known Member
The Occupational Safety and Health Administration issued the citation categorized as "serious" because employees were exposed to the hazard of being struck by motorized vehicles, according to OSHA.
The last thing I heard about this was that he was in the wrong place and was not supposed to be lined up with the float yet. Has that changed? If not, then he didn't follow the procedures that Disney established or didn't understand / know the procedures fully.

Plus, employees are exposed to the hazard of being struck by motor vehicles every day. Just walk out to the parking lot at your office or go into a warehouse where lifts and booms are used. I just don't get their reasoning, but would like to see the full report to understand how Disney did not follow correct procedures.

Sometimes OSHA fines are based on training and not on procedures. Could that be the case here? Maybe they had the correct procedures, but OSHA found they did not follow up with training to make sure the employees understood the procedures. That could explain the seemingly low fine. The fine may be much higher if the procedures were not in place.

Please don't take what I'm saying as an attack on Mr. Cruz or placing the blame on him, I'm just pointing out things that seem to be unanswered at the time.
 

PKD

Active Member
Mr. Cruz was in fact in the wrong place when the accident accord. He was to be standing TWO floats behind the one he was next to. Also when crossing over into the parks onstage area, you are to never be "next too" a float due to the sight lines of the driver and other CM's.

Disney has failed many times in the past and no one has been hurt, in this case however Disney didn't do anything wrong. It was in fact Mr. Cruz's choice to not follow safty guidlines.

All said, this is still a HORRIBLE accident, which i wish never did happen of course!
 

WDWScottieBoy

Well-Known Member
I don't know about "putting a price" on the death as it was done according to regulations of the state or OSHA. One thing I know we don't like to see but all know, is the part that mentioned "...the death of a worker dressed as Pluto..." All things aside, it's sad that this happened and let's all hope and pray that it doesn't happen again.
 

HennieBogan1966

Account Suspended
A Couple of points

I won't diminish the loss of life here, but as has been pointed out already, Mr. Cruz was in the wrong place, and was in fact in violation of Disney policy and procedure. I say this to make this point. How many times do people wax on and on about how large corporations don't follow federal guidelines when it comes to worker safety, health ins., policies and payroll policies? And people want something done about it. They want the top dog fired and thrown in jail. Again, it's a tradgedy, but Disney didn't do anything wrong on this one.

Secondly, I find it a joke that OSHA would levy such a fine. It does in fact diminish the loss of life and shows that they are only doing this to make people think that they are doing their job. I know it sounds as if I am on both sides here, but I am not. If I'm with upper mgmt. at Disney, I'm going to appeal this heavily on several merits. But to think that this agency, which is supposed to protect the american worker, would levy such a pittance of a fine is a joke, and shows why their dept. needs a complete revamp.
 

imagineer boy

Well-Known Member
netenyahoo said:
They need to give fines to make sure changes are made, but Disney has already made the changes, so the fine is really just the governments may of getting money. Everyone is saddened by his death and wished it never happened including Disney. It was an unfortunate accident and I am sure Disney will do everything possible to make sure it never happens again.

Well, it really wasn't anyone's fault for the loss of life for Javier Cruz. It wasn't his fault, it wasn't the float driver's fault, and it wasn't Disney's fault. It was an accident. Accidents happen. I'm not too sure if the fine is too necessary.
 

ScrapIron

Member
Incomplete

The story left out some important details.

" Disney was cited by the Occupational Safety and Health Administration for one serious violation of rules, the Orlando Sentinel reported.

But an OSHA official said employees frequently violated the company's safety guidelines and supervisors did not enforce the rules.

"There was an issue where employees were frequently in an area where they shouldn't have been," said Les Grove, director of the agency's Tampa office."

Above from a UPI story here:

http://washingtontimes.com/upi-breaking/20040812-095358-3830r.htm
 

Tramp

New Member
The $6,300 fine might seem miniscule but it has olympian ramifications for the Cruz family for which the door has now been opened for a huge monetary settlement. OSHA has said Disney was at fault. The fine is for violating OSHA's rules and would have been the same if no one was killed. The civil lawsuit is where punitive damages are awarded.

PS: I'm not a lawyer and have no idea what I'm talking about. :zipit:
 

TheDisneyGirl02

New Member
It was an accident, and accidents happen. But of course somebody has to pay. I was involved in a car accident 2 years ago and just recently my insurance(can't spell to save my life today!) company had to pay the two women (who really were at fault) a huge amount of money to settle a lawsuit they had against me/the insurance company.

Paying a fine or awarding money to people, won't bring back that person or prevent something that had already happened. I just don't understand how some people can't see that.

Javier was a jokester...I knew him personally and I miss him very much. My trip to Disney was weird since I knew he was no longer around. He was a wonderful guy, and I truly feel her wouldn't have wanted this to all come about.

TheDisneyGirl02
 

Yen_Sid1

New Member
Disney was at fault because they have safety guidelines and they didn't enforce them. Because the parade supervisors didn't stop people from doing it even though knew it was wrong. They should corrected each person who was violating the safety guidelines. If they have given oral or written reprimands for each occurance, I'm sure it wouldn't have happened as much. So Disney wasn't enforcing their own safety guidelines.

Probably what happened when they interviewed the parade workers everyone said Everybody does that all the time and we never had a problem before and no one tells us to get out of the way.

The trailer units are poorly designed anyway especially for safety. The driver is in the first section and can't see behind him. He is just towing them and the trailer sections do not have any brakes on them either. A tug motor has to brake them going down the hills also. So something happens to the trailer section either equipment or pesonnel wise, the driver would never know it. And that is highly unsafe.
 

NeedABreak

New Member
The point of the fines are not to seriously harm a large companys bottom line, they are a warning that is reflected in the earnings of that company.

No company wants to be assocciated with dangerous work conditions so disney would take steps to insure that this never happened again and the fine was small this time but they can raise it in the future as was stated in the story.

This fine does not have anything to do with the value of a humans life, nothing is equal to that, it does however place blame on Disney and allows the family to sue for lost income, ect...

This is a tradgedy but it was an accedent, if the death would have occured in a very dangerous situation in which the CM was in constant and real danger then the fine would have been much larger but by issueing the small fine the let Disney know that they have done wrong but also they are saying that this was not a serious infraction of reguatlions.

Accedents happen no matter how safe your workplace is there is no bad guy here.
 

Trainee031589

New Member
imagineer boy said:
Well, it really wasn't anyone's fault for the loss of life for Javier Cruz. It wasn't his fault, it wasn't the float driver's fault, and it wasn't Disney's fault. It was an accident. Accidents happen. I'm not too sure if the fine is too necessary.
Exaclty accidents happen. People forget prcedures when they do their job it shouldn't happen but it does and someitmes it's sad like now. I just hope the company will take of his family. Hopefully he died doing what he loved to do that's how I wanna go
 

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