CHAPTER 2. PLANNING FOR HEALTH AND SAFETY WHO IS RESPONSIBLE? In selecting a location, who determines if that location is too hazardous or what special precautions might be needed? Who decides if a particular scene is hazardous and needs stunt performers? Who makes the decision that a particular stunt or special effect is too risky and that a safer alternative should be used? Who has the authority to stop a stunt, special effect or other hazardous situation? These questions and similar ones are basic to the issue of safety in motion picture production. Responsibility for health and safety in motion picture and television film production can be controversial due to the complex management relationships within the industry. According to the Occupational Safety and Health Act, the employer is legally responsible for maintaining a healthy and safe workplace. The problem can be determining who is the employer, and who is an independent contractor. See Chapter 10 for detailed information on health and safety laws and regulations affecting motion picture production. The following section attempts to define the various employ- er/employee relationships within the motion picture and television film production industries, as they apply to safety. Production Company One standard type of motion picture production company is the independent. The production company is usually owned by the producer, who is also an employee of the production company. This production company then hires the actors, camera crew, director, stunt performers, preproduction crew, etc. Some of these, for example, the director and stunt coordinator, may be independent contractors, rather than salaried employees. As the employer, the production company is legally responsible for health and safety, even if the producer delegates authority to the director for day-to-day production of the film. Motion Picture Studio Motion picture studios are companies that own facilities where motion picture shooting takes place. They also distribute the films. The studio has its own employees and is responsible for their safety. Many major studios in fact have their own health and safety department. Production companies rent space from the studios to produce a film. Even though the facilities are owned by the studios, the production company is still responsible for safety conditions for its employees while working in the studio facilities. Of course, if the studio is negligent and an employee of the production company is injured, that employee could sue the studio in a third party suit (see Chapter 10). Television Studio Television production, for example soap operas, can be done in either network studios or independent television studios. In some instances the television studio is the direct employer, hiring everyone, including the producers, directors, actors, crew, special effects operator, etc. In this case the television studio is responsible for the safety of everyone involved in the filming. Since the studio is the direct employer, it would only be liable for workers' compensation from injured employees. Director The director actually supervises and controls production of the film. He or she chooses the actors and other personnel. The director is hired by the production company or television studio. As the representative of the producer, the director is responsible for ensuring safe working conditions on the set. In motion picture production, the director is usually an independent contractor, not an employee. The director is often employed by a "loan-out" company, which he or she might own. In that case, it is not the director that is hired by the production company, but the loan-out company. As an independent contractor, the director can be held liable and sued by employees of the production company (or other independent contractors) if his or her negligence causes someone to be injured. In television, the director is usually a direct employee of the television studio and thus cannot be sued by another employee. The director can however be sued by an independent contractor. Director of Photography The Director of Photography is an employee of the production company, and is responsible for determining the location of the cameras and lights. The Director of Photography may also be involved in determining the feasibility of shooting a particular scene. As such, he or she has an important role in determining the safety of the camera crew and performers in a scene. Key Grip The key grip is the person in charge of the Grip Department. On many films, the key grip is the individual responsible for the safety of sets, scaffolding, rigging, camera dollies and cranes, vehicles, and general safety procedures. Accordingly, he or she can play an important role in planning for health and safety. Stunt Performers Stunt coordinators are often independent contractors. They usually are responsible for the safe performance of the stunt and supervise everyone involved in it. As independent contractors, stunt coordinators have been sued by actors or other employees of the production company when a stunt goes wrong and someone is injured. Of course the stunt coordinator can sue the production company if he or she was injured through the negligence of the production company or its employees. Individual stunt performers are usually employees like other performers. Special Effects Operators In motion picture production, and increasingly in television production, special effects operators are independent contractors. Pyrotechnics operators have to be licensed in most states and are held legally responsible for the transportation, storage and safe use of pyrotechnics. Despite this, the producer is still responsible for the safety of his or her employees since the producer or director hired the special effects operator. Unions The many unions involved in motion picture production can play a major role in health and safety. The unions are not responsible for providing a safe workplace; that is the responsibility of the employer. Unions are legally responsible, however, for representing the interest of their members, including health and safety interests. Writing health and safety language into contracts, processing health and safety grievances, informing their members of health and safety hazards, maintaining union health and safety committees, and participating in joint labor/management health and safety initiatives are all ways in which motion picture and television unions are involved in health and safety. In many instances, the unions might have more knowledge of health and safety problems in motion picture production than do the production companies and directors. Employees Actors, camera operators, wardrobe attendants, grips, and other employees are responsible for following employer health and safety rules, OSHA regulations, and reporting hazardous conditions and accidents to their supervisors. All employees can file OSHA complaints if they believe that unsafe conditions are not being remedied, and unionized employees can also file health and safety grievances with their union. HEALTH AND SAFETY PROGRAM Since the producer (or production company) is legally responsible for the safety of all its employees, and may be subject to suit by independent contractors, it is the producer's job to set up an effective health and safety program. An adequate health and safety program will reduce the number of injuries, fatalities and illnesses during production. Aside from the serious problems of loss of life and health, injuries or illnesses can dramatically increase costs associated with delays in production, canceled projects, possible lawsuits, health care expenses, workers' compensation rates, lawsuits, and, of course, budget overruns. This can affect the production company, distribution company, insurance companies and everyone on the stage or location. This section will give some recommendations for the establishment of a health and safety program that will protect everyone on the set and yet not unnecessarily limit creativity. What is a Health and Safety Program? The establishment of a formal, working health and safety program is a proven way to prevent injuries and illnesses due to fires, accidents or overexposure to chemicals. An effective health and safety program can also reduce workers' compensation claims, lessen the likelihood of negligence suits, lower workers' compensation and liability insurance premiums, and provide a mechanism to ensure compliance with OSHA regulations. There are three basic characteristics of an effective health and safety program: 1) the active support of the producer, 2) the designation of specific individuals as responsible for the functioning of the health and safety program, and 3) defined activities to carry out the objective of reducing injuries and illnesses. Management Support The active support and involvement of management is crucial since the production company controls the budget and allocation of resources, including time, necessary to carry out a health and safety program. By law, the primary responsibility for safety rests with the employer. The most important visible step in showing management support for a health and safety program is the issuing of a policy statement by the producer. The policy statement should formally initiate the health and safety program, give its purpose, name the person responsible for the program, list program functions, request the cooperation of all personnel, and indicate the Producer's intent to support the health and safety program and its initiatives. This policy statement should be posted and distributed to all personnel. Responsibility for the Health and Safety Program The producer should hire a safety director to develop and implement the health and safety program. While major film and television studios often have full-time health and safety staffs who are responsible for ensuring safety, most smaller production companies do not. As a result, there is often confusion as to who is actually responsible for safety and there is no overall coordination of safety responsibilities. The safety director should have experience in applicable laws, fire safety, construction safety, and the special problems of motion picture production - including temporary locations, special effects, stunts, etc. For specific activities, the safety director might delegate health and safety responsibilities to specialists. For example, the stunt coordinator is usually responsible for the safety of stunts, and the special effects coordinator responsible for special effects. However, the ultimate legal responsibility for the safety of employees still rests with the producer. Health and Safety Committees One of the most effective ways to involve others in the health and safety program is through the formation of a Health and Safety Committee. The major purpose of a Health and Safety Committee is to act as a conduit between the management and employees. Information on health and safety hazards, accidents, and recommendations are channeled from employees to the producer (or his safety representative) through the Health and Safety Committee. Similarly, health and safety policy, rules, etc. are transferred from the employer to the employees via the Health and Safety Committee. In addition the Health and Safety Committee can participate in many of the activities of a health and safety program. A Health and Safety Committee should include elected representatives of all involved unions. In addition, management should appoint its own representatives. Each committee member should have specific expertise and duties. The safety director, stunt coordinator, special effects coordinator, and any other special consultants should also be members of the health and safety committee. The optimum workable size for a Health and Safety Committee is from 6-10 people. Obviously the amount of time spent on Committee activities will vary from person to person, depending on their job. The Health and Safety Committee can participate in many of the activities of a health and safety program, such as inspections, accident investigation, training, developing recommendations, record-keeping, etc. The Health and Safety Committee should also have the authority to stop filming of a scene if they think it is too dangerous, until a proper evaluation can be made. Health and Safety Committee meetings should be held at least weekly during regular working hours. Attendance should be mandatory. Formal procedures should be adopted for the meetings and careful minutes kept and posted in a conspicuous spot. Agendas should be drawn up, made public, and followed. It is crucial that all Health and Safety Committee activities be carefully documented. For example, recommendations for correction of health and safety problems should include what is to be done, by whom, when, how changes will be made, and why the recommendations are needed. All of this should be clearly stated in the minutes. This can be important in case of possible legal action, and also to document the effectiveness of the health and safety program. Health and Safety Program Activities There are a number of crucial activities that must be carried out in order to have an effective health and safety program. These include: 1) inspections, 2) accident/illness reporting and investigation, 3) hazard evaluation and control, 4) emergency planning, 5) education and training, 6) medical services and 7) monitoring and evaluation. Inspections One of the best ways to identify potential hazards in routine operations is through regular inspections. Inspections can catch such problems as improperly stored paints, frayed electrical wires, blocked exits, missing fire extinguishers, broken ladders, etc. Checklists should be developed to aid in conducting inspections. In this way, deficiencies and hazards can be identified and corrected, hopefully before they cause an accident. Accident/Illness Reporting and Investigation Most companies have some sort of reporting mechanism for serious accidents and illnesses. Investigations of causes of accidents and illnesses can result in recommendations that can prevent reoccurrences. However, cut fingers, headaches, eye irritation, and other minor problems are often ignored until more serious manifestations such as a missing finger, broken leg, fire, or other serious injury results. If these earlier, minor problems were reported, investigated and their causes corrected, then the more serious problems might have been prevented. A formal reporting mechanism for all proven and suspect occupational illnesses, accidents and spills, including near misses, should be developed. A report form, to be filled out by the supervisor, should be provided for this purpose. Accident reports should go to the safety director or Health and Safety Committee which should designate someone to investigate the cause of the problem and to recommend corrective action. These reports can also serve as a source of information for the OSHA 100 form, for workers' compensation claims, and as documentation in case of lawsuits. Hazard Evaluation and Control Both existing activities and planned activities need evaluation. Firstly, inspection of present activities and facilities (e.g. pre- production, permanent sets) and investigation of accidents can uncover existing hazards. Secondly, measures can be taken to control these hazards. Preplanning for proposed high risk activities (e.g. stunts, special effects, hazardous camera placements) is essential to prevent accidents. Preplanning will be discussed in detail in Chapter 6. Emergency Planning A major component of any effective health and safety program is a detailed emergency plan for each contingency. Such emergency plans are required by OSHA regulations (CFR 1910.38). Emergency plans should cover fire, emergency evacuation, accidents, emergency abort procedures and other contingencies. Filming in remote locations, in particular, requires careful planning for emergency medical care. Emergency medical care is discussed in detail in Chapter 9. Education and Training Education and training is one of the most crucial elements of a health and safety program. Anyone using chemicals should receive education about their hazards and the processes they are using, and training in how to work safely. New employees should immediately receive an orientation lecture. All employees should receive annual refresher courses. This training is required under OSHA's Hazard Communication Standard, and by many state Right-To-Know laws (see Chapter 10). Another crucial form of training is proper coaching and adequate rehearsal time for stunts and other hazardous performing situations. This will be discussed in Chapter 6. The employer should develop a health and safety manual for use by all employees. This manual can be developed in-house or by a consultant. It should include at last the following topics: 1. The administration's health and safety policy statement 2. the role and responsibilities of the health and safety committee 3. a formalized inspection program 4. safe working procedures for the various activities 5. the institution's emergency plan 6. a list of mandatory safety rules 7. the accident/illness reporting procedure 8. procedures for obtaining safety information and equipment Every employee should be issued a copy of this health and safety manual. Medical Services A medical program should be established, especially when filming on location. This program should include medical personnel on-site for everyday medical problems, and additional provisions for emergency medical care. This is discussed in detail in Chapter 9. Monitoring and Evaluation It is essential to adequately monitor and evaluate the effectiveness of a health and safety program to ensure that the program is actually carrying out its functions of preventing injuries and illnesses, and to provide objective criteria to prove this to the management. Monitoring of a health and safety program is the day-to-day review of its progress. This ensures that inspections are being carried out, accidents and illnesses are properly reported and investigated, recommendations are actually being carried out on schedule, and finally, that health and safety training is adequate. The evaluation of a health and safety program is an overall review of the program itself to see that it is functioning properly. Often this is best done by an outside evaluator. REFERENCES McCann, M. (1986). A Health and Safety Program for Arts Institutions. Center for Safety in the Arts, New York. Occupational Safety and Health Administration. (1985). How To Prepare for Workplace Emergencies (OSHA 3088 Rev.), U.S. Government Printing Office, Washington.