As we reported earlier, following the fatal shooting on the set of “Rust,” New Mexico’s Occupational Health and Safety Bureau announced that the film’s production company, Rust Movie Productions LLC, would be fined the maximum $139,793 for serious safety failures that occurred on the set. Alec Baldwin’s attorney is now claiming that the new report “exonerates” him.
Alec Baldwin posted the following statement: pic.twitter.com/mXxvU1ZFG9
— Cristina Tenaglia (@cristina_CP24) April 20, 2022
“We appreciate the report exonerates Mr. Baldwin by making clear that he believed the gun held only dummy rounds,” Baldwin said in a statement through his attorney. The attorney claimed that the report found Baldwin’s role was “limited to approving script changes and creative casting. Mr. Baldwin had no authority over the matters that were the subject of the Bureau’s findings of violations, and we are pleased that the New Mexico officials have clarified these critical issues.”
Except that isn’t what the report says. The report doesn’t say that his power was “limited” to script changes. It says his powers “included” script changes and actor candidates. Words matter, and included doesn’t mean limited. Plus, as they note, that wasn’t his only role, as the report laid out.
Joel Souza, Director and Alec Baldwin, as Producer and Actor, worked with several producers to fund and create Rust. Alec Baldwin’s authority on the set included approving script changes and actor candidates. Alec Baldwin was the one who fired the bullet that injured Joel Souza and Halyna Hutchins with the revolver.
Baldwin, however spun by the lawyers, isn’t held responsible in the report.
It outlines a number of issues, such as the inability to take corrective action or follow up on two set misfires or safety concerns. It also lays out how they were doing things on the cheap — trying to limit the days where the armorer would be paid as an armorer. Hannah Gutierrez Reed was questioned about her dual roles as both the armorer, and prop assistant. Her eight-day stint as an armorer was short and she was criticised for spending too much time there than being a prop assistant.
Gutierrez-Reed told the line producer, Gabrielle Pickle, that being an armorer was “a very serious job and since we’ve started I’ve had a lot of days where my job should only be to focus on the guns and everyone’s safety.” Gutierrez-Reed said, “There are working guns on set every day and those are ultimately going to be a priority because when they are not that’s when dangerous mistakes can happen.” She also raised the question to Pickle on the eighth day of her armorer position as to how they would handle things going forward.
On October 17, 2021, Hanna Gutierrez-Reed sent a text message to Gabrielle Pickle stating, “Hey, we’re on day 8 of Armor days. So if there’s gunfire after this you may want to talk to the producers.” Ms. Pickle replied the same day that there would be “No more trading (sic) days.” Ms. Gutierrez-Reed then asked to clarify, “Training days?” Ms. Pickle responded, “Like training Alec and such.”
It was then that the shooting occurred on October 21. Jason Bowles, Gutierrez-Reed’s attorney said had his client been called back in to help, the shooting could have been prevented.
“Critically, OSHA also determined that production failed to call Hannah in to perform her armorer duties and inspect the firearm right before its use in the impromptu scene with Baldwin,” he continued. “As we have stated before, had anyone from Production called Hannah in back into the church before the scene to consult with her, this tragedy would have been prevented.”
It is noted that Lane Luper was the original assistant camera operator and quit for failing to hold safety meetings. This meant that management received ample notice about the problems.
Lane Luper claimed that the gun pointed in the direction of the camera and was firing at it. Halyna Hutchins and Joel Souza were injured when a firearm was pointed in their direction, with Hutchins’ injury resulting in death. Dave Halls, Rust Management Representative was present at the moment the live-round discharged and severely injured two crew members. As Rust’s top-level management safety official, Mr. Halls did not consult with the Property Master or Armorer during or after the firearm was loaded, handed to the actor, and pointed toward crew members in order to determine that pointing the firearm at persons was “absolutely necessary.”
So the report excoriates the Rust team for demonstrating “plain indifference” to the hazards.
As a result of the inspection, OHSB determined that Rust was responsible for a serious violation of the New Mexico Occupational Health and Safety Act (“the Act”). Although there are no OSHA guidelines for firearms in film production, OHSB determined that Rust was responsible for a serious violation of the New Mexico Occupational Health and Safety Act (“the Act”). While OSHA has not established specific standards for film sets firearm use, both OSHA and state OSHA regulations clearly recognize the danger to workers and potential injury. Rust showed a clear indifference toward the safety and well-being of employees. Rust failed to address or conduct an investigation after the two misfires involving guns and ammunition on October 16, 2021. Employees had also notified Rust that they were not comfortable with the way weapons were handled on set. Rust didn’t follow safety policies of the company, which would have probably prevented the accident.
Baldwin is one of the producers, so he can’t just say, “Well, it’s on everyone else.” The question in the civil actions will be how much responsibility he had concerning this.
But another thing that should be noted about this report — it’s not the end of the story. While there are pending civil actions, including by the family of Halyna Hutchins and a script supervisor, there’s also an ongoing criminal investigation. So when Baldwin’s attorney is claiming his client is exonerated, the police have not determined that. We’ll have to wait and see, but it did sound like they were taking it very seriously and being very thorough in their efforts. Rust Movie Productions said they disagreed with the decision of New Mexico’s Occupational Health and Safety Bureau and intended to appeal.
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