'Rust' Tragedy Update: Producers Refuse To Settle 'Pricey' Safety Penalty
"Rust" producers finally responded to the safety agency's demand to settle the fine related to the movie set's shooting incident.
Amid the ongoing investigation into what truly happened on the "Rust" set, Rust Movie Productions LLC filed a notice of contest after being urged to pay a fine.
On Tuesday, the filing was directed to the findings by the New Mexico Environmental Department's Occupational Health and Safety Bureau (NMED). According to the producers, they have no idea what the agency was referring to about a fire extinguisher that was not properly inspected and maintained.
"The supposed 'fire extinguisher' NMED claims should have been inspected and maintained is not a real fire extinguisher - it is a special effects device used to create fake smoke. The attempt to extend the application of a fire extinguisher regulation to a special effects device shows their misunderstanding of the film industry," part of the document says, as quoted by The Hollywood Reporter.
The "Rust" producers decided to challenge the findings after NMED issued the highest-level citation and maximum fine allowable by state law of $136,793.
It explained that it was not the employer's responsibility to supervise the film set. It then claimed that it imposed all safety protocols. As for the three alleged misfire incidents, it claimed that the first one was a harmless noise from a popper while the other two were discharges from blank rounds.
This contradicted NMED's statements, as the producers now contest that the misfires did not violate firearm safety protocols.
NMED Findings Say "Rust" Set Committed Serious Violation
The producers' appeal came after NMED alleged that the production company knew all along that the firearm safety procedures were not being observed on the film's set.
As reported by Deadline and BBC, the agency claimed that the Rust Movie Productions, LLC showed "plain indifference to employee" safety as it did not review its supposed practices while filming and failed to take corrective action.
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"There were serious management failures and more than sufficient evidence to suggest that if standard industry practices were followed, the fatal shooting of Halyna Hutching and the serious injury to Joel Souza would not have occurred. ... This is a complete failure of the employer to follow recognized national protocols that keep employees safe," Environmental Cabinet Secretary James Kenney said in a video statement.
As of press time, the authorities are yet to serve charges on the people responsible for the tragedy.
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