The producer of a Hollywood movie, Alec Baldwin, made the news late in 2021 when a loaded pistol made its way onto a set in New Mexico. According to some sources, the Producer of a show or movie has extensive control of the project: "overseeing all elements of pre-production, production and post-production." The producers of this movie deny responsibility for the on-scene shooting, according to Deadline. The New Mexico Occupational Safety and Health Bureau (OSHB) preliminary report concluded Mr. Baldwin both "handled the revolver and fired the round." Despite that and being listed as a producer of the movie, Mr. Baldwin denies responsibility for the death that occurred October 21, 2021 (sounds perhaps a bit like "I'm a owner of the factory, but not the owner responsible for the death there").
The October 21, 2021 shooting was covered extensively in the national news. There was significant discussion of gun safety and precautions with guns. This blog addressed the topic from the aspect of workplace safety generally and gun safety specifically. Safety First (November 2021). I noted then the primary rule for gun safety, treat every gun as if it is loaded and can kill. Time and again, unfortunately, there are accidental discharges that result in serious injury and death. Any gun should be presumed loaded and treated accordingly.
The New Mexico OSHB issued a fine against the production in April 2022, $136,793, according to National Public Radio. This was said to be the "maximum fine" possible in this setting. Forbes reports that Mr. Baldwin feels he is due an apology over being accused of responsibility for the shot and the resulting death and injury. The lawsuit against another producer has been dismissed in June 2022, and the actor's wife has publicly accused his "enemies" of "dehumanizing" and "actively seeking to 'destroy' the actor's reputation" over the shooting, It is interesting to see the shooter portrayed as victim, accidental or otherwise.
July 2022 brought another story that reminded of the New Mexico shooting involving Mr. Baldwin. WCSC reported that a gun store in South Carolina has been fined by the federal Occupational Safety and Health Administration (OSHA) "$3,000 for two violations after the deadly Nov. 2 incident." An earlier story on that outlet last November described how a gun store owner "accidentally shot the victim after mistaking his personal weapon for a BB gun."
Another news outlet reported that the owner of the store "brought his replica Glock BB gun into the shop and placed it among real firearms as part of a prank." Hint, "prank" and "gun" perhaps go together in no appropriate sentences the word "never" is also in the sentence. The owner then "mistakenly picked up a real firearm instead of the replica and pointed it at the victim," resulting in his death. The store owner "is facing an involuntary manslaughter charge" in the death. The whole scenario is perhaps strikingly similar to Mr. Baldwin's I did not know the gun was loaded and the movie set is not my responsibility arguments.
It is difficult to comprehend someone thinking a handgun prank was a good idea any time. Guns are dangerous and should be treated with respect. But, it is particularly difficult to comprehend anyone not being focused upon gun safety following the cascade of national press following Mr. Baldwin's shooting on October 21, 2021. Two weeks after Mr. Baldwin's gun mysteriously "went off" in New Mexico, allegedly without his pulling the trigger (CNN), a gun store owner concluded that a prank with a BB gun was a good idea. Was such a prank ever a good idea? Are pranks consistent with workplace safety?
And, what of the fact that the gun he mistakenly picked up just happened to be loaded? Is that a habit in some regions, that gun shops keep loaded weapons on display? I have often viewed and handled guns in stores. Each time one was handed to me, it was checked by store staff, and confirmed empty. Not once has such staff needed to remove a single round from a gun before handing it to me. Guns in stores are unloaded, seemingly as a general rule. Is a loaded Glock and a BB gun replica of similar weight such than an experienced vendor would not note a distinction? The incident is intriguing.
WCSC reports that OSHA concluded the gun store owner
"should have known that by pointing a firearm in the direction of employees would expose them to be struck by a hazard and can be remedied with training and enforcement of basic firearm safety."
Firearm safety is not rocket surgery (sic). Every gun is dangerous, capable of great harm, and must be treated with respect. Mom always told us kids that even the BB gun was dangerous. A variety of tools and instrumentalities in many workplaces are similarly dangerous. The employer's focus has to be on safety in the workplace, and each should persistently seek to prevent pranks in the any workplace; horseplay and pranks can lead to tragedy with so many tools, machines, and dangers. This is no less predictable with guns. Loaded guns on can lead to tragedy, in a display case or on a movie set.
In the end, there are two deaths in these stories. They each provide some facts and circumstances that are difficult and perhaps confusing. What is undeniable is that both events were tragic, and each could have been prevented with some "training and enforcement of basic firearm safety," or even some rudimentary care and caution. Either gun could have been checked for ammunition. Either holder (since one claims he did not "shoot" the gun I decline for now to use "shooter"), could have elected not to point the weapon at someone. Either could thus have prevented a tragedy.
How many times each day do similarly preventable events, actions, or inactions result in work accident or fatality? The employer's focus has to be persistently on safety in the workplace. Whether one is the producer of a movie or the owner of a store or factory, the focus must remain foremost. When there are dangerous instrumentalities present, the focus on safety needs to be that much more acute and tenacious.
By Judge David Langham
