The judge, Sharon D. Calhoun, upheld the fines in a decision issued on Tuesday.
Thursday, September 17, 2015
Judge Upholds OSHA Fines on ‘Midnight Rider’ Filmmakers
The judge, Sharon D. Calhoun, upheld the fines in a decision issued on Tuesday.
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8 comments:
Good. I’ve been trying to follow this story, as the filmmakers had shown consistent and deliberate neglect for the safety of their crews. This time, it costed a life, and a few broken limbs. Unfortunately, having seen the video of the train accident, it probably could have costed even more lives. This article is a stub, and so I don’t know the specifics, but I don’t know how the filmmakers could have the gall to appeal these fines, but I’m definitely glad that they still have to pay them. Again, as I’ve discussed in comments last year, it’s a complicated moral issue. How much, in this instance, is a human life worth? To me, the answer certainly is more than $75,000, and many of the filmmakers have punishments that exceed fines, but I don’t think that the punishments are proportionate to the crime, even with the fines. It was their responsibility to ensure the safety of the production staff, and they failed. They had consciously and purposefully trespassed on to the property of the railroad, access which they had been denied the previous day. They knew they were doing something wrong, and didn’t care, and someone got killed.
One of the first things I was taught in my classes was how important the aspect of safety is to theatre or any environment. It can be easily ignored but when something catastrophic happens, it it easy to regret the simple steps you didn't take. Of course accidents happen, but when there could have been actions taken to prevent an 'accident' I don't think that even can really be qualified as an 'accident'. Yes, safety steps can maybe take more time or complicate things a little, but never a reasonable amount where it was ever ok that they were ignored. This situation is a great example of why even things that seem minute and superficial can have a big impact. It is also a good example to be reminded that getting information from a reputable and reliable source is also a very important detail. This is a tragic incident that could have been prevented with simple steps, and that makes it even more tragic.
What really upsets me in this article is how the "production supervisors were aware that they were shooting on live train tracks yet did not inform the crew members of that fact when they were sent to the trestle to capture the scene”. If someone injures him/herself in a scene shop because he/she wore flip flops, that’s that person’s own choice and responsibility. However, in this case the production supervisors are making the choice for the crew members - they are consciously putting the crew members’ safety at risk for their own film. Hopefully, this incident can remind the rest of the production teams out there of how important safety is in both theatre & film though it may seem less important.
There’s so much wrong with what this company did that it almost reads like a satire article at first. The part of this article I found most worrying is that the production company knew the tracks were live and didn’t tell any any of the crew members. As if sending them there to film in the first place wasn’t enough, now you feel the need to make it that much harder for them to keep themselves safe? I know theater can have a reputation for playing fast and loose with safety sometimes, but there are something’s you just don’t mess with. Trains and train tracks are definitely one of those things. Its one thing for some one to choose to not wear hearing protection (for example), its not very smart but they probably only going to hurt them selves and they’re not going to die. Its another thing all together for a company to willfully endanger its employees like this. One is stupid but a personal choice, the other is criminal and not a choice anyone is likely to willingly make.
I can't believe they challenged the ruling! They are so clearly at fault, why waste the time. If I was the judge I would have made more of an example out of them. Only $75,000 in fines, that's it? There are so many stories floating around about the "art" being worth more than safety, and at least for me several personal examples of people holding that belief. It has always astonished me. If you have to endanger people to get the show/film in on time you are doing it wrong. Beyond the negligence of shooting on live tracks, THEY DIDN'T EVEN TELL THE CREW. This is the kind of thing where the film company has so clearly violated the workers rights to safety I would expect to see millions not just a measly $75,000. The only upside I can see to an event like this is the possibility that OSHA will start cracking down on the entertainment industry, and maybe that will hit theater in a meaningful way.
This is why we have OSHA. These are the type of situations in which OSHA really comes to the rescue of people who work in the entertainment industry. Money is always a concern for our industry and frequently we cut corners. Those cut corners can lead to unsafe situations for those working in front of and behind the camera, or stage or what have you. This particular situation seems less like a money issue and more of one person’s vision usurping safety. I think one of the most important parts of being a director is looking out for the ones that you are leading. A woman lost her life because the director’s vision was more important than her safety. I think that’s the mark of an asshole. A chance at a gold statue is not more important than someone’s life. I was surprised to read that he was in jail but I’m not sorry about it.
$75,000 is a freaking pittance! Talk about a symbolic slap on the wrist!!! I think the woefully inadequate fines and consequences are the only real outrage here. I feel like I've really followed this incident all the way through, from when it happened, to the initial ruling, and now to this appeal ruling. I honestly cannot believe that these dumb filmmakers even attempted to appeal the initial ruling when the evidence and egregious nature of their crime is so clearly evident!! There are some safety violations you can get away with all the time, some you can get away with some of the time, and some you can never get away with. I guess filming on a live set of train tracks falls in the middle category, and this film production company happened to get unlucky. So frustrating that such a willful disregard for safety was allowed to take place. I mean come on, if you are going to film on live tracks, at least send a spotter down the tracks with a chair and a radio to call out incoming trains... I mean if you're going to break the law, might as well do it right..
Her death WAS preventable. It’s entirely ridiculous that the company is trying to appeal these fines. They should be lucky it’s only 75k!
I think everything that can be said about this has already been said. It’s a terrible situation.
I totally agree with the Judge and OSHA’s ruling on this, but it brings up a bigger issue.
This was a big deal. It got a lot of media attention. Does every workplace death carry such a fine? How is the amount of the fine calculated? All deaths are preventable, right?
It’s a bigger question that may or may not have a set precedent, but in any case, it’s a precedent that’s set now.
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