By Brendon Mannyx*
As First Published in Art +Law, December 2002
Theatres have notoriously been places of decadence and disorder throughout the ages. History is littered with tales of theatres burning down or collapsing. Actors in the past have found themselves suffering substantially for their art; fight scenes go wrong, outdoor performances are at the mercy of the elements and, on some rare occasions, serious injuries occur in the name of art.
Occupational health and safety law has developed in Australia to provide greater protection for performers and audiences alike. In the past, safety was largely overlooked within the working environment and theatres were no exception. In 1971, the Sydney City Council forced the Nimrod Theatre to close so it could address the problem of a fire exit that opened out on a twenty-foot drop to the street. In November 1972, the fire curtain at the Capitol Theatre was dropped mid-performance causing permanent injuries to a young actor.
Today it is a different story. Theatre companies are being compelled by law to take responsibility for the safety of employees and the audience that comes to see it.
So where should a theatre producer look to find his or her responsibilities under current occupational health and safety regulations?
Until recently, the primary resource for producers (or more appropriately, stage managers) was the Occupational Health and Safety Act of the relevant state. The respective act outlines the general duty of employers. For example, Section 8 of the Occupational Health and Safety (NSW) Act 2000, identifies that an employer’s primary responsibility is that it “must ensure the health, safety and welfare at work of all the employees of the employer.” Further provisions of the legislation cover premises, operating systems, dissemination of information, use of hazardous substances and risk management.
The difficulty that many theatre practitioners experienced is that the legislation could not always be adequately applied to specific theatre activities. Many a stage manager has been left frustrated when attempting to find the relevant body that could advise on a specific theatre related problem. A typical conundrum being the classification of the counterweight system of a fly tower as a lift, for purposes of regulation. Theatres have a unique environment that does not often fall neatly into existing workplace classifications.
Fortunately, safety conscious theatre practitioners now have a new resource available to them. Last year, the Australian Entertainment Industry Association and the Media Entertainment and Arts Alliance released Safety Guidelines for the Entertainment Industry (found at http://alliance.org.au/hot/submissions/eisafety.pdf). The guidelines apply the relevant aspects of the Occupational Health and Safety Act to workplaces and operating systems that are used in the entertainment industry. The guidelines predominantly focus on productions or events and the associated venues. This document will hopefully prove to be a valuable resource for those who have felt that the theatres and other live performances have been largely unregulated when it comes to safety.
Performers or workers who feel that their work place environment may not adhere to OH&S requirements should contact WorkCover in their state (for example, http://www.workcover.nsw.gov.au). WorkCover Australia is responsible for administering legislation relevant to workplace safety and compensation and provides advice on safe working practices.
* Brendon Mannyx was an Arts Law daytime volunteer in 2002
