LOS ANGELES — A New Mexico government agency handed the "Rust" movie production its maximum fine of $136,793 for safety violations that led to the death of cinematographer Halyna Hutchins last October.
The agency concluded that the management of the production knew that firearm safety procedures were not being followed on set and failed to review work practices and take corrective action, New Mexico's Occupational Health and Safety Bureau (OHSB) said in a statement Wednesday. The Bureau issued a “willful" citation and found management demonstrated indifference to employee safety.
“Our investigation found that this tragic incident never would have happened if Rust Movie Productions, LLC had followed national film industry standards for firearm safety,” New Mexico Environment Cabinet Secretary James Kenney said in a statement. “This is a complete failure of the employer to follow recognized national protocols that keep employees safe.”
The report will be a boost to Hutchins' family, who have sued the producers and others linked to the production, alleging they breached a number of safety standards. Hutchins’ death became a rallying cry for film set safety and a reminder of other lives lost in the industry.
The Bureau had six months from the incident to report its findings. It said the guidelines breached included failing to ban live ammunition from the set; not holding safety meetings when firearms are being handled; and failing to ensure that employees refrained from pointing a firearm at anyone except after consultation with the property master, Armorer or other safety representatives, such as the first assistant director.
Under federal requirements, Rust Movie Productions, LLC has 15 business days after receiving the citation to either pay the penalty and provide OHSB with certification of corrective action, or to contest the citation with the Occupational Health and Safety Review Commission, the Bureau said.
Representatives of Rust Movie Productions were not immediately available for comment.
What happened on the low-budget Western raised questions about how a live bullet got onto the set and was loaded into a weapon without being checked.
A walkout by the camera crew over working conditions set up a perilous course of events on the day of the shooting, as the production pushed ahead. During rehearsals on Oct 21, 2021, Alec Baldwin fired a prop gun, which he was unaware had been loaded with a live round, killing Hutchins, and wounding director Souza.
In New Mexico, the state administers the federal Occupational Safety and Health Administration program, which regulates workplace safety.
Baldwin and other producers on the movie have been the subject of several lawsuits. The Hutchins family filed a wrongful death suit in February against Baldwin and other producers as well as several other members of the production.
