Canadian Occupational Safety

24 Canadian Occupational Safety | www.cos-mag.com I n August, a stunt driver filming a scene for a movie in Vancouver was killed when she apparently lost control of the motorcycle she was riding. The stunt plan, for the movie Deadpool 2, required Joi Harris to drive through open doors of a build- ing, cross a concrete pad and drive down a ramp built over a few stairs to a landing, where she was to stop — but the bike didn't stop. It continued down a second set of stairs, crossed a street and hit a curb, throwing Harris off the bike and through a plate- glass window of an office building. After the incident, WorkSafeBC dispatched five occupational health and safety officers to the site who inspected it for immediate issues and violations of the occupational health and safety regulation. The agency's full investigation is ongoing. As spectators, we rarely think about the dangers performers face. Whether it's watching an acrobat fall through the air or an actor on stage making a violent fight look real, the thrill seems to come only from the illusion of danger. But workers in the performance industry are surrounded by haz- ards — from collapsing sets to pyrotechnics used in special effects. In Canada few OHS regulations address hazards specific to the arts, but there is a growing body of guidelines that are aimed at raising awareness of best practices and reducing incidents among performers. "Performers have a whole other world of con- siderations that are outside health and safety, but they are really important. For an actor, dancer or musician, their body is their tool. So you need to be concerned about your vocal health, your physi- cal fitness, because there are things that could be career-ending," says Janet Sellery, health and safety consultant and former stage manager based in Stratford, Ont. Most provincial and territorial OHS regulations do not address industry-specific hazards; produc- ers and employers must look to regulation relevant to each aspect of the production and its potential hazards. Moreover, British Columbia, Ontario and Quebec have developed extensive guidelines that deal with the performance industry. Other jurisdic- tions, as well as arts associations, sometimes refer to these guidelines as industry best practices. Under OHS law, the status of professional perform- ers varies among jurisdictions. They are generally not considered employees so they are not automatically covered by workers' compensation. In Alberta most performers are considered self-employed. Performers may also be considered volunteers. WorkSafeBC has recently produced a document on how to distinguish between workers and volunteers to help employers determine the status of participants in a production. BRITISH COLUMBIA In B.C. a performer is deemed to be either a worker or independent operator based on such factors as whether he or she exercises artistic control over aspects of the performance and is required to attend rehearsals. These factors, set out in an assessment practice directive, are intended to indicate whether, during a particular performance, the employment arrangement is one of a contract for service (inde- pendent operator) or contract of service (worker). A performer deemed a worker is covered under the OHS act and regulation, and the employer is subject to OHS regulations. People deemed owners/ operators can apply to WorkSafeBC to buy personal optional protection insurance, which gives them the same rights and obligations as workers, says Lisa Houle, manager, industry and labour services at WorkSafeBC. Large, international acts, such as Cirque du Soleil, are generally considered employers because they are run by an incorporated entity, and anyone they hire is a worker. These organizations are also subject to provincial OHS law and regulation. "If there are workers on a work site in British Columbia, nobody is exempt from that," Houle says. Generally, OHS regulation applies to performers as to other workers and there are no exceptions for artistic interpretation, she adds. However, in regard to some regulatory areas, the law makes allowances for the particular difficulty producers and perform- ers may have complying with areas of the regulation and also addresses hazards specific to the industry. For example, regulation on footwear requirements states that when it is impracticable for workers in the performing arts to wear safety footwear, an employer who takes any "other effective measures" for pro- tection from injury will still be in compliance. The employer must still do a risk assessment and imple- ment controls, Houle says. "Whenever there's a hazard, if you're not able to meet the straightforward, easy requirements that we list in the regulations, or maybe there's a regulation that doesn't exist, we're still going to expect a risk analysis and hazard controls anytime a worker could be harmed," she says. B.C. regulation governing guardrail locations does not apply to "the viewing edge of a performance stage and to parts of the scenic units which will be visible to the audience during a rehearsal or per- formance." Again, compliance is dependent on the implementation of effective measures that ensure worker safety. "Think of Juliet up on the balcony. If they are up above, they need fall protection," says Linda Love, policy analyst at WorkSafeBC. By Linda Johnson Hold the OHS law makes allowance for artistic vision but still requires producers to put safety first

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