Some personal identifiers have been redacted for privacy purposes OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1924 Building - Room 2R90, 100 Alabama Street, SW Atlanta, Georgia 30303-3104
[email protected] Secretary of Labor, Complainant, v. OSHRC Docket No. 14-1385 Film Allman, LLC., Respondent. Appearances: Karen Mock and Monica Moukalif, Esquire, U.S. Department of Labor, Atlanta, Georgia For the Complainant Amanda R. Clark Palmer, Donald F. Samuel, and Edward T. Garland, Esquire, Garland, Samuel and Loeb, PC, Atlanta, Georgia For the Respondent Before: Administrative Law Judge Sharon D. Calhoun DECISION AND ORDER In 2013 Randall Miller and Jody Savin formed Film Allman, LLC, for the purpose of filming a movie called Midnight Rider: The Gregg Allman Story, based on Gregg Allman’s 2012 autobiography My Cross to Bear (Exh. J-1, Stipulated Facts, ¶ 1; Exh. C-25, pp. 24-25; Tr. 1017, 1021). Film Allman planned to film in and around Savannah, Georgia, in February and March of 2014 (Schwartz deposition, pp. 22; Tr. 1070). On February 20, 2014, a number of Film Allman’s employees arrived at the Doctortown train trestle, which spans the Altamaha River near Jesup, Georgia, to film a scene on the trestle. The scene was a dream sequence which called for the character of Gregg Allman to wake up in a hospital bed placed across the railroad tracks of the trestle (Exh. J-1, Stipulated Facts, ¶¶ 32, 55; Exh. J-3; Exh. C-32). At approximately 4:30 p.m., while twenty to twenty-three Film Allman employees were located on the trestle approximately 100 feet from the southern bank of the river, the employees realized a northbound train was approaching.