Rust Production Company Appeals Fine Over Safety Violations

Topline

Rust Movie Productions, the company behind the movie Rust which was filming when a gun in actor Alec Baldwin’s hand killed cinematographer Halyna Hutchins, appealed a decision and fine from a state agency that found that it “demonstrated plain indifference to employee safety,” leading to Hutchins’ death.

Key Facts

Rust Movie Productions filed a notice of contest Tuesday, according to the Hollywood Reporter, stating the New Mexico Environment Department’s Occupational Health and Safety Bureau was not qualified to evaluate the set due to “their misunderstanding of the film industry.”In the motion, the production company wrote that a fire extinguisher “NMED claims should have been inspected and maintained” was not real and was actually “a special effects device used to create fake smoke,” according to the Reporter.

Rust Movie Productions said it was allowed “to delegate such critical functions as firearm safety to experts in that field” and did not “place such responsibility on producers whose expertise is in arranging financing and contracting for the logistics of filming.”

The company said it enforced all safety procedures on set, including addressing previous alleged misfires on the set that were called out by the OHSB, saying none of the incidents “violated firearm safety protocols on the set and appropriate corrective actions were taken, including safety briefings of cast and crew.”

The company also countered claims from the OHSB that the attention of production’s armorer, Hannah Gutierrez-Reed, was spread too thin by also serving as the movie’s props assistance, and said her weapons-related duties “always took precedence over any responsibilities related to props.”

Criminal charges have not yet been filed in relation to the shooting, and last month the Santa Fe Sheriff’s Department said the investigation is still ongoing.

Key Background

The OHSB fined Rust Movie Productions a maximum fee of $136,793, saying management failed to follow firearm safety guidelines and committed “serious” and “wilful” failures leading to an “avoidable loss of life.” The company allegedly broke safety protocols by having live ammunition on set, holding safety meetings when firearms are being used and not pointing weapons directly at people unless the armorer or other safety leaders gave permission. After the release of the report, Baldwin’s lawyer claimed the findings exonerated his client by indicating Baldwin believed the gun was safe to use and that his role as a producer on the movie was relegated to casting and creative decisions. Lawyers for Gutierrez-Reed also said the OHSB showed she “was not provided adequate time or resources to conduct her job effectively, despite her voiced concerns” and “also determined that production failed to call Hannah in to perform her armorer duties and inspect the firearm right before its use in the impromptu scene with Baldwin.”

Further Reading

‘Rust’ Production Company Fined For Not Following Safety Procedures That Led To Shooting (Forbes)

Alec Baldwin Boasts About ‘Rust’ Shooting Report He Claims ‘Exonerates’ Him (Forbes)

‘Rust’ Shooting Victim’s Family Says Footage Shouldn’t Have Been Released (Forbes)

No One ‘Off The Hook For Criminal Charges’ In ‘Rust’ Shooting, Sheriff Says (Forbes)

‘Rust’ Investigation Still Ongoing Six Months After On-Set Shooting, Authorities Say (Forbes)

Source: https://www.forbes.com/sites/marisadellatto/2022/05/10/rust-production-company-appeals-fine-over-safety-violations/