Canadian Occupational Safety

DECEMBER/JANUARY 2018 25 A guideline on illumination levels explains how reduced lighting may be permitted during rehearsals and performances. "Our officers try to take the common-sense approach. They want to make sure there is safe access and egress to the workplace and emergency exits are illuminated," Love says. Guideline 11.2-6 Fall Protection During Stunt Work, discusses acceptable alternative controls to be used when the regulated fall protection procedures are not practicable during a planned fall. It specifies personal fall protection equipment that may be used when regulated equipment, such as a safety harness meeting CSA or ANSI standards, cannot be used. As the guideline explains, "in the actual conduct of a stunt, such a harness may be too bulky or involve points of attachment that interfere with the intended fall." Guideline G21.83 Special Effects Blasting, requires any pyrotechnic blasting done in the film or per- forming arts industry be carried out under the direction of a qualified person. Guideline G24.13 Principal Performers Using Underwater Diving Equip- ment, enumerates the conditions that must be met when a performer, whose diving competency is unlikely to meet the standards required for diving operations, is required to perform underwater shots. WorkSafeBC also publishes bulletins discussing actual incidents to highlight specific industry haz- ards and remind employers and workers how to avoid them. ONTARIO Ontario Ministry of Labour inspectors look to the sections of the OHS act that are relevant to the per- formance industry. These include the Regulation for Industrial Establishments and the Regulation for Con- struction Projects. Where there is no relevant law, officers would go back to the general duty clause, says Sellery, a member of the MOL's health and safety advisory committee for live performance. Two extensive sets of safety guidelines, however, provide information on specific topics. For example, the safety guidelines for live performance workers include information on scenery, performer flying and aerial stunts, stage combat and stunts and weaponry. The guidelines for the film and television industries include topics such as stunt planning, water hazards, explosives and pyrotechnics, hair and make-up and firearms. The guidelines are updated and added to regularly, in part to address hazards arising from the use of new technologies. People who work in the industry and have expertise in the topics they address develop the guidelines. QUEBEC For the CNESST, Quebec's workers' compensation board, producers in the arts usually have the status of employers for the duration of the production, and the performers they hire are considered work- ers. Producers must declare their performers to the CNESST. This holds true for any performer who is represented by one of a number of professional asso- ciations, including the Alliance of Canadian Cinema, Television, and Radio Artists (ACTRA) and Actors' Equity, and covers musicians, artists, stage and film actors and directors, along with a range of production and technical workers. "It's the job of the producer to make sure they are covered. On the other hand, freelance artists who work by themselves will have to get their own insur- ance or register themselves under the CNESST to be covered if they are injured at work," says Monique Corbeil, national co-ordinator at the Canadian Insti- tute for Theatre Technology in Montréal. While the provincial OHS regulation does not cover situations or hazards specific to perform- ers, the Prevention Guide for the Performing Arts is a useful resource, she says. Presented in a series of checklists, the booklet helps producers make sure they have implemented best practices throughout the entire production process, from pre-production through performance to touring. It outlines the legal responsibilities of employers, workers and suppliers and also covers proper procedures for topics such as props, machinery used for set design, emergency access and fall prevention. The printed booklet, created by the industry, is intended to be kept in a binder so everyone in the theatre or other project can access it when needed. "It's a good tool. It's for everybody working in the arts, for designers, technicians, for producers. If you're creating a show, you should be aware that performers will walk in your scenery. Make sure it's safe," Corbeil says. There are also industry standards that increase health and safety for everyone in the performance industry, she adds. ANSI has entertainment technol- ogy standards on equipment, developed through ESTA's Technical Standards Program, that also provide guidance to technicians in Canada. These standards address such potential production hazards as rigging, overhead hanging and smoke and fog machines. "These ANSI standards become a way to help in prevention. They're not occupational health and safety laws, but they are standards that the occu- pational health and safety inspector, for example, can refer to if there has been an injury," she says. "They're there for technicians, but they certainly do affect performers." Sellery says increasing or tightening OHS regula- tion is probably not the best way to improve safety for performers. By their nature, regulations are general, so it may be beneficial to keep working on improv- ing and adding guidelines, which are better suited to dealing with the specific issues and challenges faced by the entertainment industries. The industry also needs to take greater advantage of the risk assessment, which Sellery describes as a valuable tool for any creative industry. "It's allows you to look objectively at something that's unique and creative, maybe never done before, and discover the hazards, quantify the risk and look for the appropriate controls," she says, adding the industry should encourage the people who put productions together to conduct these assessments. "Then they can provide the kind of support performers need. So, when performers get into the rehearsal hall, they can have the freedom to explore whatever creative idea it is without worrying they are going to get hurt or sick in the process." WORKPLACE HARASSMENT Aside from physical hazards, sexual harass- ment is a "very real" issue in the performing arts industry, according to ACTRA, the union representing 23,000 professional perform- ers across Canada. In October, the New York Times broke the news that Hollywood movie producer Harvey Weinstein had paid off sexual harassment accusers, largely female actors, for decades. Since then, more and more affected women have come out of the woodwork, including Canadians. At press time, 80 women had accused Weinstein of sexual harassment or assault. Unfortunately, there is a widespread fear of reporting predatory behaviour throughout the enter- tainment industry because victims are afraid of losing work, said Sue Brouse, director of human resources for ACTRA, in an interview with CBC. "Our performers are vulnerable because it's essentially a day player, you know. They are hired rarely like an office worker on an ongoing contract. They have a role and that role can suddenly dimin- ish for, quote, 'creative reasons,'" she said. ACTR A is working on increasing education and awareness on the sexual harassment resources available to members and what steps to take if it happens to them. "We want to let them know it's not OK and that the workplace should be a safe and healthy workplace," Brouse told CBC. "I think the key challenge is drag- ging this into the open to destroy that culture that silences the victim and offers perpetrators impunity." At the time of the fatal stunt accident in Vancou- ver, a colleague of Harris said the stunt was well within her skills, she had practised extensively and she should have been able to do it successfully. How- ever, he added, motorcycles can be unpredictable. Following Harris' death on the Deadpool 2 set, Jason Cameron, the business agent for film, tele- vision and new media with the Union of British Columbia Performers/ACTRA, told the media stunt accidents are "exceedingly rare" and complicated sequences are completed successfully on film sets all the time. Nevertheless, there is always some- thing to be learned. "Our hope is that the outcome of that investiga- tion will provide our industry with the information we need to ensure something like this doesn't happen again," he said. Linda Johnson is a freelance journalist based in Toronto. She can be reached at lindajohnson@ sympatico.ca. Canadian Safety Reporter is an essential resource for the creation of a safe workplace. This monthly newsletter illustrates techniques and strategies on how to keep the workplace safe from hazards and in full compliance with the latest legislation. 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