@BT

Great example of primary producer with several layers of subcontracted producers. CBS got the fine because they are the rights holder /stakeholder.

Right back at cha from the hip with this brain spinner. OSHA doesn’t cover unpaid volunteers so does that mean no OSHA for Super Bowl halftime shows? The NFL doesn’t pay Super Bowl halftime performers, they do it for the exposure either as up and comers or want to reestablish relevancy.

@jilted
On top of using shell corps or foreign holding corps for some a few are even using varied SIC and NAICS codes to fly low. Web cams as bookstores vs video production and nice shit like that.

@BT

Watch out for CITIZENS UNITED V. FEC to be fought against OSHA. Basically that lawsuit is being used to extend First Amendment rights to corporations so all we thought we knew about individual rights is being turned on its head and fought in court rooms here there and everywhere.

@erik

Both ATK & erotique are open Inspections at this point.

ATK is a new process started 2/12/14 and may involve several inspections or follow up visits before the report is updated to a closed status if no violations are found or listing violations cited.

$5,180 is just the proposed penalty for the four violations listed and will be reduced if the violations are abated (corrected) by date in citation notice. Erotique process started 7/1/13 with a complaint logged before that date then one or more inspections occurred before a meeting on 12/5/13 and violations issued 12/11/13 that were contested on 1/13/14.

Contested violations may be reclassified or dismissed and the fines often change. IG Hustler negotiated a 10k settlement for a much higher proposed fine amount.

3203 refers to IIPP (injury & illness prevention plan)
5193 refers to BBP (BloodBorne pathogens)
H01, A, etc. refer to the specific part of the standard violated.

Oops forgot that WC can also impose criminal sanctions with civil penalties and back premiums.

@Erik2690

OSHA and WC (work comp) work hand in hand under the Federal Dept of Labor rules.

OSHA works with businesses to develop, adopt and implement ways to keep workers safe. They are response based system to a request for policy guidance, accident (injury) report or complaint is generally needed to start process and sanctions are civil. Appeals go to administrative law judges at OSHAB (Occupational Safety Health Appeals Board)

WC insurance is required and rates vary with industry data as well as employer claim history. Employers are notified that a claim has been presented and they may dispute it even if they didn’t carry the required coverage. If the board finds the claim valid they pay out through a uninsured fund then they hit the employer with penalty fines on top of back due premiums. Appeals go to administrative law judges WCAB (WC Appeals Board)

The definition of “employee” by OSHA can be different than WC for the same person. Haven’t looked to see if the industry has litigated “employee” with OSHA but do know WC says performers are employees and SCOTUS denied cert for WCAB v. DeuPree after the CA Supreme Ct found Brooke Ashley was an employee entitled to coverage for HIV from a 1998 shoot where she never had to prove she caught HIV on set.

WC is a odd duck…key boarders don’t have to prove their carpel tunnel happened at work, only that they truly have carpel tunnel and that it probably resulted from work related activities. The employer fighting the claim has to prove it isn’t real, it couldn’t be related to work activities or that it clearly didn’t happen at work. With HIV it’s like carpel tunnel or other repetitive movement injuries vs injuries from a fall of ladder at home blamed on a crappy non-ergonomic office chair.

Cal-OSHA draft OPIM defines primary and secondary producer. The producer is financial stakeholder regardless of who is subcontracted to create the production.

Not sure but expect producers are still arguing over who the producer is with respect to current regulations.

Tragic as it sounds, that outcome makes sense to me. The production company was required to provide safety equipment – to create a safe work environment. It provided the equipment and the equipment was apparently in good working order. For whatever reason, the rigger was not wearing the safety equipment at the time of his death. It’s an accident – a tragic accident, yes – but an accident that was outside of the production company’s control. Or, at the least, not the company’s fault because of a safety violation. The production company would have been liable if it provided the equipment, but told the rigger, hey, whether you use it or not is optional – it’s your choice; or, in the alternative, if the production company said: hey, around here, we understand that death could happen, but we’re rigger athletes. No one wears safety equipment at work. Or worse, a supervisor is standing there and says to the rigger: Hey, you’re supposed to wear that harness, but whether or not you put it on is up to you. It’s optional. For the company, there is no option – they have to be in compliance.

That’s the porn equivalent – directors and producers may have condoms on the set and say they are condom optional, but they also know that the regulation doesn’t include an option. If they let the cameras roll and the talent is not using condoms despite the county regulation and now OSHA regulations, the producer and/or director is in willful violation. They can’t say: We gave them the option and get off the hook.

Appreciated. I was just trying to make sure I wasn’t missing something while looking at these forms.

yes