Health And Safety In Audio-visual Production
Health and safety inaudio-visual productionYour legal dutiesHSEHealth & SafetyExecutive
Health and safety in audio-visual production Your legal duties
Health and safety in audio-visual production Your legal dutiesCONTENTSIntroduction1Obligations and responsibilities1123455667General pointsInvestor/commissioner (the client)Production company/producerProducers, managers and supervisorsIndividual workers/production crewContractorsSafety advisers or consultantsProduction companiesIndividual productionsChain of responsibilities (flowchart)Capabilities and training891010What is competence?How is competency judged?Training courses and competenceChoosing a training programmeRisk assessment10111113What is risk assessment?Who should do risk assessment?How do I carry out a risk assessment?Example of a risk assessment for a cameraplatformNotes on employment status1414Self-employed/freelance workersContractorFurther reading15
Health and safety in audio-visual production Your legal duties
Health and safety in audio-visual production Your legal dutiesINTRODUCTIONThis leaflet is for those working in film, broadcast, video and commercialsproduction. It should help them understand and comply with their legalduties in maintaining safety, whatever their role in the production process.The leaflet explains the obligations and responsibilities of theinvestor/client, production company, producer, contractors, designers,suppliers and other workers. It also provides practical advice oncompetence, training, risk assessment and employment status.OBLIGATIONS AND RESPONSIBILITIESGeneral pointsHigh standards of health and safety in production can only be achieved andmaintained by everyone involved in the industry playing their part. Thismeans recognising and accepting the different obligations andresponsibilities that health and safety legislation places upon individuals ororganisations.Under health and safety legislation, the ultimate responsibility for healthand safety rests with the employers involved and the organisations incontrol of premises and facilities. On a day-to-day basis, the producer hasoverall responsibility for ensuring that appropriate standards of health andsafety are achieved and maintained throughout the production process.The underlying need is for the production company to establish appropriateorganisational structures that support risk control and place health andsafety alongside editorial and/or dramatic considerations. There shouldalso be good planning, communication, co-operation and co-ordination byand between all parties involved throughout a production.Investor/commissioner (the client)It is important that control of health and safety risks is taken into account atthe tender/commissioning stage. These risks are more than just businessrisks, and involve legal and moral obligations. However, the logic andrigour of business and production planning can be usefully applied to thecontrol of health and safety risks, and resources allocated according to risk.The risks from accidents and consequential losses (eg financial/losttime/continuity/equipment) may be considered along with other, moreconventional, business risks.1
Health and safety in audio-visual production Your legal dutiesBefore placing a commission, the commissioner must be satisfied that aproduction company has the knowledge, skills and experience to do thework safely. They need to recognise that different competencies are requiredfor different projects or programmes, for example there will be completelydifferent competencies for studio-based talk shows, sports events anddramas with special effects.The commissioner should ensure that the production plans and proposalshave properly considered the safety implications. They should also ensure thatfactors such as health and safety management arrangements, realistic timescales,adequate allocation of resources and specialist safety expertise have beenconsidered. The degree of effort should be in proportion to the risks involved.Production company/producerAs the employer, the production company and the producer should ensurethe health, safety and welfare of everyone involved with and/or affected bythe production activities, including the effective control of contractors.The production company should: only undertake work for which it has been adequately funded;produce a written health and safety policy statement, including anorganisation section detailing who is responsible for what, and anarrangements section, including the procedures for risk assessment andmonitoring of performance;clearly identify who has control of the premises, location and facilities;use only competent staff, freelances and contractors (vetting andselection should include enquiries regarding health and safetycompetence);ensure that contractors and freelances are formally appointed and thatcompany standards are clearly communicated to them (eg terms oftrades, contractor rules, health and safety procedures);identify any additional training needs of staff and freelances and ensurethese are met before production commences;ensure that contractors are provided with adequate information aboutthe planned production activity so that they in turn can establish safesystems of work based on risk assessment (they may need to be invitedalong to any recces and production meetings as required);ensure that specialist advice is taken and implemented where necessary;ensure that a full risk assessment is undertaken for all activities underthe control of the production, the appropriate controls are implementedfor all identified risks and the significant findings of the assessment arerecorded;2
Health and safety in audio-visual production Your legal duties ensure appropriate exchange of information regarding risk assessmentsbetween production and all affected parties (this might include localauthorities, police or residents);ensure adequate co-ordination and communication between the variousparties involved in the production;ensure that work begins only when adequate preparations have beenmade, including full assessment of all risks, selection of competentcontractors and other production crew, clear assignment ofresponsibilities and rehearsals where necessary;ensure that all work throughout the life of a production is undertakensafely, in line with any company standards and/or the standardsestablished by risk assessments (including those from contractors);ensure that staff and freelance employees are adequately informed andsupervised throughout the production;report all accidents and reportable incidents, in line withcompany/production policy and legal requirements;communicate any changes that are likely to affect health and safetystandards in the production clearly and with the maximum noticepossible;monitor health and safety performance throughout the production;implement effective remedial action for any shortcomings inperformance;ensure that any concerns with the health and safety performance ofemployees, freelance staff and contractors are addressed andcommunicated as appropriate;consult and involve employees in health and safety matters;ensure that working hours are managed effectively throughout allproduction activities.Everyone involved with the production is responsible for ensuring heath andsafety standards for their own activities. Where the producer delegatesperformance of key stages of the production to suitably competentindividuals, eg set design and build, or rigging, these people will beresponsible for ensuring that the health and safety standards are met fortheir delegated tasks.Producers, managers and supervisorsThe production company may delegate to producers, managers, supervisors,heads of departments and senior crew the responsibility for ensuring that: employer’s arrangements for health and safety are implemented;duties delegated to them are carried out;staff are adequately trained, competent and supervised as necessary;3
Health and safety in audio-visual production Your legal duties any health and safety concerns involving high-risk areas such as design,construction, striking, special effects or visual effects are brought to theattention of their employer;a full risk assessment is carried out at the design stage and thatappropriate controls are implemented for all risks identified;significant findings of any risk assessments are recorded and relayed tothe production crew;sets, scenery, props etc are designed and tested for safety before theirintended use, and during construction, setting and striking;appropriate markings or warnings are provided/displayed on sets,scenery, props etc where there is residual risk, eg weight or stability formanual handling and for rigging or de-rigging;the production crew are informed of any maintenance, inspection orcertification required for the continued safety of sets, scenery, props orspecial effects;staff, contractors and freelances employed are adequately supervisedand are competent to carry out the required work;the production crew are made aware of any conflicting demands duringproduction and of any significant health and safety issues associatedwith the design work;work is carried out in line with legal requirements and the productioncompany’s policy and procedures;adequate communication and co-operation is maintained between theproduction company and other contractors who may be affected;subcontractors are competent and adequately briefed.It is common for certain key contractors to be involved at varying levelsduring the tender stage to comment on practicality and likely cost of sets,special effects etc.Individual workers/production crewIndividual workers, location managers and production crew also have keyhealth and safety responsibilities: to take reasonable care of themselves and others who may be affected bywhat they do or fail to do;to co-operate with the employer in carrying out activities intended tomeet the employer’s health and safety responsibilities, eg by followinginstructions, using personal protective equipment, reporting accidentsand near-miss incidents;to work within the limits of their competence;to attend training as required by the employer;4
Health and safety in audio-visual production Your legal duties raise any health and safety concerns with their head of department, linemanager or producer;co-operate with the producer or a nominated person in all mattersrelating to health and safety.ContractorsContractors are jointly responsible, with the production company, forworking in a safe manner in accordance with relevant legal requirements.They should ensure that: employees and any subcontractors are competent to carry out the workactivity;performance of their employees and subcontractors is monitored;site rules or production safety procedures are followed;they co-operate and co-ordinate with the production crew and any otherpeople who may be affected by their activities;risk assessments are carried out for their activities and the necessarycontrol measures are implemented;significant findings of any risk assessments and the necessary controlmeasures are adopted and communicated to everyone who may beaffected;health and safety concerns are raised at the earliest possible occasionwith production;a contact person is nominated for health and safety issues and theycommunicate with production and other contractors on health andsafety matters;machinery and equipment is properly maintained, appropriate for theintended task and operators are competent;a system of communication and co-ordination is set up between anysubcontractors;recces are attended as required;the production company is informed promptly of any accidents andincidents.Safety advisers or consultantsTo comply with health and safety legislation, employers should appoint oneor more competent persons to assist the employer to comply with their legalduties. This does not mean that a specialist health and safety adviser (orconsultant) is required for all productions; in many cases an experienced,competent person within the production will be better suited to the role.5
Health and safety in audio-visual production Your legal dutiesThere are many different approaches to managing safety effectively and thesestrategies in themselves will help decide where and when you requirespecialist or external help in this field. Companies who have invested timeand resources into training and developing effective safety managementsystems are more likely to be able to delegate safety responsibility to asuitably competent person within a team. Equally, those productionsconducting low-risk work are not likely to need specialist or external healthand safety advice.In some cases where specialist or external advice is required on safety groundsit may be better to involve a suitably qualified expert in a particular discipline,for example adventure activities or rock climbing, rather than having generalsafety advice. Responsibility for the successful management of safety cannotbe delegated to an external health and safety adviser. They can support andadvise, but the responsibility for health and safety remains with the employer.Typically, health and safety advisers can assist either production companies(or commissioners) or individual productions as follows:Production companies Advice on development of health and safety management systems,including health and safety policy documents, risk assessmentstrategies, accident reporting systems etcAssistance on the need and provision of health and safety trainingAuditing health and safety systems and practices (a check on existingarrangements)Accident investigationsMonitoring and reviewing health and safety performanceProviding information on new health and safety legislation and bestpracticeRepresenting special interests of the production company in dealingswith the enforcing authorities and other agenciesAdvice on planning for emergenciesWriting guidance where a need has been identifiedIndividual productions Advice on developing health and safety plans for the productionAdvice on hazard identification, risk assessment and control strategiesAssistance in monitoring safety practicesAdvice on selection of competent contractorsAdvice on requirements and specifications of safety equipment andpersonal protective equipment6
Production company7Follow safety procedures,report accidents andincidents.Use safety equipment.Experienced crewOrganise and manage ownwork, carry out riskassessment of their activity,co-operate and co-ordinatewith others who may beaffected by work activity.Genuinely selfemployed individualsContractorsSuppliers of services and/orequipment are responsiblefor provision of services orequipment in a safecondition, with trained,competent operators, riskassessment and provision ofrelevant information.Studio locationOwner/occupier of premiseswhere work is to be carriedout is responsible forproviding and maintaining asafe place of work with safeaccess and egressWill need special supervision.Need to take reasonable careof themselves and otherswho could be affected bytheir activities. Co-operatewith employer.Inexperiencedworker/traineeCompetent individuals, eg managers, supervisors, HoDs or certain senior crew members, delegated responsibility for applying health and safety standardsthroughout production. Clear lines of communication to be established with these individuals to know, understand and implement their delegated tasksto the required standard.Producers, managers, supervisors, heads of departments or senior crew membersActivities include risk assessment and adoption of control measures; selection of competent crew and contractors; consultation and involvement ofemployees; set design and build; insurance; emergency arrangements; accident and incident reporting and investigation; liaison with local authorities; training;safe systems of work; welfare provisions; hours of work; safety preparations for location work and monitoring of standards.Ensure that risk assessment is carried out; plan, implement and monitor health and safety throughout the production.Allocate adequate resources to health and safety. Select and appoint competent production crew; allocate responsibilities for health and safety at key stages ofproduction to competent individuals.Legal responsibility for health and safety in their productions. Must produce health and safety policy; ensure co-operation, co-ordination and communication;make arrangements for the consultation and involvement of employees in health and safety matters.Chain of responsibilitiesHealth and safety in audio-visual production Your legal duties
Health and safety in audio-visual production Your legal dutiesCAPABILITIES AND TRAININGThe Management of Health and Safety at Work Regulations 1999 requireemployers to take account of their employees’ capabilities regardinghealth and safety. The production company/producer must thereforeensure that the demands of the task do not exceed their employees’ability to carry out the work safely, without risk to themselves or others.They must also ensure that training is provided where it is needed(including refresher training). The process of risk assessment will helpdetermine the level of training and competence needed for eachparticular task.What is competence?Competence is a combination of knowledge, skills and practicalexperience that a person has to have to be able to do a particular taskproperly. This includes not only the routine task, but also the unexpectedsituations and changes. Coping with these competently requiresunderstanding and flexibility.Training helps people to acquire knowledge and skills, two of theessential ingredients for competence. It does not make people competentby itself. There will also be people who have had no formal training buttheir experience and achievements clearly establish that they arecompetent.The amount of knowledge and experience required for someone to bedeemed ‘competent’ varies for different tasks within the same job orfunction and between different jobs or functions. For example, somecameramen may be extremely competent in relation to studio-basedwork, but few would cope if the work were to be carried out underwateror from a helicopter.Competence should therefore be judged in light of the work to beundertaken; a person may be competent for simple tasks in a given fieldbut not competent for more complicated tasks in the same area withoutsupervision from a more experienced (and more competent) person. Thecompetent person should also be aware of their own limitations.A competent team is one that has a mix of skills among its members thatcan then satisfy the particular needs of the production by the teamoperating as a whole.8
Health and safety in audio-visual production Your legal dutiesHow is competency judged?The production company/producer needs to make reasonable enquiriesand be satisfied that the person or company is competent to carry out theactivity for which they are to be engaged.Selection criteria could include: examples of experience of this type of work - testimonials fromprevious clients, portfolio of work;membership of professional organisations and associations;training records and qualifications, including safety training;examples of risk assessments and control measures adopted;proof of equipment certification and/or maintenance records;insurance information.The answers given may be enough to make an initial judgement but it isimportant that the process does not stop here. Detailed questioning maystill be required. The production company/producer will probably wantto have some written proof of training, experience, safety records,equipment certification etc. The depth of enquiry should be related to theparticular activity or function so that the production company/produceris comfortable with their decision. It may be appropriate to ask some jobspecific questio
Health and safety in audio-visual production Your legal duties any health and safety concerns involving high-risk areas such as design, construction, striking, special effects or visual effects are brought to the attention of their employer; a full risk assessment is carried out at the design stage and that
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