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An investigation by the state's worker safety
agency, which fined the company $137,000, found that the
production firm knew firearm safety procedures were not being
followed and demonstrated "plain indifference" to the hazards,
the New Mexico Environment Department said in a statement.
"This tragic incident never would have happened if Rust Movie
Productions, LLC had followed national film industry standards
for firearm safety," Environment Cabinet Secretary James Kenney
said in the news release.
Hutchins was killed in October when a revolver that actor and
producer Alec Baldwin was rehearsing with during filming in New
Mexico fired a live round that hit her and movie director Joel
Souza. Souza was wounded but survived.
"While we appreciate OSHA's time and effort in its
investigation, we disagree with its findings and plan to
appeal," Rust Movie Productions spokesman Stefan Friedman said
in a statement on Wednesday.
New Mexico's work safety agency administers the federal
Occupational Safety and Health Administration (OSHA) program.
Its six-month probe found that Rust management, including Line
Producer Gabrielle Pickle and Unit Production Manager Row
Walters, ignored concerns raised by crew members about firearm
and pyrotechnics misfires on set.
It said Assistant Director and Safety Coordinator Dave Halls
witnessed accidental discharges but took no corrective action.
3rd Shift Media, a Georgia production company that lists Pickle
and Row as employees, did not immediately respond to requests
for comment. Halls' lawyer did not respond to a request for
comment.
The report said Rust management failed to give staff responsible
for firearms safety sufficient time to inspect ammunition
received to ensure no live rounds were present.
The investigation found that Hannah Gutierrez, who was
responsible for firearm safety, was told to focus less on her
tasks as set armorer and spend more time helping the props
department. When she said actors needed firearm safety training,
Gutierrez was told she would be informed if that was necessary,
the report said.
Lawyers for Gutierrez said in a statement that OSHA had found
that she was "not provided adequate time or resources to conduct
her job effectively."
Baldwin has denied responsibility for Hutchins' death and said
live rounds should never have been allowed onto the set.
The Santa Fe County Sheriff's Office and the Santa Fe County
District Attorney have ongoing criminal investigations into the
death of the cinematographer.
(Reporting by Andrew Hay in Taos, New Mexico; Editing by Rosalba
O'Brien and Jonathan Oatis)
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