Fines (Penalties)

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    ‘Rust’ Production Appeals Fine for Cinematographer’s Death

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    The company, which was fined the maximum penalty allowed under state law, maintained that it did not violate safety protocols.The production company behind the movie “Rust” on Monday contested a fine issued by New Mexico state regulators, who cited the production for “plain indifference to the recognized hazards associated with the use of firearms on set” that resulted in the shooting death of the film’s cinematographer, Halyna Hutchins.The company, Rust Movie Productions, LLC, said in a filing Monday that it “did not ‘willfully’ violate any safety protocol, and in fact enforced all applicable safety protocols.” The producers also denied that the film’s armorer, who was in charge of weapons, had been overburdened with other duties, as her lawyers have claimed.Last month, the state fined the production company the maximum penalty allowed — $136,793 — asserting that the company had demonstrated indifference to firearm safety hazards. In a report, the Occupational Health & Safety Bureau of the New Mexico Environment Department said the production had not properly responded when there were two improper weapons discharges on set involving blank rounds, and that the production did not properly hold safety meetings or distribute safety bulletins.In a filing to the agency, lawyers for the production company wrote that the discharges had been “properly addressed,” including with safety briefings for the cast and crew, and said that none of the discharges involved violations of firearm safety protocols. Assistant directors for “Rust” were told to hold safety meetings on the days in which firearms would be used, the filing said.“In fact, a safety meeting was held the morning of the incident,” it said.On Oct. 21, the actor Alec Baldwin was practicing with an old-fashioned revolver he had been told did not contain live ammunition when the gun discharged a bullet that killed Ms. Hutchins and injured Joel Souza, the movie’s director. Mr. Baldwin has sought protection from financial responsibility in the legal disputes arising from the incident.In its report, the New Mexico agency also faulted the production for “failing to ensure that the handling of deadly weapons was afforded the time and effort needed to keep the cast and crew safe,” citing claims from the movie’s armorer, Hannah Gutierrez-Reed, that her extra duties as a props assistant sometimes took her away from her job overseeing the firearms on set. The agency also said the production did not give its staff enough time to inspect ammunition to make sure that no live rounds were present.The production company denied that Ms. Gutierrez-Reed was overburdened, writing that her armorer duties “always took precedence” over her prop duties and that she was given sufficient time to inspect the ammunition, according to their filing. More

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      Broadway Theater Owner Cited by OSHA in Stagehand’s Fatal Fall

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      Federal regulators cited the Shubert Organization for four workplace safety violations in the death of an employee in the Winter Garden Theater.Federal regulators have cited the Shubert Organization for four serious workplace safety violations and proposed a fine of $45,642 in connection with the death of an employee who fell from a ladder while working at the Winter Garden Theater last fall.The citations, from the Occupational Safety and Health Administration, were issued on May 11, six months after Peter Wright, a 54-year-old stagehand, fell nearly 50 feet from a narrow, raised platform while performing routine maintenance in the theater.OSHA issues these serious citations when, according to its review, lapses have led to hazards carrying a “substantial probability that death or serious physical harm could result.” In the Shubert Organization’s case, OSHA did not find that the violations were willful ones, in which an employer “intentionally and knowingly” violates the law.The Shubert Organization has set up a meeting to discuss the citations and penalties, James C. Lally, a spokesman for the U.S. Department of Labor, said. If the two parties do not reach a settlement, the company can still contest the citations, Mr. Lally said. Otherwise, they will be obligated to pay the full amount.A spokesman for the Shubert Organization declined a request for comment, citing the ongoing investigation.The violations issued to the group, which is the largest landlord on Broadway, included having a wooden ladder coated with a material that could obscure structural defects and two instances of a ladder used for a purpose for which it was not designed.Mr. Wright, who was from Milford, Conn., was a stagehand for Local 1 of the International Alliance of Theatrical Stage Employees, the labor union that represents professional stage employees in New York, for 34 years. He and his wife of 23 years, Marcie Lowy Wright, met when they were both working as stagehands for a 1990s “Grease” revival at the Eugene O’Neill Theater.James J. Claffey Jr., the president of Local 1, wrote in a tribute in November that Mr. Wright “had a work ethic that was nothing short of exemplary, was extremely talented and skilled in his craft, and he was one of the finest riggers/flyman in our industry.”The last show to play at the Winter Garden Theater had been “Beetlejuice,” which had been set to end its run on June 6, 2020, before the theater, like all on Broadway, shut on March 12 because of the pandemic; “Beetlejuice” was not slated to return. A revival of “The Music Man” that will star Hugh Jackman and Sutton Foster is set to begin performances in December and open next February.Bill Evans, a spokesman for the Shubert Organization, said at the time of Mr. Wright’s death that most stagehands had not been working at the organization’s other theaters during the pandemic shutdown.“We mourn the loss of our valued colleague,” he said in a statement. “Our heartfelt condolences go out to the family during this difficult time.”Dylan Foley, who was a friend and co-worker of Mr. Wright’s, wrote in a Facebook tribute in November that Mr. Wright was “completely fearless in how he lived his life as a stagehand” and often did the work of three men.“He had a dry wit, an unstoppable work ethic, and a trademarked grin,” Mr. Foley wrote. “If you asked for something from Pete, his line was, ‘For you, the grid’s the limit.’” More