1 1 The International Arts and Entertainment Alliance is a Global Union Federation comprising the International Federation of Actors (FIA), the International Federation of Musicians (FIM) and UNI Global Union - Media, Entertain- ment and Arts (UNI MEI).

Lynn Gailey

Lynn has a background in the cultural sector, working in the film and television industry and the publishing industry for twenty years. Then four years as Director Film Development at the Australian Film Commission was followed by more than a decade as the Federal Policy Officer at the Media, Entertainment and Arts Alliance. Principal research and policy interests have included the intersection between domestic cultural policy and international trade agreements, local con- tent regulation, participation in and representation of Aus- tralia’s multicultural and Indigenous populations in Australia’s cultural sector, arts education and training, the efficacy of development and support mechanisms in facilitating career development in the cultural sector, and occupational health and safety. Recent work includes surveys of the state of clas- sical music in Australia and abroad. Current work includes content regulation in new and developing media platforms and Australia’s changing trade policy.

2 In October this year, McKinsey&Company noted:

Report on India’s rapid growth in the decade to 2012 saw it emerge as one of Asia’s most promising markets. But the recent occupational health and safety slowdown made growth and profitability increasingly elusive, forcing companies to think harder about the standards in the film and television way they allocate resources[4]. Although it went on to say that growth is now picking up, industry in Mumbai the challenges remain considerable. Arriving in Mumbai in July, it was immediately evident that Lynn Gailey much had changed in nine years. Chhatrapati Shivaji In- ternational Airport was unrecognisable having seemingly November 2014 been completely rebuilt. The slums that nine years ago sur- rounded the airport were gone. The roads in and out of the airport had been upgraded. BACKGROUND the past half decade of anywhere between $4 billion and $12 billion. Only 3% of Indians pay income tax, leav- [1] However, while some major roads have either been built, In July 2014, accompanied by Opender Chanana, I met with ing a hole in government finances . rebuilt or both, assisting traffic flows, congestion remains unions and producer associations, and visited Film City, a serious problem. Road infrastructure and maintenance is Yash Raj Studios, some ‘studios’ utilising premises not built A decade ago, India looked set to rival the rise of China. Yet in need of massive investment. The impact on productiv- for purpose and a range of offices and postproduction fa- that has not transpired. The Economist summarised what ity is immediately evident – the wastage in time utilisation cilities. went wrong: required by needing to allow extra time in order to arrive anywhere on time affects the Mumbai business sector and I was fortunate in that I had visited studios and production The raw inputs of growth - people and capital - have workers alike. This is exacerbated during the monsoon sea- facilities in Mumbai twice in 2005, which allowed me to see been deployed badly. The rates of savings and invest- son when flash flooding is common and not only causes to what extent things had changed over a nine year pe- ment have dipped and their mix has deteriorated. High greater traffic delays but makes driving at times danger- riod. I had also met with representatives of Indian unions at inflation has led households to buy gold, shifting money ous if not impossible. Kerbing, guttering and drainage are annual UNI-MEI Asia conferences for eight years between away from the banking system where it can be produc- patchy and not up to efficiently dealing with monsoonal 2000 and 2007 and from 1996 until early 2009 I dealt with tively employed. And a mixture of bureaucracy, exces- downpours. every Indian production filming in Australia. sive leverage, incompetence and corruption has led private companies (whose spending tends to have the The presence of street hawkers compounds traffic con- Nine years ago, despite the obvious problems confronting most bang per rupee) to halve their investments as a gestion. Setting up on footpaths, pedestrians default to the India, the atmosphere was more optimistic than otherwise. share of GDP. What has been invested has often been [2] street. The Street Vendors Act entered into force on 1 May That optimism waned but with the election of Narenda tangled in red tape and graft . 2014, allowing for 2.5 per cent of the population to be li- Modi, things are once again looking brighter. censed as street vendors. Consequently, the Brihanmumbai Narendra Modi has become the Prime Minister after twelve Municipal Corporation (BMC) embarked on a survey of the As The Economist observed in May this year, at the end of years running the business-friendly Gujarat. While Modi, for hawkers, with a view to increasing the number of licensed Manmohan Singh’s ten years as Prime Minister: a range of reasons, certainly has his detractors, ‘many firms vendors, ensuring all would be licensed and determining in Gujarat say that the bureaucracy works well, that the where those in receipt of a license could operate[5]. It de- India’s improvised miracle has hit its limits. Energy and courts are fast and that graft is non-existent. The state has [3] scended into farce when it was discovered the BMC Chief chaos only go so far. Although poverty has fallen and some impressive bureaucrats, ministers and institutions.’ himself registered as a hawker[6]. there are pockets of dazzling wealth, much of the econ- omy is primitive. [1] The Economist, 2014, ‘Modi’s mission’ in The Economist, 24 May 2014, see http:// [4] McKinsey&Company, 2014, Understanding India’s Economic Geography, www.economist.com/news/briefing/21602709-new-prime-minister-has-good-chance- McKinsey&Company, October 2014, see http://www.mckinsey.com/Insights/Asia-Pacific/ Infrastructure is decades behind China’s. Industries that resuscitating-countrys-underperforming. Understanding_Indias_economic_geography?cid=other-eml-alt-mip-mck-oth-1410 are close to the state involve corruption on a grand [2] Ibidem. [5] Ranade, A. 2014, ‘Who is a bona fide hawker?’ in Mumbai Mirror, 26 July 2014, p.20. scale, with bribes paid to politicians and officials over [3] Ibidem [6] Marpakwar, C. 2014, ‘Now, BMC chief is registered as hawker’ in Mumbai Mirror, 28

1 Seeking to expose the flaws in the survey in which license city limits’[12] are not provided. ‘Chief Fire Officer A N Varna soonal rain from paths and pool surrounds and regularly applicants were not required to prove identity, Swapnil was summarily demoted after being charged with incom- mop the floors in the lobby and public areas to ensure all Karbhari ‘managed to apply for a hawking spot on the petence and poor leadership of the force’[13]. Allegations water ‘walked in’ was removed). busy Ranade Road in BMC Commissioner Sitaram Kunte’s emerged concerning corruption, failure of enforcement of name’[7]. Karbhari blew the whistle and was promptly building codes and the like. Reportedly, in this relatively new Internationally recognised signage regarding emergency charged with impersonation[8]. building [approximately ten years old] in middle class And- evacuation procedures was appropriately located. Staff heri, the windows on each floor required to be accessible wore enclosed footwear and uniforms appropriate to their At the same time, the BMC was announcing plans to intro- from the exterior to facilitate fire brigade access were lo- employment. It was a daily reminder of the stark contrast duce new and enforce existing traffic rules such as driving cated and constructed contrary to mandatory regulations. with the circumstances many working in Bollywood en- to the speed limit, using indicators when changing lanes, Availability of such basic fire fighting equipment as fire ex- counter. driving without straddling lanes, pedestrians using foot- tinguishers and sprinkler systems were either not present paths and crossing at traffic lights. Eminently sensible, it or not functioning. Progress between 2005 and 2014 ignores the lack of marked lanes and pedestrian crossings including at traffic lights, street vendors occupying foot- At the same time, a last ditch campaign to save the Whistling Much has changed in Bollywood between 2005 and 2014. paths and inadequate road signage. Woods International Film School was making headlines. In However, there appears to be a divide between feature 2012 the Bombay High Court ruled that the land was to be films and television production. While there is considerable I arrived in Mumbai just after the 18 July Lotus Park fire in vacated by 31 July 2014. The decision followed ‘public in- room for improvement in feature film production, prog- Andheri which had ‘started as a minor blaze, but ballooned terest litigation that contended “gross abuse of power” by ress has been made this century. On the other hand, OH&S into a major fire that took hours to control and gutted [the then chief minister Vilasrao Deshmukh in allotting 20 acres standards in television productions, from the sets I visited, top] three floors of the building... Navy and Coast Guard in Film City to Ghai’s[14] firm’[15]. ranged from barely adequate to completely inadequate, helicopters [had] to rescue 33 firemen who at one point with the notable exception of the television sets at Yash were stranded on the building’s terrace’[9]. Some days later, Even a casual glance at the English language papers made Raj Studios. I learned that some film and television production offices it clear the role ‘Bollywood’ plays in Mumbai, pages and were located in the building. Following the fire, a range of pages of newsprint devoted daily to stories about the in- It seems a number of factors have contributed to an im- issues emerged. Fireman Nitin Ivalekar died fighting the dustry, its stars and its international achievements. provement in OH&S standards, implementation and com- blaze and 20 were injured of whom 16 were hospitalised, pliance on feature films, including: prompting discussions about the suitability of the fire bri- It was against this background that I considered occupa- gade’s uniforms and equipment which are supposedly in- tional health and safety (OH&S) in Bollywood. It was im- • The ‘corporatisation’[16] of the sector in 1998 which ternational standard. Yet the Vice-president of the Mumbai mediately evident that many issues were common to most began to take effect in 2000 is incrementally leading Fire-fighters Services Union argued ‘There have been al- industries and businesses and some, like traffic congestion to fundamental changes. Where last century produc- legations of corruption in the procurement procedures... and the impact of corruption, were common to all Mumbai tion financing was largely by way of family funds Many firemen haven’t got uniforms in over four years. residents. (typically those of the producer) and/or money laun- Some have PPE [personal protection equipment] suits but dering, today financing models known in the west they don’t fit them properly’[10]. A fireman who did not wish Nonetheless, attention to OH&S in Mumbai varies both for much of the 20th century are becoming more to be named asserted: ‘Our uniforms are old... Our boots across and within sectors. I was privileged to stay at the commonplace. are so old they just melt in the heat’[11]. Two of the hospi- Sun ‘n Sands Hotel, frequented at the time primarily by In- talised firemen discovered that on discharge they had to dian nationals along with overseas patrons silly enough to • Budgets have increased and, with private sector in- make their own way home because ‘ambulance services come during the monsoon, where OH&S was a priority – vestment, the need to secure that investment has led to transport injured fireman [stet] to their homes beyond from security (vehicles scanned at the perimeter gate and to an acceptance of the need for insurances to be those entering the premises screened for weapons) to the effected. Risk minimisation expected by insurance avoidance of slip risks (staff employed to sweep the mon- companies is slowly resulting in enhanced OH&S [17] July 2014, p.1. standards . [7] Marpakwar, C. 2014, ‘BMC Threatens to Book the Man who Exposed Loopholes in Hawker Survey’ in Mumbai Mirror, 29 July 2014, p.1. [12] Mhaske, P. 2014, ‘Firemen forced to pay for ambulance’ in Mumbai Mirror, 21 July [8] Ibidem. 2014, p.4. [16] For an explanation, see Appendix A. [9] Marpakwar, C. 2014, ‘Fired! City fire chief demoted for ineptitude and poor leader- [13] Marpakwar, C. 2014, ‘Fired! City fire chief demoted for ineptitude and poor leader- ship’ in Mumbai Mirror, 29 July 2014, p.8 (continued from p.1). ship’ in Mumbai Mirror, 29 July 2014, p.1. [17] However, it appears some producers assume that insurance policies ensure that in the event of an accident, the victim will be covered, rather than driving an attitude of [10] Marpakwar, C. 2014, ‘Under the Fireman’s Hood’ in Mumbai Mirror, 22 July 2014, [14] Subhash Ghai is the head of Whistling Woods. avoidance of accidents occurring in the first place. It is likely that, over time, insurers p.8. [15] Sadhwani, Y. 2014, ‘Industry rallies in last-ditch bid to save Whistling Woods’ in will adjust their premiums on the basis of track record. This is likely to drive a better [11] Ibidem. Mumbai Mirror, 21 July 2014, p.1. attitude to OH&S. It was not possible to ascertain what percentage of productions take

2 • Since the 1990s, Indian feature films have increas- • Companies like Yash Raj Films have done much to discussed in detail by Opender Chanana in his book The ingly looked overseas for exotic locations in which improve OH&S standards as has, more recently, In- Missing 3 in Bollywood – Safety, Security, Shelter[21]. to film. dia Take One Productions which provides produc- tion services for offshore productions expecting SOME ISSUES AT A GLANCE: At first, this was driven by the need to secure visually OH&S standards to which they are used in their dramatic/romantic locations for the filming of song home countries. Rates of pay, working hours and production scheduling and dance sequences. In recent years, Indian feature film productions have sought overseas locations for Regrettably, I was not able to visit any feature film shoots. Although my brief did not include rates of pay and work- significant periods of filming[18]. ing hours, they were the two issues most often raised by In Mumbai in 2005, I visited the set for Who Wants to be a unions. For most sectors, the scheduling of television se- As a result, Mumbai feature film crews have incre- Millionaire. At the time, I was dismayed that a national trea- ries is a serious matter as is timely payment of wages. It be- mentally been exposed to the OH&S standards that sure such as Amitabh Bachchan was working in less than came clear that resolution of these matters will be central apply in other countries. I met a sound recordist optimal circumstances. This year I again visited the produc- in raising OH&S standards. who had worked on two productions that filmed in tion’s set, which now calls Yash Raj Studios home. Opening Australia. He was aware of the differences in OH&S four years ago, these facilities, whilst not large by interna- The Music Composers Association of India represents ap- standards and working conditions, in particular, in- tional standards, are world class. proximately 1,500 composers across India working in film dustrial agreement conditions that impose signifi- and television. The Association also covers composers cant cost penalties (by way of increased payments Film City is a government owned facility covering nearly working in television commercials and albums. All up, it has to affected crew members) in the event the ten hour 500 acres. It accommodates filming in studios and the con- some 1,400 members in its western region. turnaround between shifts is breached. He was also struction of sets on site as well as maintaining standing impressed by the First Assistant Director’s capacity exterior sets that are available for hire. It has diverse loca- Its representatives make a compelling case for why mat- to call ‘wrap’. tions from hilltops to lakes. Given it is government owned, ters seemingly tangential to OH&S can have a profound im- it should be setting the standards for OH&S. However, its pact. Their main concerns are with television drama series • Last century, overseas production companies, whilst current facilities and OH&S protocols fall short of those at where composers work as independent subcontractors, on occasion desirous of filming in India, found bu- Yash Raj Studios. Nevertheless, it is to be hoped that its cur- principally producing music scores electronically (estimat- reaucracy typically impeded their capacity to do so. rent Master Plan[20] will be adopted, adequately resourced ed at 90 per cent of music for television drama series). This is changing with a number of overseas films and implemented. Whilst short on detail, it is to be assumed Clearly, this has flow-on effects for musicians, who have now locating in India including in Mumbai. that its proposed facilities will be built in accordance with been marginalised in the production of television drama world best studio facility practice and that current issues scores. Expectations of composers to deliver to unrealistic Slum Dog Millionaire is a notable example. Other such as lack of reasonably accessible toilets, security, avail- time lines often mean managing their hours of work is out offshore productions have located in Mumbai and ability of medical facilities on site, lack of adequate sig- of their control. For example, a rough cut can be delivered elsewhere including Marigold, The Best Exotic Mari- nage, identified assembly sites in the event of emergency, to a composer with the completed music tracks required gold Hotel, Life of Pi, Eat Pray Love and Save Your more appropriate fire fighting equipment and so on will be on a 24hour turnaround or even overnight. A half hour epi- Legs! An Indian—New Zealand co-production is cur- resolved. Given the facility is adjacent to the Sanjay Gandhi sode (22 minutes), although utilizing the same music over rently in production. Forthcoming productions in- National Park, hopefully a leopard-proof perimeter fence open and closing credits, still requires a total of 22 minutes clude Shantaram and Lion. will be constructed to ensure that people can work in safe- of composed music. The schedules are beyond the control ty, both during the day and after dark. of the producer. On television series, the producer is effec- Currently heading in the other direction, Nandita tively a line producer. Like the composer, the producer will Das has been contracted by Dalip Sondhi to write a There are many not-built-for-purpose ‘studios’ that occupy typically be required to assign all their rights in the produc- feature film script set in Western Australia about an disused industrial sites, warehouses and the like. However, tion – the composer to the producer and the producer to Indian woman’s journey there[19]. just because they are not built for purpose does not mean the broadcaster. they should not be regulated, inspected and operated in a safe manner. The Indian Performing Rights Society (IPRS) was estab- lished in 1969 representing music rights holders, oversee- out appropriate insurances, but it seems much more likely to occur on feature film I visited a number of such ‘studios’, all being used for televi- ing collection and disbursement of royalties. According to productions than on television productions. sion drama production, and experienced the OH&S issues [18] See Appendix B and Appendix C. [19] Bhattacharya, B. 2014, ‘Nandita goes Down Under with a pen’ in Mumbai Mirror, 24 July 2014, p.25. Note: the project consultant is Robyn Kershaw, the Australian producer [21] Chanana, O. n.d. The Missing 3 in Bollywood – Safety, Security, Shelter, UNI Global, of Save Your Legs! which recently filmed in Mumbai. [20] See the Master Plan at http://www.filmcitymumbai.org/MasterPlan.pdf. Nyon, Switzerland.

3 the Composers Association, India has excellent laws cover- have sufficient time for adequate sleep and maintaining vi- cannot guarantee, and rarely secure, employment year ing royalties and the problems are not with the laws but with able family and personal relationships, let alone recreation. round. Obviously, it does not take account of the fact that broadcaster demands for assignment of rights, corruption, These issues are fundamentally OH&S issues. many employed on productions work for Memorandum of incompetence and inadequate compliance, monitoring and Understanding (MOU) rates of pay lower than those that enforcement. In short, despite legislated rights to royalties, I would suggest all unions add a maximum six day week (if apply for an electrician. Additionally, it does not take ac- they do not flow back to the creators, causing cash flow not five day weeks unless working on locations away from count of the fact that Mumbai is one of the most expensive problems and compromising the capacity of composers Mumbai where accommodation is provided by the produc- cities in the world in which to live given the cost of real es- and other rights holders such as lyricists to invest in their er) to their log of claims. Working 28 days a month is not tate (which impacts upon both owners and renters), espe- businesses. This lack of ability to invest in their businesses conducive to productivity, let alone good health, adequate cially if one’s expectation is adequate sanitation, electricity, directly impacts on their capacity to implement appropri- recreation, sleep and maintenance of viable, rewarding per- potable water, not to mention parking and security, within ate OH&S standards. sonal lives. the city’s limits.

Apart from excessive hours and working to unrealistic The Film Studios Setting & Allied Mazdoor Union The Sound Association of India (SAI) reflected many of the deadlines, composers identified the size of work stations (FSS&AMU) with some 40,000 members echoed many of concerns articulated above by other unions. Their concerns and fire as among the risks common to the sector. Mumbai the concerns of the composers and cinematographers. also included the use of proper footwear, the need to take boasts some of the most expensive real estate in the world Well ahead of their concerns regarding OH&S were the account of climatic conditions, safe working conditions that is not matched by ‘wages’ in the sector. As with the need for improved rates of pay and, most importantly, and insurance cover. Interestingly, they raised differen- production companies and production facilities resident in timely payment of wages. In respect of the latter, the union tial treatment, saying that on-set sound crews (recordists, Lotus Park, subcontractors such as composers have little has to some extent solved the problem by requiring pro- boom swingers and replay technicians) were treated better capacity to affect the behaviour of building owners when ductions to pay wages to the union which in turn disburses than sound post production crews. Making the point that they are renting/leasing premises. Even when companies them to its members. That this should be necessary in the producers need the sound recorded, they noted they were and organisations own their own offices in such buildings, twenty-first century in the largest film industry in the world not subjected to the same level of bullying experienced control over public areas is limited or non-existent. For ex- is extraordinary, especially given the FSS&AMU represents by many others working in film and television production. ample, the Western India Cinematographers Association some of the lowest paid technicians in the industry. The They singled out television drama as a sector where bully- (WICA) owns its premises but has little influence with the industry effectively outsources much of the work of ac- ing and underpayment is prevalent. They noted that whilst building management. At the time I visited during the mon- counts departments to the union. Outrageous. taking out appropriate insurances forms part of the MOU soon, the public areas were in stark contrast to the WICA and is consequently mandatory, this provision is not en- offices. Garbage bins were placed below large leaks in That OH&S is not a concern, however, is not the case. In forced. Observing that recognition of the importance of public areas (floors well below the roof level) but WICA ex- their office, run by volunteers, I was there for a Sunday potable water and healthy food, along with more value be- pected nothing else to be done, including any assessment meeting. Notification was received of a crew member who ing attached to the importance of life than used to be the of the risk the leaks might pose to the building’s electrical had sustained an electric shock. Fortunately, the incident case, they reported that the current trend is for producers wiring. was not life threatening. It is apparently a commonplace to effect insurances but in some sectors they assert that occurrence. It is not that the FSS&AMU is indifferent to only about 20 per cent of productions did so. WICA’s current campaign reflects the concerns of all the OH&S. Rather it reflects a reality that India is a country with unions with whom I met. Their demands are basic: setting a population of 1.2 billion, with the lowest per capita in- Despite the MOU requiring the provision of contracts, as maximum hours of work, turnaround times between shifts, come of any of the so-called BRICS countries (Brazil, Rus- with the provisions covering insurances, this requirement the right to be given a written contract and appropriate sia, India, China and South Africa)[23]. By some measures is also not enforced. If asking for too much, or even the OH&S settings[22]. the median income in India is currently around US$3,000. agreed minimum rate of pay, refusing to pay such rates is Taking the FSS&AMU rate sheet at face value does not re- often argued on the basis that others would work for less. WICA’s call for a twelve-hour turnaround between shifts flect the circumstances confronting their members. For ex- In sound postproduction on television drama, the require- is, in my view, entirely appropriate. While I would like to ample, the monthly salary for an electrician (the best remu- ment for personnel to work as independent contractors is see the same ambition achieved in Australia, Australian nerated FSS&AMU classification) working on a television widespread. The SAI also reported that even on offshore technicians do not face the traffic congestion confronted serial, if multiplied by twelve, would indicate that such a productions (they cited the BBC and Endemol) the chain by technicians in Mumbai commuting to and from work person would be in receipt of an income above the median. of command is so opaque that it is difficult to ascertain just each day. It should not be too much to ask that those work- However, that does not take account of the fact that those who is responsible for paying wages – the technician is typ- ing in film and television are able to work, commute AND working in film and television are principally freelance and ically treated as a subcontractor and must operate through a broker who reportedly is paid by the producer by cheque but then typically pays the technician in cash. Underpay- [22] See Appendix D and Appendix E. [23] See Appendix F.

4 ment is apparently common. The Federation of Western In- think, in India, slippers. No-one was wearing wet weather of thirty or more construction workers using hammers was dia Cine Employees (FWICE) reported that agreement had gear. deafening. There were no dust extractors in the premises, been reached regarding independent safety reports being no dust masks and no hearing protection in use. prepared for all productions but that requirement did not In the western world, PPE such as footwear and wet weath- see the light of day in the MOU. FWICE representatives er gear are assumed to be the responsibility of the em- Cables advised that unions remain focused on people being paid ployee to provide and the responsibility of the producer to rather than on working conditions with many not being re- ensure they are used when conditions make them appropri- I visited television ‘sets’ where cables ran across floors munerated in line with agreed MOU minimum rates of pay. ate. In Australia, enclosed footwear is expected and wear- and up stairs. On some, it was akin to what flinging a giant As noted by the composers, delays in payment were com- ing thongs/flip-flops/slippers unacceptable in most circum- bowl of giant-sized spaghetti would look like. The only ar- mon and particularly so on television drama productions. stances. In some circumstances, such as on construction eas clear of tangled cables were those visible through the Some broadcasters were reportedly not paying producers sites, the expectation is boots with reinforced toe-caps. camera’s viewfinder. Trip hazards were everywhere. Not for up to 180 days after program delivery. only were cables not bundled, not taped down, not ramped All these factors have a bearing on unions’ attitudes to Discussing why none of the construction crew was wear- over where personnel needed to walk over them, I saw OH&S as a priority and affect the manner in which OH&S ing enclosed footwear, the art director explained he had of- unearthed cables. As discussed above, electric shocks are regimes can effectively be agreed, implemented and en- ten tried to encourage his crews to do so and consistently seemingly commonplace. Such accidents should be unac- forced. failed. Reasons ranged from lack of employee capacity to ceptable. These hazards are completely avoidable. pay for enclosed footwear to indifference to danger. And this does not take account of the level of unemploy- Ingress and egress ment and underemployment. The pool of people eager to Elsewhere, other PPE is typically assumed to be the respon- work in Bollywood is enormous. For every person working sibility of the producer. On this particular set – three sto- At one television ‘studio’ access was via a narrow road inside in the industry there are unknown numbers of people wait- rey high facades under construction – there was scant re- the property’s perimeter fence. The edges were unpaved. ing for the chance to secure an unskilled job in Bollywood. gard given to the dangers of working with scaffolding and Access to one set was via a covered narrow path, either This has a considerable chill effect on fighting for OH&S. working at heights. As mentioned earlier, rain falling was a side of which was unpaved, wet and boggy, and used for Technicians are easily replaced. continuous drizzle. Cables for power tools lay in the mud. equipment storage. Entry to the set was by way of a door, None of the scaffolding had guard rails. I watched people no wider than the door to a house. It was necessary to enter Personal protective equipment shimmying down uprights and jumping to the ground from sideways as a tracking board, almost three metres long and one floor up. There were no fall arrest devices in use. One a metre wide, had been placed on its side extending either At its most basic level PPE is as simple as enclosed foot- painter was working standing on top of a ladder on a set side of the doorway. I did not discover any other entry/exit wear and wet weather gear. With the exception of those balcony on the third floor of the facade leaning around the to the set, nor any windows. There was no signage. Cables working at Yash Raj Studios, enclosed footwear is the ex- corner of the balcony painting a wall. Not only was the lad- were everywhere. Trip hazards were abundant. Work lights ception rather than the rule. der not braced, there was no guard rail and no fall arrest were inadequate. There was no sprinkler system, no fire device. In the circumstances the work should have been hoses. I saw no fire extinguishers or fire blankets. In terms I visited the construction of a ‘set’ at Film City. It was not undertaken from a scissor lift. However, it would have no of OH&S, the only tick was that plentiful cold bottled wa- being built within a studio. Rather it was taking place on doubt become bogged. The quality of the work was im- ter was available on set. But that water would have been open land within the grounds of Film City. It was a town pressive but the circumstances in which it was being cre- next to useless had a fire broken out. In the event of a fire, square with three storey facades. As mentioned above, I ated were anything but. the site was a death trap. While lead cast have the privilege was visiting during the monsoon season. Pulling up off the of using makeup/hair/wardrobe vans (none of which I was road, access to the set was via a quagmire. Albeit not wide, As Opender Chanana has pointed out[24], falls from heights able to enter), they obviously perform working under the it surrounded the set. There was no kerbing and guttering resulting in injury are a common occurrence. same conditions as the director and crew. and consequently inadequate drainage. To the extent that it existed, planking to provide safe access was inadequate. I visited a studio at Film City where a set was being con- Other than at Yash Raj Studios, no ‘studio’ I visited had The rain was only a drizzle, but sufficient to require the structed for a television commercial. A large floor was being cleared passageways around sets and between the set and use of an umbrella to keep dry. It was also relentless. Ev- constructed above the studio floor. Everyone was wearing the building wall. On many not-built-for-purpose sets there erything was wet. The construction crew was hard at work thongs/flip-flops/slippers. All were working with tools. Con- was only one entrance/exit and emergency exit signage – some thirty people on site. The only person wearing en- siderable dust was being created but the only precaution was nowhere to be seen. In studios, sets were often built to closed footwear was the art director who was wearing jog- taken was that the large entrance door was open. The noise the walls or in what should have been cleared passageways gers. Everyone else was wearing open footwear – what are available in the event emergency evacuation was required, called in Australia thongs, in other places flip-flops and, I equipment was stored. [24] Chanana, O. n.d. The Missing 3 in Bollywood – Safety, Security, Shelter.

5 Emergency exit signage was typically blocked by sets or hospital but a life is not valued in India[25]. Excessive hours equipment. Anand’s response is, of course, right. There should never be This has been touched upon above. However, it worth re- Returning to Mumbai in November, I learned that one of a hierarchy regarding the value of a life. However, it misses iterating that working excessive hours is dangerous – to the sets I had visited in July constructed in a not-built-for- the point. ‘Body doubles’ or stunt performers should be the person working excessive hours, to those working with purpose ‘studio’ had been gutted by fire. Fortunately, the used for stunt sequences but they must be highly trained them and to those whom they may encounter on the way fire broke out at night when no-one was on site. Had it oc- professionals. Just as most of us would not walk high wires home or on the return journey to work. The problem ap- curred during filming, it is likely many cast and crew would like trained, experienced circus performers, most actors pears worst in the production of television programs. It have died. are not trained to undertake stunts. Unfortunately, in Bol- is entirely avoidable. Sensible scheduling – of productions lywood, neither are many stunt performers. and of on-air programming – would resolve the problem. It is worth saying explicitly that hazards in the workplace af- Until such time as broadcasters are held accountable and fect all in the workplace – cast, crew, daily workers, guests In 2005, as far as I could ascertain the only film school of producer associations and unions alike stand up to ar- to the set alike. A trip hazard is a trip hazard. A fall from a any note in India was the one at Pune. Whistling Woods was gue against unrealistic deadlines, it is unlikely much will height can affect not only the person falling but anyone established in 2006, and its reputation has grown rapidly. change. who happens to be below them. A fire hazard, if it becomes It addresses such obvious fields as directing, cinematog- a reality will affect everyone in the vicinity. raphy, editing, animation and so on. It does not appear to All unions with whom I met reported excessive hours with cover such matters as OH&S. ‘days’ of 16 hours (and even longer) far from rare, espe- Training cially in television drama. In many countries, electricians need to be licensed and It seems many people working in the industry, from electri- commonly receive this trade qualification through an ap- Although I was not able to meet with actor unions, it is cians to stunt performers, are unqualified and untrained. prenticeship that is combined with formal training. It ap- also clear that excessive working hours are an issue for Since I first visited Mumbai in 2005, when I was told the pears that in Bollywood, there are few or no mechanisms performers as well as crew. By way of example, Priyanka life expectancy of a stunt performer who worked regularly through which employers can establish the qualifications Chopra collapsed from exhaustion on a set at Film City on was five years, some things have changed. Nevertheless, it of employees. Ideally, this would be addressed through 21 November 2014[26]. Filming was suspended for six hours. remains a ‘profession’ that seems to be dispensable. accredited courses run by eligible colleges of further edu- Chopra had already been in makeup, hair and wardrobe for cation combined with apprenticeships and subsequently four hours before filming her four page monologue had There are so many unskilled people from rural areas eager achieved licenses could then be produced to evidence commenced. As Opender Chanana has written and as can to take any job at all in Bollywood that those already in the qualifications. be gleaned on reading Mumbai newspapers, such events industry are pushed to do whatever is asked, regardless of are far from uncommon. It is true that some performers risk. Others join the industry with no training and no experi- In many audiovisual industries around the world, training is try ‘to solider on’ in the face of debilitating exhaustion. Not ence but willing to say they can do what is required whilst undertaken ‘on the job’. However, there are positions where only does it adversely affect the performer in question, it having little if any understanding of what is expected let training, in addition to learning on the job, needs to be man- can add to the exhaustion of other cast and the crew and, alone the attendant risks. Apparently, scripts are typically datory. From an OH&S perspective, it is more important when resulting in filming being suspended, can directly im- not provided in advance of filming to stunt supervisors and that the electrician is suitably qualified than is the case for pact the production schedule. Exhaustion is best managed performers. the cinematographer who can learn by starting as a clapper with sensible scheduling and restricting overtime. loader, graduating to pulling focus, operating and thence to Discussing an accident and subsequent surgery of friend becoming a cinematographer. HOW TO EFFECT CHANGE actor Hrithik Roshan, Bang Bang director Siddharth Anand was asked this year: Other positions that require qualifications and/or certifica- Example tion include those handling explosives, pyrotechnics, weap- Shouldn’t body doubles be used for dangerous stunts? ons, those using certain power tools, scissor lifts, those Like India, in Australia, OH&S legislation through much of working at heights, riggers, safety supervisors and those the twentieth century, focused largely on factories, was Isn’t a duplicate’s life equally important? I know many in the stunt and special physical effects departments. In the proscriptive, setting out requirements such as guarding of stuntmen who’ve died while working on a film. I’m West, it also applies to hairdressers and makeup artists. equipment and so on. In 1982, a focus puller, David Bro- pained by our pathetic infrastructure. In other countries, a chopper arrives in 10 minutes to fly the injured to a

[26] Lalwani, V. 2014, ‘PeeCee faints in Film City’ in Mumbai Mirror, 26 November 2014, [25] Lalwani, V. 2014, ‘”No Actor Has Suffered As Much”’ in Mumbai Mirror, 23 July see http://www.mumbaimirror.com/entertainment/bollywood/PeeCee-faints-in-Film-City/ 2014, p. 42. articleshow/45278057.cms.

6 stoff, was killed on location during the filming of a stunt Attached are internet links for some Australian resources vised that many crew members, especially those working driving sequence for a feature film. It shocked the industry that may prove useful[27]. in television drama, are illiterate. into action. However, the differences between the circumstances in In Australia, a safety code was introduced[29]. It was pub- David was killed in circumstances wherein there was no Australia and those in India should not be underestimated. lished as a schedule to the relevant industrial crew agree- producer even in the country, no 1st Assistant Director on The two environments should not be assumed to be similar ment and, financed by an insurance broker, in a format de- set. The Stunt Coordinator and Stunt Performer refused to in all respects. The Australian resources offered are as ex- signed to be carried in a shirt pocket or the back pocket of continue working. The location was an ‘off-road’ car rac- amples and nothing more. The economies of Australia and a pair of jeans and, since the advent of the internet, safety ing track. A 16-year-old was found to drive the vehicle and India alone make clear the different circumstances in which guidelines are available online. perform the stunt. He was too young to hold even a learner the two industries operate. For example, Australian feature driver’s permit. He lost control of the vehicle he was driving film crews are typically smaller than Indian crews. As in Australia, the first step needs to be a simple code that and David died. can be backed by legislation, regulation and more expan- THE WAY FORWARD sive safety guidelines. What is crucial is that something is The industry in Sydney came together and negotiated a produced that can be understood by all. Clearly, a written Safety Code that, whilst brief, set out basic safety pro- As noted above, the future for India is now looking more code could be developed and made available in both Hindi cedures and imposed obligations of duty of care. It was optimistic than it has been in the past couple of years. PwC and English. However, that would not address the issue of agreed and launched in 1983. Its negotiation coincided with India and the Confederation of Indian Industry are predict- illiteracy. a statewide review of OH&S that resulted in the Occupa- ing a positive future for the Indian entertainment and media tional Health and Safety Act 1983. This legislation was sub- sectors. A snapshot of the industry today along with future Site inductions, which are required by law in many jurisdic- sequently mirrored in all Australian jurisdictions. trends out to 2018 can be found in their online publication tions such as Australia, would be one way of overcoming The Safety Code was made a schedule to the national in- Indian Entertainment and Media Outlook 2014[28]. It notes illiteracy. They are conducted verbally and in situ. At the dustrial agreement covering technicians. At the same time, that, with the Indian economy stabilising in recent months, commencement of the working day, inductions can be un- a campaign was launched for a five-day week (already in the entertainment and media sector is continuing to grow. dertaken by heads of department (for example, the 1st As- place for television productions) to apply to feature films. sistant Director at the commencement of each day’s film- The drive was safety driven. Six-day weeks remain permis- The challenge for unions will be to ensure that workers ing, the Art Director/Construction Manager on construction sible under certain circumstances – when working on lo- participate in the benefits of that growth and that rises in sites and so on) outlining all the site specific OH&S proce- cations away from capital cities with work hours counted pay, improved working conditions and the implementation dures – for example, the location of fire exits and fire fight- from ‘depart accommodation’ to ‘return to accommoda- and enforcement of an appropriate OH&S framework are ing equipment, the procedures to be followed in the event tion’, or, if necessary, one week in every six, or on shoots not sacrificed on the alter of enhanced profits. of a fire including the identification of those responsible shorter than four weeks. Despite cries that it would make for using fire fighting equipment, notifying the fire brigade feature film production unviable, it quickly became evi- Issues: and other emergency services, the location of assembly dent that productivity did not decrease by working five- areas and those responsible for knowing how many are on day weeks – it remained the same. Exhausted crews do not Language and literacy site in order to check that all have been evacuated in the work effectively. Refreshed crews do. event such action is necessary (this applies to all emergen- Australia is largely a literate monolingual country as is the cies that require evacuation). Additional matters include the However, cultural change – anywhere – takes time. For ex- United States, the United Kingdom, Korea, Japan and most use of power, hazardous materials, the need for and use ample, many men on Australian crews working on location European countries. India – and Bollywood – is not. This of PPE, the procedures for working at heights, in confined would often work without shirts. Australia has the highest raises considerable hurdles to overcome in establishing an spaces and so on. Site inductions should be undertaken rate of melanoma in the world. Despite knowing that, it effective OH&S framework for the industry. each and every time the site changes, new personnel arrive took years and several deaths, particularly among grips and on the site or the site is a new one. gaffers, for crews to accept wearing shirts, regardless of Whilst many heads of department on Bollywood feature the temperature, and that using sunblock cream, was both films are fluent in both Hindi and English, many crews, es- All sites should be adequately signed. Internationally rec- sensible and responsible. pecially in television production are not. Further, I am ad- ognised signage[30] for matters such as the location/use/ storage of hazardous materials, the location of and route It took and continues to take time for fundamental change to OH&S in Australia and elsewhere in the western world. [27] See Appendix G and Appendix H. The excessive working hours issue remains alive in Austra- [28] PwC India and Confederation of Indian Industry, 2014, Indian Entertainment and Media Outlook 20014, PwC India and Confederation of Indian Industry, see online at [29] See Appendix H. lia and the United States. http://www.pwc.in/assets/pdfs/india-entertainment-and-media-outlook/india-entertain- [30] The International Organisation for Standardization, see http://www.iso.org/iso/ ment-and-media-outlook-2014.pdf. graphical-symbols_booklet.pdf.

7 to exits and emergency exits, toilet facilities, fire alarm call The achievements secured in respect of author’s rights in points, evacuation assembly points and so on. Such signage the Copyright (Amendment) Act 2012 are world class. Un- is common at, for example, airports, where the need to com- der the amendment act, producers are obliged ‘to share the municate important information arises but where common- non-theatrical exploitation royalties equally with script writ- ality of language cannot be assumed. Such signage is useful ers, lyricists and the composers’[31]. in overcoming some of the problems illiteracy poses. This is an unassignable right other than to legal heirs or their While the producer is the person ultimately responsible for copyright societies. Such an outcome indicates what can be OH&S that person cannot be at all sites at all times. A chain achieved by strong unions despite the odds. of authority needs to be established. It should be made clear that, for instance, on a construction site, the person in whom Once unions have reached agreement on the OH&S param- the producer delegates authority is either the construction eters they are seeking, they will have a solid platform to take supervisor or the art director. On a set during the shoot, to the four producer associations. designated authority might lie with the 1st Assistant Direc- tor, and so on. In all circumstances, there must be someone It is also likely that unions will find common ground with designated to take responsibility in the event of an incident, television producers when dealing with broadcasters. emergency or fire. There must also be someone who has the authority to determine that the limit to reasonable work- Unity of voice across unions will be essential to achieving ing hours is about to be breached and with the capacity to appropriate OH&S settings. call ‘wrap’. Accepting that the right to arrive home from work healthy Each and every person working on a production must have and safely is a fundamental right. the right to determine that the circumstances in which they find themselves are inconsistent with their health and safety and have the right to not work until such time as the situa- tion has been rectified. It must be possible to exercise this right without the threat of dismissal.

The rights outlined above, once agreed, can be explained verbally to all.

Reaching union agreement on OH&S

The film and television industry in Mumbai is served by a multiplicity of strong unions that have mostly achieved high density in their membership areas along with some notable achievements.

It is clear that the negotiations for the next MOU are the highest priority. Achieving mandatory turnaround times be- tween shifts and at least one day off a week will be big achievements and make a considerable difference to OH&S standards. However, securing recognition that a safety code will be agreed and implemented within a specified time frame will be just as significant and should have the backing of all unions. [31] Bhadra, S. ‘Writers’ Rights’ in Ahmed, R [Ed] 2013, Untold Stories – Screenwriting and the Truth of Our Times, Film Writers Association, Mumbai, p.91.

8 APPENDIX A ‘CORPORATISATION’ languages and dialects were produced[34]. to Bollywood. Following this, funding from financial in- stitutions like IDBI [Industrial Development Bank of In- The Indian film industry is the largest in the world. Film has In 2004, 934 features were certified for release. Hindi lan- dia] and banks began to trickle into the showbiz kitty in long been the most popular form of entertainment in India, guage films accounted for 245 titles, followed by south 2001-02[38]. although this century television has been catching up and Indian language films with 208 titles in Telugu and 130 in has now surpassed feature films[32]. Tamil. The same year, India continued to have the highest Last century, given that Bollywood did not have so-called number of box office admissions in the world – 3,100 mil- ‘industry status’ and access to legitimate financing was of- As Suketu Mehta explained in 2004: lion compared with 1,500 million in the United States and ten difficult, many producers resorted to finance from du- 1,200 million in Europe, the Middle East and Africa com- bious sources at usurous interest rates. In an instance cited The Indian entertainment industry at the beginning of bined. However, given the average admission price of R by Mehta in Maximum City a Bollywood producer suffered the twenty-first century is worth three and a half bil- 15, judged by box office takings the picture is very differ- heart attacks following scheduling delays triggered by un- lion dollars, a minor part of the global 300 billion dol- ent[35]. By 2009, Indian feature film production exceeded reliable star actors – the interest rate on his finance was lar entertainment industry. But it is the world’s biggest 1,200 titles. 36 per cent. The debts that mounted effectively destroyed movie industry when it comes to production and view- him[39]. Mehta quotes the producer’s son: ership. The 1,000 feature films and 40,000 hours of TV Despite its output, the structure of the Indian film indus- programming and 5,000 music titles that the country try has historically been substantially different to that of ‘I hate the film line; it’s a dirty business. I swore that produces are exported to seventy countries. Every day industries elsewhere, especially in the English speaking when I grew up I would be a man in a position of power fourteen million Indians see a movie in one of 13,000 world. In 2005, PriceWaterhouseCoopers explained (rather over these people who ruined my father.’ So he became theatres; worldwide a billion more people a year buy quaintly): a police officer rather than a lawyer or a doctor of a tickets to Indian movies than to Hollywood ones. Televi- businessman; rather than a movie producer. ‘In the uni- sion is galloping in; the country has sixty million homes Though the segment has been in the hands of the unor- form, there is power’ [40]. with TV, of which twenty-eight million are cabled, bring- ganized sector till late, several developments in terms ing to city and hamlet alike a choice of around a hun- of corporatisation and other initiatives have changed In that line of work, despite his loathing for the industry, he dred channels... the face of the film industry[36]. assisted Bollywood stars – ‘he helps them out, makes the calls that need to be made and rounds up the extortionists India is one of the few territories in which Hollywood For most of the twentieth century, the film industry was that need to be rounded up, so the stars can sleep easy’[41]. has been unable to make more than a dent; Hollywood underpinned by privately owned family businesses like films make up barely five per cent of the country’s Yash Raj and Dharma Productions, relying ‘on traditional According to the UK Film Council, interest rates on finance market. Resourceful saboteurs, the Hindi moviemakers. financing through a network of “friends” and “private during the twentieth century ranged between 36 per cent When every other country’s cinema had fallen before financiers”’[37]. and 48 per cent, compared with the 16 per cent charged Hollywood, India met Hollywood the Hindu way. It wel- by the IDBI[42]. comed it, swallowed it whole and regurgitated it. What Until recently, there were no public sector support mecha- went in blended with everything that had existed before nisms. Despite its size, longevity and profile, until 1998 the In 2004, Mehta explained Bollywood film financing: and came back out with ten new heads[33]. industry was not even afforded industry status by the Min- istry of Industry. Since being afforded that status, things Most Bollywood productions do not get bank loans, Since 2004, multiplexes have proliferated and television has began to change: they are funded privately. The banks do not understand exploded with some saying there are now approximately or trust Bollywood. The funds required for a produc- 600 television channels available to audiences. In the last five to six years, a quiet revolution has been tion are huge, and a family in the industry may be work- sweeping the film industry. The journey to corporatiza- ing on several projects. The time between investment Between 1931, when ‘talkies’ were first introduced in India, tion began post-2000, when industry status was given and return can be years if the film doesn’t do well. Who and 2005 more than 67,000 films in more than 30 different

[34] Department for Culture, Media and Sport, 2005, UK Film Industry to Join Forces with Bollywood, Department for Culture, Media and Sport, United Kingdom, 30 March [38] Menon. M. 2005, ‘Film industry yet to become marketing savvy’ in exchange4me- [32] PwC India and Confederation of Indian Industry, 2014, Indian Entertainment and 2005. dia.com, FICCI FRAMES, 4 April 2005, p.2. Media Outlook 20014, PwC India and Confederation of Indian Industry, see online at [39] Mehta, S. 2004, Maximum City – Bombay Lost and Found, Review, p.143. http://www.pwc.in/assets/pdfs/india-entertainment-and-media-outlook/india-entertain- [35] PriceWaterhouseCoopers and FICCI, 2005, The Indian Entertainment Industry – An ment-and-media-outlook-2014.pdf. Unfolding Opportunity, March 2005, p.25. [40] Ibidem. [33] Mehta, S. 2004, Maximum City – Bombay Lost and Found, Review, p.321. [Suketu [36] Ibidem, p.16. [41] Ibidem, p.146. Mehta is also the co-writer of Mission Kashmir and Move 5 – aka Chess – both of which [37] Vir, P. Woodward, J & Watson, N. 2002, The Indian Media and Entertainment Indus- [42] Vir, P. Woodward, J & Watson, N. 2002, The Indian Media and Entertainment Indus- were directed by Vidhu Vinod Chopra.] The number of television channels now exceeds try, A Report based on a UK Film Council Fact Finding Visit to India, UK Film Council, try, A Report based on a UK Film Council Fact Finding Visit to India, UK Film Council, 600. April 2002, p.4. April 2002, p.6.

9 APPENDIX A would have that amount of cash lying around? Only the twenty-sixth floor suite at the Oberoi[45]. underworld. The gangs are very happy to see black mon- ey turn into Technicolour dreams. A hit film can bring In Maximum City, Mehta reproduced the contract for San- in a fourfold return on investment within the first four jay Dutt who played the lead role in Mission Kashmir, from weeks of its release. So for the underworld, investing in the reputable producer Vidhu Vinod Chopra. Other than the films is one of the quickest ways to get a return on illegal figures, the contracts, according to Mehta, for the co-leads, investment. Without underworld financing, the Hindi film Preity Zinta and Hrithik Roshan were identical. industry would collapse overnight[43]. The key paragraph is: Rakesh Roshan directed Kaho Na Pyaar Hai which starred his son Hrithik Roshan and launched the latter’s meteoric Much as I would like to pay you what you would be get- rise to megastar status. In January 2000, he was shot by hit ting outside, but keeping in mind that I do not take re- men after refusing to allow Hrithik to be cast in an under- course the normal ugly channels of finances, I would be world financed film. paying Rs twenty-five lakhs. However, please bear in mind that if the film does not do well, I would only pay you a Notwithstanding the granting of industry status, and the re- token sum of Rs 0. I hope this finds your approval[46]. sulting opening of access to legitimate finance from banks, extortion continued to be a serious issue. In 2004, Mehta When Indian productions started to come to Australia in the noted: late 1990s, it was impossible to secure copies of crew and cast contracts because they did not exist. For a long time In business, so entrenched has extortion become that the best that could be expected was a spread sheet detail- the Bombay High Court recently ruled that extortion ing weekly rates of pay for the Australian component of the payments are tax-deductible as a legitimate business ex- production[47]. By 2008, it was possible to sight a one page pense. Extortion is a form of tax. Since there is a parallel one sentence agreement setting out the weekly rate of pay justice system, there have to be parallel taxes[44]. for the Australian component of the production signed by both the production company and the actor/technician in In 2005, many Indian producers considered film financing question. and ‘rampant sing operations’ to be the most important is- sue facing the industry. Insurances and completion bonds have only been intro- duced since 2000. Film Finances, together with an Indian With many film production companies being family busi- based production company, Kaleidoscope Films, established nesses, much production continues to be structured in a Film Completion Services India, the first completion bond manner unchanged from last century. Budgets are often company to operate in India, relaunched as Film Finance exclusive of producer fees and production company over- India in December 2006. According to Variety, the ‘three- heads. These costs, typically included in western budgets, year-old Film Completion Services India has had limited suc- are simply recouped from box office takings. cess, bonding fewer than 10 Bollywood films’[48]. However, it is understood that Film Finances is bonding an Indian-New Contracts are rarely entered into prior to production and Zealand official coproduction currently in production in India. where they do exist are often entered into after the comple- tion of production. As Mehta observed:

There’s a reason Hollywood is unable to produce Indian films: negotiating contracts in Bollywood would make [45] Ibidem, p.136. any Wall Street entertainment lawyer jump out of his [46] Ibidem. [47] Under Australian immigration law, those from overseas wishing to film in Australia must pay all inbound personnel rates of pay and afford them terms and conditions no less than the relevant Australian minima, regardless of what rates of pay they may receive in their home country. [48] Iyer, S.B. 2005, ‘India film finance firm makes changes’ in Variety, 4 December [43] Mehta, S. 2004, Maximum City – Bombay Lost and Found, Review, p. 387. 2005, see http://variety.com/2005/film/news/india-film-finance-firm-makes-chang- [44] Ibidem, p.136. es-1117933882/.

10 APPENDIX B INDIA’S OVERSEAS EXPERIENCE and expectations of OH&S standards. For example, all Indian productions filming in Australia must comply with Australian With increases in production budgets from the 1990s, In- OH&S legislation, regulations and codes of practice includ- dian films increasingly started filming sequences overseas. ing the engagement of a qualified Australian safety super- Initially, these sequences were typically song and dance se- visor where appropriate together with Australian licensed quences. As Neil Spencer put it in The Guardian: electricians, armourers, special physical effects and stunt personnel and so on. Law number one [of filmmaking] is the simplest and - says Ashutosh Gowariker - the young director of Lagaan, is taught to all Indians in their infancy. ‘Our mothers lean over us in the cot,’ he tells me with a chuckle, ‘and whispers in our ears, “All movies shall have songs and dances”’[49].

Switzerland was an early destination, pioneered by Yash Chopra, and became a popular one. It came about and continues, as often as not, because it can provide locations that:

substitute for predominantly Muslim Kashmir, which is the Indian idea of a honeymoon paradise but where film- ing would be too risky because of the continuing con- flict that has riven the region since partition[50].

Although continuing to film in Switzerland, Yash Chopra broadened his horizons, filming in the United Kingdom, Eu- rope and Australia. Others followed his lead. Dubai offers glamorous sophisticated cityscapes, resorts and nearby deserts. New Zealand offers an alternative to Switzerland for producers recreating Kashmir along with a diverse range of locations that add colour and drama to song and dance sequences. This century a few large budget productions (by Indian industry standards) have filmed in New York.

The occasions on which Indian productions have located more than song and dance sequences in overseas locations have been on the rise. In Australia they include the Priety Zinta vehicles Soldier and Dil Chahta Hai, and the Yash Raj productions Salaam Namaste and Chak de! India.

Filming in developed countries, unsurprisingly, exposes In- dian producers, directors and crew to other work practices

[49] Spencer, N, 2002, ‘Salaam Bombay’ in The Guardian – The Observer, 7 April 2002, see http://www.theguardian.com/film/2002/apr/07/bollywood.features. Note: This has started to change in the past ten years with Bollywood directors exploring different genres. For commentary on the changes see Ahmed, R, 2013, Untold Stories – Screen- writing and the Truth of Our Times, Film Writers Association, Mumbai. [50] Mehta, S. 2005, ‘Welcome to Bollywood’ in National Geographic Magazine, February 2005, see http://ngm.nationalgeographic.com/ngm/0502/feature3/

11 APPENDIX C INDIAN FEATURE FILMS FILMING IN AUSTRALIA weeks Hometown - Varnachithra Big Screen, in Australia for four Road - Varma Corporation, in Australia for ten days weeks The following is offered as an example of how the Indian Janasheen - FK Film, in Australia for five weeks Madha Gaja Raja - Additude Advertising, in Australia for film industry has headed overseas in the past twenty years. four weeks Australia is a minor destination for Indian productions but 2003: Untitled - Sukha Productions, in Australia for two weeks hopefully the following is illustrative of a general trend. It Boys - Sri Surya Movies, in Australia for three weeks should also be noted that the Qantas decision to end direct Campus - Dreamworld Movies, in Australia for ten days 2013: flights from Sydney to Mumbai has had a chilling effect on Shaadi Ke Side Effects - Pritish Nandy Communications, in Nala Damayanthi - Raajkamal Films International, in Austra- the number of productions headed Australia’s way. Australia for one week lia for two weeks 2013/2014: 1996: Satha - Sharmatha Productions, in Australia for two weeks Maha Maha - Sakthi Services, in Australia for twelve weeks Nil 2004: During this period, only two television dramas filmed in 1997: Touch - Shri Sai Ram Arts, in Australia for two weeks Australia: Des Pardes - Alpha International, in Australia for one Untitled - Jyothirmayi Cinema, in Australia for one week Kahani Garkii - Balaji Telefilms, in Australia for ten days in month Production No 1 (working title) - Balaji Telefilms, feature 2004 Daud - Varma Corporation Limited, in Australia for two film spin off from a television series, in Australia for two weeks weeks Bade Acche Lagte Hain - Balaji Motion Pictures, in Australia for five weeks in 2011 Soldier - Producer Ramesh S. Taurani, in Australia for six 2005: weeks Salaam Namaste - Yash Raj Films, in Australia for 14 weeks 2000: 2006: Production No 27 (working title) - Padmalaya Studios, in Apne - Glamour Entertainment, in Australia for five weeks Australia for three weeks Juli Katril - in Austral for three weeks Neelambari - in Australia for six weeks Chak de! India - Yash Raj Films, in Australia for two months 2001: Love Story 2050 - in Australia for four weeks Production No 6 (working title) - MKD Films in Australia for three weeks 2007: Untitled - Rose Movies Combine, in Australia for two Hey Babby! - in Australia for four weeks weeks 2008: Aap Mujha Ache Lagne Lag - Emkay Films, in Australia for Virsaa - Wizemindz Entertainment, in Australia for ten days four weeks 2009: Citizen - Nic Arts, in Australia for two weeks Production No 18 (working title), Dharma Productions, in Untitled - Sri Lakshmi Narashimha, in Australia for ten days Australia for six wee - Kitne Door Kitne Paas - MK Pictures, in Australia for two Oye - Surya Productions, in Australia for three weeks weeks Theeratha Vilaiyattu Pillai - Surya Productions & GK Film Production No 1 (working title) - GSK Melodies, in Australia Corporation, in Australia for seven weeks for two weeks 2010: Jaani Dushman - Shankar Movies, in Australia for three Crooks - Vishesh Films, in Australia for four weeks weeks Untitled - Sri Venkataswara Creations, in Australia for seven Dil Chahta Hai - Producer Ritesh Sidhwani weeks 2002: 2011: Hollywood - Producer Ramanna Kodigihalli, in Australia for With Love From Australia - Pramrod Films, in Australia for four weeks five weeks Bhagavathi - Lakshmi Movie Makers, in Australia for three 2012:

12 APPENDIX D APPENDIX E APPENDIX F

APPEAL FROM WICA TO ALL APPEAL FROM WICA TO ALL MEDIAN INCOME IN INDIA AS AT DECEMBER 2013[51] PRODUCERS OF THE FILM AND TV FRATERNITY MEMBERS OF THE FILM AND TV FRATERNITY

We were given INDUSTRY status in May 1998. Since then The following “FAIR PRACTICES” are in accordance with our industry has grown exponentially. FWICE Guidelines, labour law and established norms of “HEALTH AND SAFETY”. The quality and quantity of our production has taken quan- tum leaps. Our workforce has grown in SIZE and EXPER- 1. All members should work strictly on an 8hr. shift ba- TISE. sis. Any extension should not exceed an addition hrs. Why do we get a sense that the WELFARE of our techni- A single working day should not exceed a maximum cians and workers is being compromised? of 12 hrs. Let us HONOUR the basic work ethic. Let us ensure that we 2. All meal breaks should be strictly adhered to. abide by the prescribed norms of: 1 hour for lunch & dinner & ½ hour for breakfast • SHIFT TIMINGS and evening snack. Breaks should be taken at prescribed times depend- • BREAK TIMINGS ing on shift timings • FAIR WAGES AND ALLOWANCE 3. A minimum turn around time of 12 hrs. between • FAIR CONTRACTS consecutive call times is a must • ENSURE THE HEALTH and SAFETY OF OUR WORK- ERS 4. Allowances on outdoor shoots and conveyance charges for in – Mumbai shoots are payable by all and make our Industry conducive for CREATIVE WORK. Producers

______5. All professional assignments should be formalized by a written contract, deal memo or MOU before starting work. A signed copy should be with both Western India Cinematographers Association Parties, which should be registered with respective Unions.

6. In case of disputes the respective Association should be the primary arbitrator.

• A detailed booklet, “Rights and Responsibilities” of the cinematographer is available at the WICA office.

• A legal consultant has been appointed by WICA, for consultation by members on professional matters.

______[51] Business Standard, 2013, ‘India’s median per capita income lowest among BRICS: Gallup’ in Business Standard, 16 December 2013, Western India Cinematographers Association http://www.business-standard.com/article/economy-policy/india-s-median-per-capita-

income-lowest-among-brics-gallup-113121600968_1.html.

13 APPENDIX G APPENDIX H FILM INDUSTRY RECOMMENDED SAFETY CODE this Schedule) prior to the commencement of prin- cipal photography. AUSTRALIAN ENTERTAINMENT INDUSTRY SAFETY Approved by SPAA and MEAA on 17 August 1983. CODES AND GUIDELINES Safety Supervisor 1. PREAMBLE The Safety Supervisor is the person, engaged by Whilst, as stated in the code the primary responsibility the producer, after consultation with the stunt/SFX Recommended Film and Television Safety Code: for safety falls with the production company, it is essen- co-ordinator, to prepare, liaise, advise and supervise See Appendix H. tial that all personnel, crew and cast familiarise them- on all aspects of safety for cast and crew for each selves with the code and take an active interest in pro- of the stunt/ action/SFX/hazardous action sequenc- Occupational Risk Management in the Australian Film and moting safety during filming. In the implementation of es. Television Industry – Draft National Safety Guidelines: the code, common sense by all parties should prevail. If required by the Safety Report, and/or at the http://www.alliance.org.au/information-centre/industry- producer’s discretion, after consultation with the safety/view-category (a) The primary responsibility for safety will fall on stunt/SFX co-ordinator, proven specialist safety the production company. The production com- supervisor/s should be engaged for each of the Safety Guidelines for the Entertainment Industry: pany agrees to make every reasonable provision stunt/action/SFX/hazardous action sequences. for the safety and health of employees whilst http://www.alliance.org.au/information-centre/industry- Unless recommended by the Safety Consultant in at work. The production company will bear the safety/view-category the safety report, such Safety Supervisor need not responsibility for the safety of all employees be engaged for the entire period of filming, but may notwithstanding the supervisory roles given to be engaged only for the period of filming the par- Employer Guide to Occupational Health and Safety in the various persons by these guidelines. The follow- ticular stunt/ action/SFX/hazardous action sequence. Entertainment Industry: ing guidelines will not remove any degree of re- It is advisable that the stunt/SFX Co-ordinator or sponsibility from the production company. http://liveperformance.com.au/sites/liveperformance.com. any other head of department is not the Safety Su- au/files/resources/employer_guide_to_ohs_1.pdf (b) The Producer will ensure that details of all ac- pervisor. cidents are reported on Daily Progress Reports, and upon request, may make such accident re- Stunt/SFX Co-ordinator ports available to the relevant union. The Stunt/SFX Co-ordinator is the person, selected and engaged by the Producer, who will prepare, li- (c) Safety Referral Committee aise and consult on the various stunt or action re- quirements in the production. Any dispute/disagreement regarding any aspect At the Producer’s discretion, several specialist stunt/ of safety may be referred to the “Safety Refer- SFX Co-ordinators may be engaged where special ral Committee”. Such committee will consist of stunt/action/SFX/hazardous action sequences occur one nominated representative from the SPAA, in the one production ie. water stunt, airborne stunt, and MEAA. Each organisation may nominate any horse stunts, karate, motor vehicle and so on. person to be their representative on such a com- mittee, and is required to organise an alternative The one, or several, stunt/SFX Co-ordinator/s need representative, in the event that the regular rep- only be engaged for the specific periods of shooting resentative is unavailable. Such representative during the production when these stunt sequences shall not have any pecuniary or other interest in are to be filmed. At the Producer’s discretion, the the production from which the dispute arose. stunt/SFX Co-ordinator/s may be engaged for the duration of the production. 2. DEFINITIONS 3. SAFETY REPORT Safety Consultant (See subclause 3(a) of this sched- ule). (a) The producer will ensure that a Safety Report is compiled by a suitably qualified Safety Consul- Person engaged by the production company to tant, such person to be: compile a Safety Report (as required by clause 3 of

14 APPENDIX H (i) a member of a panel of such consultants 4. MEDICAL AND FIRST AID SERVICES Effect Co-ordinator (hereinafter called the Co- previously approved by MEAA and such ordinator) is performing a stunt/special effect, (a) After consultation with the Safety Consultant, the panel to be circulated by the union; the Co-ordinator will nominate a Safety Supervi- Producer will provide a medical service which sor for the stunt/special effect and inform the in their view, is sufficient for the particular pro- (ii) the holder of a recognised first aid certifi- Producer of whom he or she nominated. cate; duction. This will include liaison with a qualified medical practitioner located within a reasonable 7. Where safety guidelines have not been complied (iii) and will have no other pecuniary interest in distance from the production office, who will be with: the film, except in exceptional circumstanc- prepared if necessary to treat unit members out- es, and where the SPAA and MEAA consent. side their working hours. The First Assistant Director may at his/her own discretion stop the shoot. (b) In the Safety Report the Safety Consultant will: (b) There must be a qualified registered nurse on set at all times when stunts and/or special effects The crew/cast delegate shall have the discre- tion to stop the shoot after a majority vote (i) recommend the sequences for which a and/or hazardous films are carried out. Where a has been taken. The stoppage will remain in Stunt Co-ordinator/ Safety Supervisor will potentially dangerous stunt or special effect is force until such times as the safety guidelines be required on set; being performed an ambulance must, if available, be in attendance on set. Where an ambulance is have been implemented. (ii) stipulate procedures to be followed to elim- unavailable, a viable means of transporting in- 8. If for any reason whatsoever a Co-ordinator is re- inate safety risks; jured person(s) to hospital must be provided. placed during shooting, all action/special effect (iii) detail areas that require either a specialist in (c) First aid equipment approved by the St. Johns sequences will be suspended for two days or for attendance or specialist advice (eg. electri- Ambulance Brigade will be provided at all times that amount of time that the new Co-ordinator cians, mechanics, fire brigade, etc.); by the Production Company, to be placed in a considers reasonable and adequate pre-produc- safe but accessible position on or near the set. tion time. The Co-ordinator’s stipulation in this (iv) include relevant details of location surveys, regard will be met prior to the resumption of ac- including terrain, buildings, etc; (d) Cast and crew are to be responsible for advis- tion/special effect filming. ing the Production Manager of any medical (v) advise the production company on safety problems which may affect/be affected, by their 9. The Producer will ensure that adequate personnel requirements of known equipment: vehicles, work in the film. The Production Manager is to are employed for the filming of stunt/special ef- props, crew vehicles, etc; advise the unit medical officer of such medical fects. problems. This information will be treated in con- 10. The Producer will ensure that sufficient pre- (vi) include the normal location first aid equip- fidence by those personnel who are informed production time is allowed for the Co-ordinator, ment on set; for safety reasons only. providing that such pre-production time is in line (vii) include details of the nearest hospital (e) The Producer will ensure that the working condi- with that specified in the Safety Report and as equipped to handle possible accident vic- tions for the pre-production and off-set crews agreed to by the Co- ordinator. tims, and where location filming is to be are adequate and safe and that first aid provi- 11. The Producer will ensure that all actors are al- carried out in country areas, shall set out sions are available and accessible. procedures for contacting air ambulance, lowed reasonable pre-production time, as speci- etc. fied by the Co-ordinator, to work with the Co-or- 5. DEFINITION OF A STUNT AND/OR SPECIAL EF- dinator or any other head of department as may (c) Copies of the Safety Report will be sent to SPAA FECT be applicable when the actor is required to work and MEAA prior to commencement of filming, A stunt and/or special effect is any action which will, with horses, bikes, vehicles, boats, animals, weap- by the Production Company. in the opinion of the Producer and/or the Safety ons or to perform in fight sequences or sports Consultant and/or Stunt Co-ordinator, place peo- sequences. (d) The fee for compilation of the Safety Report will ple or property at risk. be set annually for the period of 1 January to 31 It is the responsibility of all actors to honestly in- December by mutual consent of the MEAA and 6. The Producer will ensure that a Stunt/Special Effect form the Producer of their abilities in regard to SPAA. Co-ordinator is present at any time that a stunt/ action sequences. special effect is performed. If the Stunt/Special

15 APPENDIX H 12. The Producer will ensure that a minimum of the 14. The Producer will ensure that the crew and cast notify the Producer without prejudice that the following personnel are in attendance on loca- are given a full verbal briefing, that will encom- stunt/special effect or special effect/stunt is un- tion surveys no later than sixty hours prior to the pass all information outlined in clause 13 of this safe. stunt/special effect being performed: Schedule, by the First Assistant Director or Stunt Co-ordinator immediately prior to the execution 21. On behalf of the Producer, the Co-ordinator in Producer, Director, First Assistant Director, Lo- of the special effect/stunt/hazardous filming. consultation with the Wardrobe Department cation/Production Manager, Stunt/Special Effect Head, will take steps to ensure that costumes and Co-Ordinator/Safety Officer, Director of Pho- 15. The Producer will ensure that police, council wigs for potentially dangerous situations (eg. se- tography/Camera Operator, Art Director, Key and all relevant permissions for all stunt/special quences utilising fire, explosive bikes, cars, etc.) Grip, Gaffer and Actors involved. effect filming are obtained. The name and tele- are of materials which do not present a potential phone number of persons from whom permis- safety hazard. The Producer will ensure that a report arising sion was obtained will appear on the Call Sheet from the location surveys is distributed to all for the relevant scenes. 22. The Producer will ensure that adequate precau- heads of department no later than 48 hours prior tions are taken to safeguard the health of cast to the filming of the stunt/special effect. 16. On behalf of the Producer, the Stunt Co-ordina- and crew members where “hot climate” se- tor or his/her nominated Safety Supervisor will quences are to be filmed in cold climates and 13. The Producer will ensure that a written report on ensure that only essential personnel are in close vice versa, with particular regard to sequences the stunt/ special effect be provided to all crew proximity to the stunt/special effect. involving swimming or standing in water. and cast members and that such report be at- tached to the relevant Daily Call Sheet. This re- 17. Any crew or cast member shall have the right not 23. In the interests of safety it is the responsibility port will contain any information relevant to the to work where such member reasonably consid- of cast and crew members not, under any cir- general safety of the personnel involved in or af- ers that he or she is at risk. cumstances whatsoever, to drive any vehicle for fected by the stunt/special effect. This report will which such person does not hold a current ap- include at least: 18. The Producer will ensure that the Co-ordinator plicable Department of Motor Transport Licence liaises with the First Assistant Director and Direc- and to make such lack of qualification where rel- • a detailed description of the stunt/special tor of Photography/Camera Operator as to the evant, known to the Producer, Production Man- effect as supplied by the Director; safety of all stunts/special effects and the posi- ager or First Assistant Director. tioning of crew, cast and cameras. The First As- • the date and approximate time of day of sistant Director and/or Director of Photography/ 24. The Producer will ensure that any action/prop ve- the stunt/special effect; Camera Operator and/or Co-ordinator will have hicle that does not have current registration and • the location of medical facilities; the authority to inform the Director that a stunt/ is to be driven on a public thoroughfare obtains special effect is unable to be performed safely an Interim Registration Permit, or is otherwise • the procedures to be followed in the and to cancel the stunt/special effect and advise low-loaded. event of accident; the crew and cast not to work, if in his or her • the location of back-up services where opinion(s), any cast or crew member or member 25. The Producer will take steps to ensure that all required, eg. fire brigade, police etc.; of the general public is at unacceptable risk. vehicles provided by the Company are in good safe running order. It is the responsibility of any • an estimation of camera positions and 19. The Producer will ensure that the First Assistant crew member hiring a vehicle to the Production any special rigs; Director co-ordinates safety procedures regard- Company to ensure that such vehicle is in good • the names of the Co-ordinator, the stunt/ ing the rolling and cutting of unmanned cameras safe running order and to notify the Production special effect assistants and personnel in conjunction with the relevant heads of depart- Manager prior to engagement of the vehicle of and the Safety Consultant and any as- ments and the Co- ordinator. any faults or defects, of which the hirer may rea- signed Safety Supervisor; sonably be expected to be aware, which may af- 20. The Producer will ensure that in the event of a fect its efficiency or safety. • the authorities as outlined in clause 20 of stunt/special effect or special effect/stunt, ad- this Schedule. equate communication between the Stunt and 26. The Producer will ensure that all vehicles to be Special Effects Co-ordinators is established. driven for any stunts and/or hazardous driving sequences are checked prior to use in any re- In the event of a breakdown of such communica- hearsals or filming by a qualified mechanic to en- tion, either Co-ordinator shall have the right to sure that such vehicles are safe, and also to en-

16 APPENDIX H sure that such vehicles are fitted with first class (b) The Producer will direct that personnel filming ed directly between the animal master and/or quality tyres. from aircraft will at all times abide by Depart- wrangler, the First Assistant Director and where ment of Aviation regulations concerning filming applicable the Special Effect and/or Stunt Co- 27. The Producer will ensure that any and all mechani- from aircraft. ordinator(s). cal alterations and/or modifications to any and all vehicles including vehicles to be used for stunts (c) The Producer will ensure that in the event of any (g) The Producer will ensure that, at all times, where and/or hazardous driving sequences are carried filming being carried out from a helicopter, the horses are working on set an experience mount- out by appropriately qualified technicians/trades- helicopter pilot must hold an Instrument Rating ed rider as nominated by the horsemaster/ wran- men. Licence gler is in attendance as a pick-up rider. 28. Any vehicle faults must be reported to the Pro- 35. SPECIAL EFFECTS ducer as soon as they are detected and it is the 34. ANIMALS responsibility of the Producer to ensure that any (a) An animal master is to be employed whenever (a) The Producer will ensure that the Co-ordinator is such faults are rectified before the vehicle is animals are used. allowed adequate on-set pre-production time un- used again. hindered by other filming or other crew or cast (b) The Producer will ensure that adequate pre-pro- members. 29. In the event of locations requiring four-wheel duction time is allowed for all actors who will drive vehicles, snow chains, any other specialised be required to work with animals to train with (b) The Producer will ensure that adequate testing vehicles or modifications to usual vehicles, such the relevant animal master and/or wrangler with of all special effects is carried out during pre- specialised vehicles and/or modifications will be the animal(s) with which they will be required to production and where possible that such test- supplied by the Producer. work. ing is carried out in the presence of all relevant heads of department and those cast members 30. The Producer will ensure that all caravans and (c) It is the responsibility of the horsemaster to ad- involved. campervans are equipped with appropriately vise the Producer of the number of assistants charged fire extinguishers. he/she requires on set in relation to the number (c) The Producer will ensure that the Special Effect of horses. This information must be supplied in Co-ordinator has in his or her possession at all 31. The Producer will ensure that no actor shall be pre-production so that the Producer can ensure times all necessary permits and licences cover- asked or directed to drive any action (on screen) adequate funds are made available for the em- ing products and equipment used to carry out vehicle if such actor does not feel confident to ployment of such assistants. his or her contract of employment, together do so. In the event of an actor not wishing to with literature on all relevant chemical composi- drive an action vehicle, the Producer will ensure (d) The Producer will instruct the animal master to tions and safety guidelines regarding the use of that the options of the vehicle being towed, trav- ensure that all animals required to work in a film smoke and flammable materials. elling on a low-loader or moving by similar tech- set/location are trained to work in such condi- nique be available, or where the shots allow, a tions. Where for any reason animals are hired “lo- 36. CONSTRUCTION stand-in be available to do the necessary driving. cally” with no previous experience of film work, the Producer will ensure that adequate pre-pro- The Producer will ensure that all necessary reports and 32. No actor shall drive any action/prop (on screen) duction time is allowed to the animal master or certificates are obtained for any and all special rigs or vehicle if in the opinion of the Producer or in the wrangler to train and acclimatise the animals to constructions where the relevant head of department opinion of any relevant head of department the filming conditions and to be satisfied that the ani- considers that safety is at risk. actor is not capable of or competent to drive the mal will perform in a manner conducive to the vehicle safely. safety of the cast, crew and general public. 37. FIREARMS AND AMMUNITION

33. AERIAL FILMING (e) The Producer will direct that all saddlery, harness No live ammunition is allowed on set at any time except and other animal-related equipment and acces- where animals are being used on set in which instance (a) The Producer will ensure that any and all mounts sories are in good condition and of high safety the Producer must be advised of the whereabouts of to be used for aerial filming meet with the ap- standard. the necessary firearm (allowable only in the interests proval of the Department of Aviation and any of humane animal treatment) and must ensure that the and all other relevant bodies. (f) The Producer will ensure that, at all times, on firearm is kept dismantled in a secure position and that set liaison when animals are present is conduct- any and all ammunition is stored separately. The Pro-

17 APPENDIX H ducer will also ensure the confidentiality of such infor- LIST OF CONTENTS: In particular, point out that any changes in the mation and advise only such heads of department as in script, other than dialogue changes, must be (i) Sequences requiring Stunt Co-ordinator, Special the interests of safety must be informed. made known to Heads of Departments at least Effects Co-ordinator, Safety Supervisor 24 hours in advance of the relevant shooting (ii) Procedures to Eliminate Safety Risks date to allow an assessment of any safety fac- 38. DRUGS AND ALCOHOL (iii) Areas that Require the Employment of Special- tors that may arise. (a) At no time shall any cerebrally active drug, in- ists cluding but not limited to alcohol, marijuana, co- (iv) Locations Note that access to and from locations be safe caine or any other central nervous depressant (v) Equipment and well lit. This is also a requirement of the Oc- or stimulant be consumed by any crew or cast (vi) First Aid Equipment cupational Health and Safety Act (or equivalent member during working hours. (vii) Back-up Medical Facilities during Filming applicable to the area where the filming will take place). (b) If the Producer/First Assistant Director/Stunt Co- ENCLOSURES: Also the report should note the following: ordinator/Safety Supervisor considers any crew Film Industry Safety Code Occupational Health and or cast member to be intoxicated or under the • That portable toilets and caravans are to Safety Act (or equivalent applicable to the area where influence of any illegal/cerebrally active drug, be well labelled, secured and lit, and that the filming will take place). they may enforce that person’s removal from heating should be of a conventional and set. safe kind. Script Crew and Cast List Location List Preliminary or (c) When any crew or cast member is taking pre- Shooting Schedule. • That the following fire extinguishers be scribed cerebrally active drugs by way of medi- carried by the unit at all times and should be readily accessible to the set at all cation, the Producer and Safety Supervisor must SAFETY REPORT GUIDELINES be notified and due consideration given to the times: (i) RECOMMEND THE SEQUENCES FOR WHICH A ability to perform work tasks. 2 x 9 kg stored water extinguishers, STUNT CO-ORDINATOR/SPECIAL EFFECT CO- suitable for paper, wood, etc., fires; 1 ORDINATOR AND/OR SAFETY OFFICER WILL NOTATION: x 6 kg CO2 extinguishers for electric BE REQUIRED ON SET. fires; 1 x 9 kg BCF and 2 x 4.5 kg BCF All aspects of insurance, personal and motor vehicle, to Detail the Scene Number, particulars of the stunt/ dry chemical extinguishers for larger be the subject of separate negotiations. special effect, the specialists to be employed, the fires and flammable liquids, but that by pre-production time required as stated in Clause preference these extinguishers should ____ 10 of the Code (or such longer period of time as not be used on sensitive equipment, the Report Writer may believe necessary), noting and certainly not on personnel. the need for any testing to be carried out as per It should also be noted that these ex- FORMAT FOR SAFETY REPORTS REQUIRED UNDER subclause 35(b) of this Schedule. FILM INDUSTRY SAFETY CODE tinguishers constitute a minimum re- quirement. (ii) STIPULATE PROCEDURES TO BE FOLLOWED Name of Production: TO ELIMINATE SAFETY RISKS ARISING FROM • That if travelling away from capital cities, Production Company: STUNTS/SPECIAL EFFECTS, AS OUTLINED IN a briefing on the likely weather that crew Address: PARAGRAPH (i) HEREOF AND IN GENERAL. and cast can expect to encounter, eg. hot/ Telephone No: cold/dry/wet/snow/ice/high altitude, etc. In general, point out the parts of the Code that Report Written by: affect the particular production, including the Address: (iii) DETAIL AREAS THAT REQUIRE EITHER A SPE- crew’s requirement to disclose health matters; First Aid Certificate No: CIALIST IN ATTENDANCE OR SPECIALIST AD- all relevant safety requirements arising from Details of any pecuniary interest of the Report Writer in VICE (eg. electricians, mechanics, Fire Brigade, this report to be on the call sheet of the day on the Production: riggers, etc.) which the sequences will be executed; the cast Synopsis of Production: (or as attached) and crew’s obligation to read the call sheet; and, Detail scene number, area of concern, specialists in general, the contents of the new Occupational to be employed, pre-production time required. Health and Safety Act.

18 APPENDIX H Include under this heading, the medical require- • Low Loaders; The Report should include an apology for any ments as mentioned in subclause 4(a) of this omissions or errors as some things cannot be • Special Rigs; Schedule. foreseen. • Towers and mobile towers; The Report should include a request that if any- (iv) INCLUDE RELEVANT DETAILS OF LOCATIONS • Cherrypickers. one has any suggestions as to how the report SURVEYS, INCLUDING TERRAIN, BUILDINGS, could be improved, they contact their union. ETC. A grey area is that of electrical equipment and generators. Ensure that the relevant section of List of locations, as supplied by the Production the Occupational Health and Safety Act is quot- Company, including the production office itself, ed in the report (or equivalent applicable to the the construction, wardrobe, art department and area where the filming will take place). editing department areas. If the Report Writer does not feel competent At each location, the following should be given to file a completed report on any aspect as de- attention for possible safety factors: tailed, the relevant area should be noted in the • Entry and Exits; Report with the recommendation that a person competent in the particular area is employed to • Fire precautions in the following areas advise the Production Company. of the set: wardrobe, make-up, hair, and catering; (vi) INCLUDE THE NORMAL LOCATION FIRST AID • Access to and from toilets; EQUIPMENT ON SET • General lighting requirements other than Enclose a list as supplied by the Department of for filming; Industrial Relations. This is a minimum require- • Adequate ventilation; ment. • Protection from the unintentional intru- (vii)INCLUDE DETAILS OF THE NEAREST HOSPITAL sion of the public, eg. filming on streets EQUIPPED TO HANDLE POSSIBLE ACCIDENT and in public places. VICTIMS, AND WHERE LOCATION FILMING IS TO BE CARRIED OUT IN THE COUNTRY AREAS, (v) ADVISE THE PRODUCTION COMPANY ON THE SHALL SET OUT PROCEDURES FOR CONTACT- SAFETY REQUIREMENTS OF KNOWN EQUIP- ING AIR AMBULANCE, ETC. MENT: VEHICLES, PROPS, CREW VEHICLES, ETC. This can either be done by going through the schedule and listing the information on a day to In general, go through the production in catego- day basis or by locations. If the production has ries, eg.: not finalised all locations, then it should be stated • Crew vehicles; which ones are to be confirmed, and the report should recommend that a person be employed • Props; or nominated to supply this information well in • Action vehicles; advance of shooting. • Wardrobe; The Report should remind the Production Com- pany of the Occupational Health and Safety Act • Caravans; and a copy should be attached to the Report (or equivalent to the area where the filming will take • Aeroplanes; place). • Helicopters; • Towing vehicles;

19 APPENDIX I A PRO FORMA RISK ASSESSMENT FORM FF frequencies; ionizing eg x-rays) FIRE FF Railway lines (working on or near) FF Roads (working on or near) • Alarm system: Automatic / Manual FF Scaffolds / rostra / towers • Sprinkler system: Injury x Probability = Risk per person (all those exposed to Level 2 risks must be FF Scalding / burning • Extinguishers: Water / Foam / CO2 / Powder specialists or stunt performers) FF Special Effects – physical SFX: eg explosions, pyro- • Fire blankets: technics, smoke, rain, snow • Fires hoses: FF Stunts/ dangerous activities Hazard Injury/ Probability People/ Precautions Residual risk Damage (H, M, L) Categories FF Tunnels / quarries, mines (ventilation, cave-ins) (H, M, L) at risk HAZARD CHECKLIST FF Vehicles (maintenance, working order, speed, cam- era mounts, obstructions, crew vehicles) FF Access / egress /emergency exit/s FF Violence / riots FF Aircraft FF Water (working on, over, in or close by) FF Animals FF Weather (adverse) FF Asbestos FF Working with children FF Chemicals, drugs, poisons FF Working with elderly personnel FF Hazardous substances FF Working with people with a disability FF Compressed gas (eg butane, propane, oxygen) FF Other FF Confined spaces FF Derelict / abandoned buildings INJURY FF Dangerous structures High = three or more consecutive days off work FF Driving operations Medium = first aid with work disrupted FF Electricity Low = first aid without disrupting work FF Emergency evacuation procedure FF Fire / naked flame PROBABILITY FF Gas High = very likely (unacceptable) FF Glass (in scenery, being smashed, collision haz- ard) Medium = likely (consider using specialist eg. stunt per- FF Heat / cold (extremes of temperature) former) FF Heights (working above two metres) Low = unlikely, remote (normal, everyday chance) FF Inexperienced / untrained personnel FF Lifting appliances (fork lift, scissor lift, crane, cher- rypicker) Residual risk: 3 = High, 2 = Medium, 1 = Low FF Machinery (eg protective guarding) Risk of injury H M L FF Manual lifting / handling FF Night operations Probability of injury FF Noise (need to shout to be heard) H 3 2 1 FF Physical exertion (abnormal stress) M 2 3 2 F F Public participation L 3 1 1 FF Radiation (non-ionising eg lasers, microwaves, ul- traviolet, infrared, radio

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Marpakwar, C. 2014, ‘BMC Threatens to Book the Man who Exposed Loopholes in Hawker Survey’ in Mumbai Mirror, 29 July 2014, p.1.

Marpakwar, C. 2014, ‘Fired! City fire chief demoted for ineptitude and poor leadership’ in Mumbai Mirror, 29 July 2014, p.8 (continued from p.1).

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