'Rust' Production Hit with $137,000 Fine for Having 'Willfully Violated' Safety Measures

The New Mexico Environment Department’s Occupational Health and Safety Bureau has fined Rust ‘s production company after an investigation.

The report concluded that production knew firearm safety procedures were being disregarded on set and have issued a fine of $136,793. “This is the highest level of citation and maximum fine allowable by state law in New Mexico,” the OHSB said.

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The investigation came after the tragic shooting of cinematographer Halyna Hutchins, who died in October 2021 after a gun Alec Baldwin was holding fired. The actor has stated that he did not pull the trigger.

“The report concludes that Rust Movie Productions, LLC management knew that firearm safety procedures were not being followed on set and demonstrated plain indifference to employee safety by failing to review work practices and take corrective action,” the “OHSB Rust Workplace Fatality Investigation” stated.

“OHSB found that Rust willfully violated the Occupational Health and Safety Act by demonstrating plain indifference to the safety of employees and exposing those employees to the serious hazards associated with firearm use,” the report added. “Members of Rust management knew that firearm safety procedures were not being followed on set and acted with plain indifference to employee safety by failing to review work practices, adhere to film industry standards for firearm safety, and take corrective action.”

Since the Rust shooting took place at a worksite in New Mexico, the OHSB opened an investigation into the incident in accordance with the Occupational Health and Safety Act and its corresponding regulations. The Act and regulations also require that OHSB issue a citation for violations and summarize the investigation’s findings within six months of the incident.

Under federal requirements, Rust Movie Productions, LLC has 15 days to pay the penalty and provide OHSB with certification of corrective action, or contest the citation with the Occupational Health and Safety Review Commission.

In February, Halyna‘s family filed a wrongful death lawsuit against Alec and seven other producers on the film, armorers Hannah Gutierrez Reed and Seth Kenney, and various crew members.