“There were serious flaws in management”said state Cabinet Secretary for the Environment James Kenney in a video statement (see below), “and more than enough evidence to suggest that if standard industry practices were followed, the fatal shooting of Halyna Hutching and Joel Souza’s serious injury would not have occurred… This is a complete failure of the employer to follow recognized national protocols that keep employees safe.”
Hutchins and Souza were hit by a bullet fired from a gun held by Alec Baldwin, who assured that they told him that the weapon was not loaded. He also claimed that he did not pull the trigger and that it must have missed when he pointed the gun at the camera during rehearsals at Bonanza Creek Ranch, outside of Santa Fe.
The report concludes that the management of Rust Movie Productions LLC “was aware that firearms safety procedures were not being followed on set and demonstrated total disregard for employee safety by failing to review work practices and take corrective action.”
The production company was issued an “intentional-serious citation” that includes a civil penalty of $136,793. “This is the highest level of citation and the maximum fine allowed by state law in New Mexico”the Office said in a statement. “Rust Movie Productions LLC was cited for simple disregard for the recognized dangers associated with the use of firearms on set that resulted in a fatality, serious injury, and unsafe working conditions.”
The statement adds: “While the motion picture industry has clear national guidelines for firearm safety, Rust Movie Productions, LLC failed to follow these guidelines or take other effective steps to protect workers.
Rust Movie Productions, LLC documents state that it would follow the Industry Management and Occupational Safety Committee Safety Bulletin #1, “Recommendations for Firearm Safety and Use of Blank Ammunition,” but did not comply. with these guidelines on set.
The guidelines require that live ammunition “never be used or brought into any studio or setting,” that safety meetings be held every day when firearms are handled, and that employees “refrain from pointing a firearm to anyone” except after consultation with the Property Master, gunsmith, or other security representative, such as the first assistant principal.
Per federal requirements, Rust Movie Productions LLC has 15 business days after receiving the citation to pay the fine and provide the OHSB with certification of corrective action, or to contest the citation with the Occupational Safety and Health Review Commission. Should production of this film ever resume, Rust Movie Productions LLC must correct the violations referenced in this citation before resuming operations.
“Employees should speak up about unsafe conditions in the workplace or report it to us anonymously,” said OHSB office chief, Robert Genoway. “As a reminder, it is illegal for any employer to retaliate against any employee who alleges a workplace safety violation.”
The investigation encompassed 1,560 hours of staff time, 14 interviews, and the review of 566 documents.
The report comes as the Santa Fe Sheriff’s Department and the local district attorney continue their investigation into possible criminal charges. Several civil lawsuits have also been filed, including a wrongful death lawsuit by the Hutchins family against Baldwin, other producers, and the Rust team. Baldwin, who produced and starred in the doomed production, has sought compensation for not being held legally responsible for the tragedy.
Source: Ambito
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