‘Rust’ Objections to Claims of Responsibility for Unsafe Conditions on Film Set

An unhappy company Oxide The film challenges the findings of the New Mexico Office of Occupational Health and Safety, which last month fined the company $136,793 for “deliberate and gross” violations of workplace safety procedures. The maximum sentence allowed by law will be followed by a six-month investigation by the Bureau into the conditions that led to the accidental shooting that killed cinematographer Halina Hutchins and injured director Joel Sousa on October 21.

Rust Movie Productions LLC had 15 business days after receiving the citation on April 20 to pay the fine and issue a corrective action certificate to the OHSB or submit a citation to the Occupational Safety and Health Review Commission.

The office, which is part of the New Mexico Department of the Environment (NMED), said its findings referred to the company’s “simple ignorance of the firearm threat, resulting in serious and fatal injuries and conditions.” . “

The manufacturer who complained about the listing said the reasons for the listing were “wrong in fact and in law.” He said he should not cite at all, as there is no “employer” responsible for overseeing film production, particularly overseeing certain protocols such as the maintenance and loading of weapons. The law properly authorizes producers to delegate critical functions such as firearm safety to subject matter experts, and their expertise is for film logistics. does not impose such responsibilities on the organization and the contracting producers.

The bureau found that “despite the motion picture industry having clear national fire safety guidelines, Rust Movie Productions, LLC failed to follow these guidelines or take other effective steps to protect workers. Rust Movie Productions, LLC documents indicate that it complies with Industry Broad Management Safety Committee Security Bulletin #1, “Recommendations for the Use of Blank Firearms and Ammunition,” but does not follow these directions on the plate. The guidelines require that live ammunition “never be used and handed over to a studio or stage,” that daily safety meetings are held while firearms are handled, and that officers refrain from using firearms against anyone outside of interrogation. Like property foreman, armor or other security representative, deputy first director. By not following this practice, life was prevented.”

In examining these allegations, Rust Movie Productions complained that “the alleged violation itself: the existence of the alleged conditions and/or that these conditions constitute a violation of that provision”; He contested the nature of the alleged violation and contested the proposed fine.

Read the company’s competition announcement here.

In a lawsuit filed against the company, the Bureau said that three firearms were “discharged” prior to the fatal shot and stated that “the shot had been reported and at least one employee did not feel safe, but company management did not take Rust’s corrective action.”

However, the company said that “three possible ‘misshots’ were properly eliminated. The first was certainly not a gunshot and did not contain a firearm: it was a harmless sound from a special effects detonator. The other two involved running on empty laps. Contrary to NMED’s statements, none of the “misfires” violated firearm safety protocols on set and no appropriate corrective action was taken, including safety briefings for the cast and crew.

The bullet that killed Hutchins and injured Souza was fired at Alec Baldwin, who claimed he didn’t fire a shotgun and misfired when he pointed his camera at Santa’s rehearsal at Bonanza Creek Ranch outside Santa’s. Belief.

The investigation found the opposite, and the company further argued that “deputy directors were instructed by the company’s production manager”, stating that it had not “intentionally” violated any of its security protocols and in fact complied with all applicable security protocols. department to ensure morning security.” Firearms were used in meetings throughout the day. There was even a security meeting on the morning of the incident.”

He claimed that his confession was obtained through torture and that his confession was obtained through torture. The union official’s phone number and the IATSE security line appeared on all daily calls. In addition, industry and union representatives, including a designated team member from IATSE, were always on site to ensure their own safety protocols were in place.”

The company also denied NMED’s finding that the film’s armorer, Hannah Gutierrez-Reed, was overwhelmed by the need to act as an assistant, arguing that it “contradicted substantial evidence”. Armor had plenty of time to properly inspect and protect all firearms and ammunition within firing range, and his duties as an armor technician always outweighed propeller-related responsibilities. Costume designer Theresa Davis told property teacher Sarah Zachary in a communication on October 29, 2021, “Mrs. Giteres-Reed did not do her job well. And he had plenty of time for that because we had some extra time before the camera went off that morning. She can say whatever she wants during training and all that bullshit but that’s why she didn’t kill Halina. ”

The company further argued that NMED “falsely relied on statements from the first assistant cameraman (operator) who was not familiar with the security protocols and procedures of another department or any security professional.” Also, the camera assistant was absent on the day of the shooting as he checked out of the hotel due to accommodation complaints.

Rust Movie Productions also contested the claim that the extinguisher was not inspected on set, saying NMED’s claims about the “alleged fire extinguisher” needed to be verified and supported, which is a special-effects fire extinguisher, not an actual fire extinguisher. device. It is used to create fake smoke. Attempts to use fire extinguisher regulation in special effects devices show that they do not understand the film industry.