SANTA FE, N.M. — The film production company responsible for the “Rust” set received the maximum fine possible of nearly $137,000 by New Mexico workplace safety regulators on Wednesday. The firearms safety failures were ongoing when cinematographer Halyna Hutchins was fatally shot by actor and producer Alec Baldwin.
New Mexico’s Occupational Health and Safety Bureau issued a scathing report of safety failures in violation of industry standards. As a result, the agency fined Rust Movie Productions a whopping $136,793, The Associated Press reported.
The Safety Bureau’s report included testimony that production managers took limited or no action to address two misfires on the set prior to the deadly shooting of Hutchins.
Moreover, the agency documented gun safety complaints received from crew members that were disregarded and said weapons specialists were essentially neutered and not allowed to make decisions about additional safety training.
“What we had, based on our investigators’ findings, was a set of obvious hazards to employees regarding the use of firearms and management’s failure to act upon those obvious hazards,” Bob Genoway, bureau chief for occupational safety, told The Associated Press.
The notorious fatal encounter occurred at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. According to investigators, Baldwin was pointing a gun at cinematographer Hutchins inside a small church during setup for the filming of a scene when it was discharged. Hutchins was killed and director Joel Souza was wounded.
Several lawsuits have been filed in the aftermath of the tragedy, including one by Hutchins’ family accusing Baldwin of “reckless conduct,” Law Officer reported.
The Safety Bureau’s report says that a large-caliber revolver was handed to Baldwin by an assistant director, David Halls. This act was done without consulting with on-set weapons specialists during or after the firearm was loaded.
Halls also served as safety coordinator, according to regulators. He was present and witnessed two negligent discharges involving rifles on the set.
Neither Halls nor other managers who knew of the misfires conducted an inquiry or took corrective action. As a result, crew members expressed surprise and discomfort, according to the report.
“The Safety Coordinator was present on set and took no direct action to address safety concerns,” the report says. “Management was provided with multiple opportunities to take corrective actions and chose not to do so. As a result of these failures, Director Joel Souza and cinematographer Halyna Hutchins were severely injured. Halyna Hutchins succumbed to her injuries.”
A spokesperson for Rust Movie Productions said they would dispute the findings and subsequent sanction.
“While we appreciate OSHA’s time and effort in its investigation, we disagree with its findings and plan to appeal,” said Stefan Friedman.
If they file an appeal, it will be heard initially by the state’s occupational health and safety commission, The Associated Press reported.
James Kenney, secretary of the Environment Department that oversees occupational safety, said the agency dedicated 1,500 staff hours to its investigation, examined hundreds of documents and conducted at least a dozen interviews with cast and crew members.
Kenney confirmed that separate investigations into possible criminal charges are still ongoing. The Santa Fe County Sheriff’s Office and local prosecutors had no immediate comment.
Kenney said his agency received no direct safety complaints from cast or crew prior to the fatal shooting.
“This tragedy, this loss of life, it could have been prevented, and we want people to say something,” he said.
