It was charged with firearms safety violations on the set for “Rust,” where a cinematographer was shot and killed by Alec Baldwin, actor and producer.
New Mexico’s Occupational Health and Safety Bureau ordered Rust Movie Productions to pay $136,793. They also distributed a scathing narrative about safety failures in violation industry protocols. This included testimony that production managers did not take any action to correct two misfires on the set before the fatal shooting. Also, the bureau documented crew safety complaints about guns that were ignored and stated that weapons specialists weren’t allowed to make safety training decisions.
According to Bob Genoway (bishop chief for occupational safety), “What we had was a set o obvious hazards to employees regarding firearm use and management’s inability to act upon those obvious hazards.”
Baldwin pointed a gun at Halyna Hutchins, cinematographer, in a Santa Fe ranch, on Oct. 21, 2021. The incident occurred during set-up for filming a scene. It went off, killing Hutchins, and injuring Joel Souza, the director.
Baldwin stated in an interview with ABC News December that he was pointing a gun at Hutchins as she instructed him on the New Mexico set for the Western film. However, he didn’t pull the trigger.
According to the new occupational safety report, a large-caliber revolver that was not loaded was given to Baldwin by David Halls, an assistant director. Regulators point out that Halls was also the safety coordinator. He witnessed two accidental rifle discharges on set and that he, along with other managers, did not take any corrective, investigative or disciplinary action. Crew members expressed their surprise and discomfort.
The report states that the Safety Coordinator was present at set but did not take any direct actions to address safety concerns. Management was given multiple options to correct safety concerns, but chose to ignore them. These failures resulted in the severe injuries of director Joel Souza, and cinematographer Halyna HUTCHINS. Halyna Hutchins died from her injuries.”
Rust Movie Productions stated through a spokesperson it would contest the findings and sanction.
Stefan Friedman stated, “While we appreciate OSHA for its time and effort in its investigations, we disagree with its findings. We plan to appeal,” The state’s occupational safety and health board would first hear any appeal.
Baldwin’s attorney was unavailable immediately.
A film budgeted at $7 million is subject to the state fine. Baldwin received a $250,000 salary as actor and producer. He may have invested some of this money back in the production.
There have been at least five lawsuits filed regarding the shooting. One of these was a wrongful-death suit brought against Baldwin and other producers by Hutchins’ families. Matt Hutchins, a widower, and his nine-year-old son claim that he was treated with “callous disregard” when safety concerns were raised on the set.
James Kenney, secretary to the Environment Department, which oversees occupational safety, stated that the agency devoted 1,500 hours to its investigation and examined hundreds of documents. It also conducted at least 12 interviews with cast members and crew members.
Investigators discovered that production managers set strict limits on the resources available to a small group of weapons control personnel on set. They also failed to address concerns over a shotgun left unattended two times.
Hannah Gutierrez Reed was an armorer. She was the daughter of a sharpshooter, and a consultant to film productions. Her time as an armorer was limited to eight days. However, she was also assigned to light duties as a props assistant. Gutierrez Reed warned her manager when her time as an armourer was up, but she was denied.
Safety investigators also found that the production company failed to develop a process to prevent live ammunition from being brought onto set. This is in violation of safety protocols. Safety meetings were held, but not all weapons were used as required.
Kenney stated that separate investigations into possible criminal allegations are ongoing. Santa Fe County Sheriff and local prosecutors did not immediately respond to Kenney’s request for comment.
Kenney stated that his agency did not receive any safety complaints from cast and crew before the fatal shooting. Anonymity is available.
He said, “This tragedy, this loss, it could have been avoided, and we want people say something.”
In 2019, Democratic Gov. Kenney appointed Kenney. Michelle Lujan Grisham was a strong advocate for the film and television industry. She increased the state’s cap on incentives to the industry shortly after she took office.
New Mexico is a competitor to non-Hollywood production locations in states like Georgia, Louisiana, and New York. In recent years, film productions have been flocking to New Mexico to take advantage of its varied outdoor scenery, moderate cost and generous state incentives. This includes a rebate of between 25% to 35% on in-state video production expenses that helps filmmakers small and large underwrite their work.
