Safety in 2016

Safety, safety and more safety. What’s changing in 2016?

Kia ora all. A very happy welcome to 2016 and what looks to be an exciting year ahead of us.

2016 has already started with a hiss and roar, with a number of larger productions about to start, and ongoing work with existing productions well underway.

The Blue Book committee has been hard at it since the beginning of the year and are very close to presenting to producers’ groups for final consultation. ScreenSafe already have one meeting for the year under their belt and are looking to launch the ScreenSafe website late March.

But so far this year the catch-word echoing around the film industry is ‘safety, safety and more safety’. If anything, there is a resounding awareness that safety is a hot issue that can’t be ignored and that things are about to change.

But how are they changing? For those of you who were fortunate to attend the recent Safety Compliance Information Evening hosted by the NZ Advertising Group, I believe a number of contractors became aware of the positive side of the new Act in that technicians have a voice that will be backed by law.

The NZ Advertising Group, who brought the evening together, are not funded so it was not possible to take this evening around the country, but they did film the event for the wider industry to view. You can access the video by going to www/vimeo.com/nzapg. It really is worth a watch. The video has been broken into five parts. The first three parts will be of greatest relevance to the majority of technicians. Part five is Q&A.

What lawyers Rachael Judge and Andrew Berry from Anthony Harper Lawyers had to say, followed by comments from David Strong on behalf of ScreenSafe will throw some light on how the new Act will function and how each of you will be affected. All the PowerPoint slides referred to in the video are also available to download from www.nzapg.co.nz/safety.

A very strong message that came out was that producers will have to listen to crew and their concerns if raised. In the past crew have often felt a certain degree of disempowerment and gone along with situations that they have known not to be safe. This cannot happen under the new Act. If producers don’t listen or take appropriate action they will do so at their own peril, risking serious prosecution in the event of an incident. And all incidents must now by law be registered and reported, so there is no room for dismissal or cover ups.

There is a framework under the new Act which starts with “a person conducting a business or undertaking” (PCBU). In the advertising side of the film industry that would be the client, the agency and the production company. The Act allows for multiple PCBU’s so directors, producers, heads of departments, 1st AD’s, productions managers, safety officers, gaffers, key grips, and so forth may also be PCBU’s. It is a tiered liability regime. In a sense the PCBU must ensure, so far as is reasonably practicable, the health and safety of workers working for the PCBU, workers whose activities are influenced or directed by the PCBU and all other persons as it relates to the work carried out by the PCBU. But effectively in the end we all have the personal responsibility to provide a duty of care.

One very poignant point made was that if the budget does not allow for the necessary safety requirements to be implemented, then the activity should not happen. So there is no excuse of “we do not have it in the budget”. For crew over 20 or more, a safety representative is required within the Act. In some respects this is an extension of a crew rep with more extensive power that could – if the scenario arose – direct unsafe work to cease. This person would have to be trained but will be in the case of the film industry be a crew member who has been contracted by the PCBU.

Over the preceding months a number of people have spoken to me with concerns as to how they will be liable, in particular production managers and 1st AD’s. You are not directly or solely responsible, but have a responsibility – as do all crew members. My advice is ensure you put every issue that may come to your attention in writing, it may start as a verbal conversation but follow up with an email that you have raised the issue. If the PCBU chooses not to listen or take your advice, they will be held accountable if any incident occurs and your effort has been documented.

It is worth noting that any overseas production company that comes to NZ are also liable. They are the PCBU and are equally liable to prosecution if they do not adhere the Act.

For line producers and production managers: you may be interested in part four of the online video which refers to an online safety tool which the NZAPG are working towards making available, that could be worth – in the first instance – directing your overseas producers to. Again, document this in an email by sending the link and additionally sending them a link to the new Act. They can choose to follow through or ignore at their own jeopardy.

But rather than my talking about this further, I recommend you all go to the video of the evening.

Ultimately the goal is for everyone to be working in a safe environment at all times. There is no allowance for shortcuts when it comes to safety.