New Mexico Safety Arm Finds Rust Production Showed ‘Plain Indifference’ on Set

A safety report concludes that Rust Movie Productions LLC management knew that firearm safety procedures were not being followed on set and they “demonstrated plain indifference to employee safety by failing to review work practices and take corrective action.”

The New Mexico Environment Department’s Occupational Health and Safety Bureau on Wednesday released the results of its investigation into the workplace fatality that occurred on the set of the film “Rust” on Oct. 21, 2021.

Rust Movie Productions was issued a willful-serious citation that includes a $136,793 civil penalty, the highest level of citation and maximum fine allowable by state law in New Mexico. Rust Movie Productions was cited for indifference to the recognized hazards associated with the use of firearms on set that resulted in a fatality.

Rust Movie Productions failed to follow national film guidelines or take other effective measures to protect workers, the department found.

The guidelines prohibit live ammunition from being used or brought onto any studio lot or stage, that safety meetings take place daily when firearms are being handled, and that employees refrain from pointing a firearm at anyone except after consultation with a safety representative.

“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,” 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.”

Under federal requirements, Rust Movie Productions 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.

Related:

Photo: This photo shows the Bonanza Creek Ranch one day after an incident left one crew member dead and another injured, Friday, Oct. 22, 2021 in Santa Fe, N.M. A prop firearm discharged by veteran actor Alec Baldwin, who is producing and starring in a Western movie, killed his director of photography and injured the director Thursday, Oct. 21, 2021 at the movie set outside Santa Fe, authorities said. (Roberto E. Rosales/Albuquerque Journal)