Entertaining Safety

8/12/2019 Entertaining Safety

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E N T E RTA I N I N GS A F E T Y

The Entertainment Technology ProfessionalsGuide to Insurance and Risk Management

Brought to you by: PLASA & ProSight Specialty Insurance


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Risk Management Is Fun . . .Really!

Reduce Your Risk Everywhere . . .Before Anything Happens

Going Beyond the Regulations

Risk Assessment and Planning

Certication

Paying the Price When ThingsGo Wrong

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Understanding the

Insurance Buying ProcessFinding the Right Agentfor Your Business

Understanding theRenewal Process

Risk Transfer:Insurance and Contracts

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EXECUTIVESUMMARY

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SECTION I SECTION 2

TABLE OF CONTENTS

Risk Management Is Part of

Doing Good Business

INSURANCE FOR THEENTERTAINMENTTECHNOLOGYPROFESSIONAL

A CREATIVE APPROACHTO SAFETY

WHY SHOULDENTERTAINMENTTECHNOLOGYPROFESSIONALS CAREABOUT INSURANCE ANDRISK MANAGEMENT?

What You Really Need to KnowAbout InsuranceBut Never KnewWho to Ask

How Entertainment TechnologyProfessionals Manage and Avoid Risk

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TABLE OF CONTENTS

Section I

Section II

CONCLUSION

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Dont Let This Happen to You

The Risk of Not PayingAttention to Risk and Insurance

Prepare for the Worst toPrevent It from Happening

SECTION 3

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Being Prepared: What MustBe in Place, Just in Case

Outdoor Events and Weather

What to Do When anIncident Occurs

The Insurance Claims Process

WHAT TO DO WHENBAD THINGS HAPPEN TOGOOD ENTERTAINMENTTECHNOLOGYPROFESSIONALS

CONCLUSION

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WHY SHOULDENTERTAINMENTTECHNOLOGYPROFESSIONALSCARE ABOUT

INSURANCEAND RISKMANAGEMENT?

E X E C U T I V E S U M M A R Y

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Risk management maynot be the sexiest part ofentertainment technology,

but it is critical to protectingyour business and the safetyof the people around you atthe events and workplaces atwhich you make your living.


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RISK MANAGEMENTIS PART OF DOINGGOOD BUSINESSRisk management may not be the sexiest partof entertainment technology, but it is critical toprotecting your business and the safety of the peoplearound you at the events and workplaces at which youmake your living. Theres a good chance it isnt thepart of the job you spend the majority of your time on,yet when treated with utmost importance, effective

risk management could protect your livelihood, yourwell-being, and the lives of others when worst-casescenarios arise.

In recent years, several incidents have remindedthe industry what is at stake every time we put ona festival, concert, sporting event, or other type ofspectator experience. The 2003 re at a Great Whiteconcert caused by pyrotechnics launched improperlyat a Rhode Island nightclub killed more than 100

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In a nutshell, it will provide you with the roadmap to helpyou achieve three major objectives in risk management:

Acquiring the right insurancepolicies for your business

Ensuring safety in the workspacesand venues in your line of work

and for the people who inhabit them(e.g., coworkers and event goers)

Reducing the likelihood thatyour company will nd itself

in litigation

people and injured more than twice as many, landedthe bands stage manager in prison for four yearsfor involuntary manslaughter, and resulted in a $176million civil suit that eventually dented or shut downseveral businesses. Meanwhile, legal battles are stillbeing waged between the band Sugarland, the Stateof Indiana, a handful of promotion companies, and the

families of seven people who were killed and dozensof others who were injured by a stage collapse at the2011 Indiana State Fair.

Although no single resource can cover every detailabout safety and risk management, this handbookwill help even veteran business owners familiar withinsurance see the ner points of protecting theirbusinesses, employees, and the people who enjoy theevents their organizations help bring to life.


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The rst section of this book will walk you through the insurance purchasingprocess, including the different types of policies, how to select the right coveragefor your business, and just as important, what your insurance may not cover. It willalso guide you in how to:

Find the right insurance agent

Make sure you are asking the right questions when renewing your policy

Limit your liability by utilizing your insurance policies and those of the promoters,artists, other suppliers, and the rest of the personnel working with you at an event

Section 2 will illustrate how to creatively integrate safety into the equipment youdesign, rent, or use throughout the year. More specically, we will tell you howto mitigate risk at your facility, in transit, and onsite at a venue, and point you tothe standards you should be upholding in your practice (hint: its not those of theOccupational Safety and Health Administration [OSHA]; federal and state codesshould be your minimum standard, not the ultimate bar you strive to reach). Thissection takes you through the basic steps of a risk assessment processPlan, Do,Check, Actand concludes with information about certication.

The nal section covers how to handle an incident, starting with what you needto put in place beforehand in order to effectively deal with a calamity when oneoccurs. It then examines what to do if misfortune strikeswho to call rst, how todeal with injuries, what information to collect, and what you should and shouldntdo and say throughout the processbefore concluding with an overview of theinsurance claims process.

Insurance coverage is constantly changing, which is why it is important for businessowners to review it regularly and take the steps necessary to understand what theyare (and are not) getting with their policies. This handbook will outline and sequencethe issues you need to consider in order to protect yourself, your business, and thepeople with whom you come in contact throughout the year. And where explicitanswers are not given, we tell you where you can obtain additional information.

At the end of the day, treating insurance and risk management as a core componentof your operations could be the difference between ensuring great fun for theattendees of your events (and the people who create them) and being put out of

business altogether. It is our sincere hope that this book helps you and everyoneyou work with to understand the essential role safety plays in producing greatentertainment. We are all in this togetherwe all win when we are safe.

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INSURANCE FOR THEENTERTAINMENTTECHNOLOGYPROFESSIONALWhat You Really Need toKnow About InsuranceBut Never Knew Who to Ask

S E C T I O N 1

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UNDERSTANDING THE INSURANCE BUYING PROCESSWhat Matters to Insurance Underwritersand Why That Matters to YouTypes of Insurance CoverageKey Insurance Terms DefinedUnderstanding Coverage

FINDING THE RIGHT AGENT FOR YOUR BUSINESSSpecialists vs. Generalists: Does Your Agent Know What a Chain Hoist Is?Questions to Ask Your Prospective AgentSigns You Have Found the Right AgentWar Stories from Insurance Industry Veterans

UNDERSTANDING THE RENEWAL PROCESSReassess Your BusinessReevaluate CarriersStart Two Months in Advance

RISK TRANSFER: INSURANCE AND CONTRACTSCritical Elements of ContractsLiability of Different PartiesEnsure That Subcontractors Have the Right Language and Protections in PlaceDealing with Onerous Venue Contracts

In This Section

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UNDERSTANDINGTHE INSURANCEBUYING PROCESSWHAT MATTERS TO INSURANCE UNDERWRITERSAND WHY THAT MATTERS TO YOU

Simply put, insurance underwriters want to understand the nature of the businesses theyinsure and the everyday exposures to loss that these entities face. As part of this process, theyneed to uncover as many potential exposures to accident, injury, and mishap in the courseof your everyday business that can be discovered. The goal is for both the insured and theinsurance carrier to understand the risks that can impact a business and to help you, theinsured party, when possible, to reduce, avoid, and/or transfer that risk.

Ultimately, the insurance company is interested in achieving the main objectives listed atthe outset of this handbookensuring safety for everyone at a work site (including workers,customers, audiences, and citizens), while protecting you against legal action. One mightthink that divulging your vulnerabilities will empower your carrier to take more money outof your pocket. In reality, the opposite is typically true. Your premium corresponds to yourexposure. By clearly understanding all of your exposures, your insurance agent and carrier canwork together to reduce as much of your exposure as possibleoften reducing the premiumwith your carrier in the process.

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The goal is for both theinsured and the insurancecarrier to understand therisks that can impact a

business and to help you,the insured party, whenpossible to reduce, avoid,and/or transfer that risk.


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TYPES OF INSURANCE COVERAGE

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Workers CompensationProvides coverage for employees when they areinjured in the course of their employment.

AutomobileProvides coverage for liability claims related to bodilyinjury and property damage to third parties shouldyour vehicle be involved in an accident. Businessesshould maintain coverage for owned, leased, rented,and non-owned vehicles used for work-relatedpurposes. You are legally required to carry onlyAutomobile Liability insurance to cover third parties,but you can elect to purchase a Comprehensive andCollision coverage that would also cover damage toyour vehicles.

Workers Comp is anabsolute must -have if youhave people working for you.This includes temp workers,freelancers, and contractorshired for specific events!

DisabilityProvides short-term disability benets if employeesare disabled as a result of an accident or sicknessthat occurs while they are not at work. (Required inCalifornia, Hawaii, New Jersey, New York, PuertoRico, and Rhode Island.)

General LiabilityProvides coverage for bodily injury and propertydamage claims to third parties arising from the

insureds operations on the business premises and/or on location. Although there are many exceptions,General Liability policies usually provide a $1 millionlimit. Higher liability limits can be obtained througha separate Umbrella policy.

PropertyProvides coverage for owned, leased, or rentedbuildings, personal property used for business, andequipment. Each commercial lease should detailthe tenant and landlords respective property andbusiness interruption insurance requirements.

Required by StatuteWorkers CompensationAutomobileDisability

RecommendedCoveragesGeneral LiabilityPropertyInland MarineCommercial CrimeErrors & Omissions (E&O)UmbrellaDirectors & Officers (D&O)Business InterruptionCancellationFine Arts


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Business InterruptionProvides protection against direct physical loss to coveredproperty at a covered location from a covered causeof loss. It is designed to help you pay those continuingexpenses while you are putting your business backtogether in the wake of the claim related to your property.

Cancellation

Covers the expenses resulting from the cancellation of anevent that stems from circumstances beyond the controlof the policyholder. A Cancellation policy can enableentertainment technology businesses to prioritize safetyrather than risk catastrophe by moving forward with anevent when it is not advisable.

Fine ArtsProvides coverage for assets that have a specialsignicance that enhances their original value (e.g., afamous musicians instrument). A Fine Arts policy mayentail an appraisal and require a proof of authenticity toobtain higher limits.

Inland MarineProvides coverage for equipment in transit in and whileat unnamed locations. It can also include other peoplehandling your gear; other peoples possessions in yourcare, custody, and control; or property in a mobilebusiness structure. (See Limitations, Exclusions, andCoverage Interactions on page 17.)

Commercial CrimeProvides coverage for theft of money, property, andother assets as a result of various types of criminal activity,including but not limited to some forms of employeedishonesty; theft of money, securities, and assets on andoff the insureds premises; and computer fraud.

Errors & Omissions (E&O) Covers nancial losses related to wrongful acts thatdo not result in bodily injury or property damages. Forentertainment technology companies, E&O insurancecould help protect against losses due to the failure ofpeople and/or equipment to perform (e.g., malfunctionof animatronics, failure of live Web feed, botchedlighting, etc.).

Umbrella Provides higher limits of liability protection once thelimits have been exhausted on primary policies, suchas General Liability and Automobile. For example, if an

out-of-control automobile injures numerous people atan event, your Auto policy may not cover the entiretyof the resulting damages. Umbrella will provide excesslimits. Consult your agent to determine scenarios thatwould require additional coverage. May be consideredfor situations such as:

Working in a public setting $1 million General Liabilitymay not be enough when you are working with publicstreets, services, and crowds.

Companies with numerous jobs around the globeat one time larger companies can have millions ofdollars in exposure at any given time.

Small business landing a larger-scale event Settingup lights at the local theater will require less coveragethan a sports arena or stadium.

Directors & Ofcers (D&O) Provides coverage for losses that result from the actionsof directors and senior management of a company asthey relate to their specic work-related duties.

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KEY INSURANCE TERMS DEFINEhttp://www.ambest.com/resource/glossary.html


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UNDERSTANDING COVERAGE

What Do You Really Need to Insure?This is where it is critical for a technical entertainment business to have theexpertise of a broker or a risk manager if the company has access to one.

Your broker should be very familiar with the types of coverages offered inthe marketplace and know how to assess which ones are right for you.

Again, it is important to share as much information about your businessas possible. There are two schools of thought when it comes to sharingthe intimate details of your operations with an insurance underwriter. The

rst school of thought is to try to keep the underwriter in the dark and onlyanswer the questions asked of you. The second school of thought, andthe more successful approach over the life of a business, is to share withthe underwriter the exposures that pose the greatest threat to the nancialwell-being of your business.

It can be tricky to gure out the value of your equipment and property aswell as your general exposure to frequent and severe claims, then balancethat against how much you can afford to spend on insurance. Underwriterswant to know as much as possible about clients total inventory, employeehead count, and estimated income and expenses up front. Whereverpossible, it is recommended that you insure these assets to full value (seeImportant Terms: Replacement Cost, Actual Cash Value on page 16).

Many businesses nd themselves in unanticipated dilemmas becausethey did not fully insure their operations, usually because they did notinclude every essential asset of their business in their policies or they didnot purchase the appropriate level or types of coverage. For example, itis not uncommon for companies to nd out their Property policies do not

cover damages that result from a ood or earthquake (see Limitations,Exclusions, and Coverage Interactions on page 17).

Selecting the assets to insure is just the beginning of the discussion.How those assets are used, stored, and in some cases transported alsodetermines the level of coverage you need. If you have employeestemporary or permanenthandling your equipment, driving your vehicles,or working under your roof, that too will factor into the equation.

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CVRG

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Coinsuranceand the Risks of UnderinsuringYour Assets

In the context of property and casualty insurance, coinsurance is anapproach that allows policyholders to cover less than 100 percent ofthe replacement cost of their property and still be able to collect 100cents on the dollar for partial losses.

Coinsurance is a contractual provision that requires the insured topurchase a minimum specied dollar amount of coverageusually

80, 90, or 100 percent of the entirety of the policyholders buildingassets and personal property used for business.

If a property policy with a $1 million replacement cost contains an80 percent coinsurance clause, the insured would need to buy an$800,000 limit in order to comply with that policy. If there were a totalloss of $1 million then the insured would receive $800,000 and pay$200,000 out of pocket as a coinsurer, per the agreement.

It is when customers purchase coverage for an amount that is lessthan the coinsurance requirementin this case, $800,000thatpolicyholders encounter costly surprises upon ling a claim. Lets saya business owner takes out coverage for $400,000. The most commonmisconception is that the insured will be reimbursed the full amountif that company were to indeed experience a $400,000 loss. In fact,the policyholder will collect $200,000 in this instance, not the $400,000the business was expectingthe ratio of the amount of coverage thecustomer purchased ($400,000) divided by the $800,000 amount thebusiness was required to cover.

Companies might be tempted to buy low limits of insurance, believingthey would never suffer a total loss. However, coinsurance penaltiescould easily erase savings gained through lower monthly premiumsif one fails to insure the full value of assets up to the percentagerequired by the policy.


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Important Terms: Replacement Cost, Actual Cash Value

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Value of your assets at the time of loss (i.e., depreciation is taken into considerationthe value of what a useditem would cost).

Replacement Cost = Amount of money needed to replace lost asset with one of equal quality.

Actual Cash Value =

Whenever your carrier allows it, you want to insurepossessions and property at replacement cost. Ifyour staging equipment is 10 years old, its ActualCash Value will likely be low due to the depreciationof its net worth over time. However, it might cost

you several times more than the Actual Cash Valueto secure satisfactory replacements.

Since few policies are exactlyalike , it is critical that you review

your policies with a specialtyagent who is experienced inthe entertainment technologyindustry (see Finding the RightAgent for Your Business below)to know exactly what each onecoversand just as important,what it does not long beforeyou encounter a situationinvolving a claim.


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Limitations, Exclusions, and Coverage Interactions

Understanding exclusions and limitations of your coverage is one of the most complexelements of purchasing insurance (and ling claims). There are many different kinds ofinsurance policies, and each carrier puts its own nuances on each type of coverage.Moreover, coverage policies are constantly changing over time. Thus, exclusions andexceptions are an area in which many policyholders encounter rude surprises. It is

almost impossible to list every type of exception to your coverage.

The following examples represent only a small sample ofthe numerous types of exclusions:

Policies often will exclude earthquake and ood, particularly in your specic region (e.g.,California, Southeast United States, etc.). Natural disasters have to be addressed in aseparate policy.

General Liability will provide coverage for bodily injury and property damage, butdepending on the situation it likely will except criminal acts; intentional acts; possessionsin your care, custody, and control; and breach of contract, libel, and slander.

Property policies will provide coverage for personal property used for work-relatedpurposes that resides at your location, as well as other assets in your care, custody, andcontrol, but they will not always cover equipment if something breaks in transit, unlessthey are supplemented with an Inland Marine policy. Property may not fully cover itemswith a special signicance, such as a famous musicians instrument. Those should beaddressed with a Fine Arts policy.

Business Interruption will not cover losses if there is no direct physical damage to the

property at the location covered by the policy. The other most notable exclusion inBusiness Interruption insurance is that it does not cover losses attributed directly toearthquake and ood if these perils are not included in the same policy. It also will notreimburse for losses related to failure of public utilities or labor unrest (e.g., strike), butCivil Authority coverage is often available for situations where a governmental entity, forinstance, restricts access to your property or location.

Again, make sure you ask an agent to review exclusions to your policies in great detail.

Dont Be Penny Wise, Pound Foolish

In the end, it is imperative that your policies insure the full value of your business. Whatmay seem like a superuous expenditure in good times may end up being the differencebetween total ruin and surviving a potentially cataclysmic eventthat much is at stake.Make sure your agent knows everything your profession entails and is aware of all theitems in your possession and how they relate to your work. This enables your agent tohelp you properly insure all that is vital to your business. Moreover, this knowledge helpsyour agent get you and the carrier on the same page if/when a claim occurs. The rstquestion a claims rep will ask an underwriter when assessing a claim is: what was yourintent of coverage? A good agent will make sure you are not left high and dry whencatastrophe strikes.


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SPECIALISTS VS. GENERALISTS:DOES YOUR AGENT KNOW WHAT ACHAIN HOIST IS?

Generalist insurance companies and their agents arewhat you likely think of when the topic of insurancearises. Maybe you deal directly with the insurancecompany, or work with an agency that works withone or more large, well-known insurance companies.However, the Property, Auto, General Liability, andother similar policies they sell to basic home, auto,and business owners are much different in nature fromthe insurance products and risk management servicesdesigned for the entertainment technology workplace.

Insurance agents who specialize in entertainmenttechnology know in great depth the unique workcircumstances of the average rigger, stagehand,electrician, or audio engineer. More important, theyknow the intricacies that go into creating a safeworking environmentand the types of claims that arelikely to occur in an unsafe environmentand thus theyare in much better position than a generalist to helpyou mitigate your risk. Just as insuring an antique caris far different from insuring your Chevy, assessing theentertainment workplace requires signicantly morespecialized knowledge than it does to evaluate youraverage business.

In fact, many generalists would rather not take onthe risk that comes with this type of work, as they areused to less-risky volume business done in the generalmarket. With that said, if you have a satisfactoryworking relationship with a generalist insurer, you donot necessarily have to break ties. A good agent knowswhen he or she is over his or her head, and generalistscan always partner with a specialist wholesale broker tosupplement their offerings.

FINDING THE RIGHTAGENT FOR YOURBUSINESS QUESTIONS TO ASK YOUR

PROSPECTIVE AGENT

How many years experience do you have in theentertainment technology industry?

What types of operations and venues do you insure?

Do you have references?

Do you work with specialist insurance carriers?

SIGNS YOU HAVE FOUND THERIGHT AGENT

Agent asks detailed questions about your business.

Agent speaks your language and demonstrates anunderstanding of your industrys protocols and howbusiness is transacted.

Agent asks to see your employees certications andother credentials related to your activities.

Industry peers (business managers, fellow PLASAmembers, etc.) have heard of the carrier and have hadpositive experiences with it. The company also has lotsof positive testimonials from customers in your industry.

Policies sold by the agent are designed to address your

industrys unique insurance needs.

Agent acknowledges the parts of your existing policiesthat are comprehensive and fairly priced.

Agents or organizations Web site speaks specicallyto your industry, demonstrating a high level ofspecialization.


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Company Gets Burned Underinsuring Its StagesA live events company decided to take out a policy that covered only one of its three stages, thinking that it couldsave a little money on premiums because it only used one stage at a time. Of course, when a re broke out atthe companys headquarters and wiped out all three stages, the company was hit with expensive penalties forunderinsuring its property. Had it communicated its intentions to the underwriter when it set up the insurancepolicy, the business could have avoided extra penalties by declaring up front that it had three stages but was onlyinsuring one of them.

Agents In-Depth Knowledge Assists in Collecting Payment from

Dawdling CarrierA company that had paid for both a Property policy that included theft coverage and a separate Commercial Crimepolicy to protect against employee dishonesty saw some possessions go missing. Despite the companys covering itsbases through these complementary coverages, the carrier stalled in paying out what was obviously a legitimate claim.

Fortunately, this policyholders agent was experienced and familiar with the intricate details of each policy. With just aconversation or two, the agent was able to bring to the attention of the adjuster the appropriate sections of the policythat specied that the claim should be paid out in this instance. The insurance company sent the check the next day.

Thieves Foiled by Solid Agent AdviceAs the economy spiraled downward from late 2008 through 2010, an agent observed a rise in theft claims. Thisagent reacted by placing an extra emphasis on preventative measures. Namely, he began advising clients to installmore external lights and loud alarms, and to place valuables in multiple locked areas inside.

In one instance, he recommended that one client keep its entire inventory in a secure room that was fronted by aseries of locked doors and rooms. Soon thereafter, a burglar broke into the premisesbut came away with nothingbecause the valuables were not easily accessible.

Client Closes the Curtain on Inadequate Protection AgainstStrong WindsA stagehand working on an outdoor event was asked to hang a curtain that he suspected wouldnt be able to withstandstrong wind gusts. The client inquired about receiving protection through an indemnication clause in order to proceedwith hanging the substandard curtain. The agent ultimately convinced all parties not to hang the curtain under anycircumstances and to cease pursuit of policy amendments that might encourage anyone to do so.

Bottom line: Even taking into account clients eagerness to do things more cheaply, no one should risk theircompanys livelihood on risky installations or inadequate craftsmanship.

FROM INSURANCE INDUSTRY VETERANS

Agents with many years of experience serving theentertainment industry have many stories illustrating whatcan happen when you try to cut corners on your policyor safety measures in your operations. The following

anecdotes show how things can go wrong and where goodadvice can mitigate nancial and operational disaster.

W A RSTORIES


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UNDERSTANDINGTHE RENEWALPROCESSMost policies are sold in one-year terms, so renewal is generally going to be anannual process. It is important to take into account the following measures whenit is time to renew:

REASSESS YOUR BUSINESS

How have your business operations changed over the course of the past year? Are

you doing something differently now as compared to when you rst began thisterm? Have industry standards and/or regulations changed recently?

REEVALUATE CARRIERS

Has your carrier maintained a high level of service? Does it even serve your industryanymore? (Remember, oftentimes carriersparticularly generalist insurersndout that they are not equipped to assume the risk of adverse events associatedwith entertainment, and eventually end up not renewing coverage.) Has itdelivered a change of service notice? (Carriers are required by law to provide acertain amount of advance notice of changes in rates, coverage areas, and evencarrier companies and/or underwriting companies themselves. The amount ofnotice varies from state to state.)

START TWO MONTHS IN ADVANCE

Whether you are staying with your current carrier(s), or evaluating several newones, it is important to allow several weeks for the process to unfold. If you areshopping for a new agent, you will have time to ask industry contacts (businessmanagers, fellow PLASA Members, or other partners) for references or referrals.In the meantime, your current or prospective agent needs to get to know yourbusiness and collect updated information around payroll, sales, inventory, namesof the insured, building limits and specs, and existing coverage, among otheritems. This still leaves plenty of time to negotiate any sticking points. Be wary ofagents who routinely wait until the last minute to give quotes, especially after aprevious coverage term where there were no incidents or issues; often, this is aploy to leave the customer with little wiggle room to negotiate or shop around.Conversely, if you are seeking a change and want your agent to shop your existingpolicy around, give him or her as much lead time as possible to do so.

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RISK TRANSFER:INSURANCE ANDCONTRACTSCRITICAL ELEMENTS OF CONTRACTSThroughout any given year, entertainment businesses will take on many jobsand collaborate with a wide variety of companies, independent contractors,union laborers, and other workersoften on a temporary basis. With eachengagement, these organizations should take measures to limit their exposureas much as possible.

First, it is critical to have something in writing. Many times deals are done byhandshake, but when disaster strikes those handshakes turn into nger pointing.If no contract is in place, every stakeholder could potentially be embroiled ina legal mess regardless of fault. Although verbal agreements are a form ofcontract, everyones recollections will inevitably recall how they werent atfault. Contracts are particularly critical for public events. Many carriers will insistits no contract, no quote for folks who want to insure such events.

Second, the contract should outline the scope of duties and responsibilitiesfor each partypromoter, engineer, entertainment technician, equipment andlabor provider, venue, etc.in as much detail as possible. It should also spellout at least the following information:

What is to be insured

Types of policies employed to cover the assets deemed in need of coverage

Policy limits

Minimum nancial resources required to be carried by the underwritingcompany

A lot of this is achieved through indemnication clauses and hold-harmlesssections protecting each party from the negligence of others (see Liability ofDifferent Parties below).

If something does happen, there ideally will be little question as to who wasresponsible for what.

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LIABILITY OF DIFFERENT PARTIES

Whenever one acquires others serviceswhether it is employingsubcontractors or collaborating with another contractor as equalsthatparty is inherently exposed to risk. If another person on the job commitsan act of negligence (e.g., causes property damage or injury), chances area claim will be brought and litigation may follow, and the aggrieved party

is unlikely to limit his or her targets for legal action. Lawyers will come aftermultiple partiesincluding the employerand not just the individualperpetrator(s).

Even if you are innocent, you cannot necessarily rely on the judicialsystem to exonerate you. Moreover, even a court victory comes at aconsiderable legal cost. Two legal tools can help limit exposure prior toany job: 1) indemnication and 2) guarantees and warranties.

Indemnication

Generally speaking, this is the practice of gaining agreement that oneparty will bear the monetary costs for losses incurred (or caused) bya second party. For lighting, sound, staging, and rigging companies,the goal is to sign mutual indemnication agreementsclausesthat essentially guarantee a reciprocal relationship in which each partywill take nancial responsibility for claims arising from their respectiveoperations. Mutual indemnication should always be negotiated byyour lawyer. These agreements go beyond your insurance policies, andthus are not in your agents scope of duties.

In many cases, another section in the contract will specify each partysinsurance requirements. You should be wary of clauses that require yoursto be the primary insurance regardless of the circumstance, such as Forany reason, For any claim, For any cause, or Regardlessof negligence, but your attorney should detect these phrases andadvise you accordingly. Once an agreement has been reached, makesure you obtain copies of the other parties Certicates of Insurance (seedenition below) and the full description of their underlying policies,and have your legal team review them for exclusions that could be ofconcern. Your attorney(s) can address and renegotiate items that could

potentially result in higher liability.

Once you have conrmed that the other contractors or subcontractorsinsurance is acceptable, ask to be named on that policy as an additionalinsured! Conversely, the other party may reciprocate and ask you toname them on your policy. The value: if a forklift operator knocks over aluminaire and hurts someone in the process, the lighting technician orcompany named on the forklift operators policy will not have to pay thecosts of defending themselves in court; all of the legal responsibility willlikely be on the employer of the forklift driver.

Certicates ofInsurance

A Certicate of Insurance isa document that details the

specics of an insurance policy,such as its effective date, thetype of insurance coveragepurchased, and the dollaramount of applicable liability.A Certicate of Insurance allowsfor an educated guess as towhat might be covered. It is theunderlying policy that needs tobe reviewed to determine thetrue scope of coverage.

MutualIndemnication

Negotiate terms of anagreement with all partiesand jointly draft a contract

Make sure insurancerequirements of each partyare spelled out in the contract

Obtain copies of underlyinginsurance policies, and haveyour legal team address andrenegotiate exclusions thatare of concern

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Guarantees and Warranties

Due to their own liability concerns, manufacturers of turntables, treadmills,elevators, and other mechanical devices commonly used in stage acts oftenstamp their products with clear warning labels that detail the potentialhazards of their products. Always abide by user manual specications andtake all suggested precautions when using these products. And neverremove a warning label or guard that comes with a manufactured item.

Of course, in the entertainment industry, companies frequently workwith artists who require custom-built devices of all kinds for their acts. Bewarned: you may be liable for anything that goes wrong with an accessoryor prop you modied or something you built from scratch yourself. If youare installing a device or xture, make sure you include sufcient guards,warning labels, and clearly dened safe operating procedures. (This andother risk management practices are explored further in Section 2.)

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ENSURE THAT SUBCONTRACTORS HAVE THERIGHT LANGUAGE AND PROTECTIONS IN PLACE

Similarly, if you are employing a temporary employee, contractor,subcontractor, or vendor to create and install a similar mechanism,make sure your contract with that person requires compliance withall relevant regulatory requirements (e.g., Americans with DisabilitiesAct, building codes, etc.) and American National Standards Institute(ANSI) standards. If the person building steps on the side of the stageis only conforming to a drawing on a napkin, those stairs may not meetsafety codes.

DEALING WITH ONEROUS VENUE CONTRACTS

Unfortunately, many venues, particularly unique sites in a geographicarea (e.g., large arenas or stadiums) and public grounds, require you tosign inexible contracts with burdensome mandates, including clauses

that obligate stakeholders for any liability related to an accident at thevenue, regardless of fault. In such cases where you may not be ableto negotiate contractual changes, you can form an effective defenseby bringing physical and administrative deciencies to the attentionof personnel at the venue with overall responsibility for workplace andspectator safety prior to the event. These should be documented eitherin the form of an email or in written notes or a diary.

Physical DecienciesExamples include but are not limited to cracked curbs, blocked re

exits, malfunctioning emergency lighting, and anything else that mightimpede an evacuation.

Administrative DecienciesReview the venues emergency action plan. If its one-size-ts-all, it islikely substandard. A proper emergency plan will anticipate a widevariety of situations. If it only talks about evacuation, then the emergencystrategy will increase danger rather than mitigate it in the event ofan earthquake, tornado, or riot. In the case of the Indiana State Fairstage collapse in 2011, the Indiana State Fair Commissions emergencyplan did not address instances of severe weather, nor did it anticipatelarge crowds. If the plan had been reviewed by the Authority HavingJurisdiction (AHJ), that AHJ might have agged its shortcomings.

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Review the venuesemergency action plan.If its one-size-fits-all,it is likely substandard.A proper emergency planwill anticipate a widevariety of situations.


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A CREATIVEAPPROACHTO SAFETY:How Entertainment TechnologyProfessionals Manage and Avoid Risk

S E C T I O N 2

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RISK MANAGEMENT IS FUN . . . REALLY!Have Fun!Work TogetherEmpower Everyone

REDUCE YOUR RISK EVERYWHERE . . .BEFORE ANYTHING HAPPENSAt Your FacilityIn TransitOn-Site

GOING BEYOND THE REGULATIONSFollowing the RulesCreativelyMinimum vs. State-of-the-Art StandardsLink to Relevant Standards for the Entertainment Technology IndustryWar Stories from Entertainment Safety Experts

RISK ASSESSMENT AND PLANNINGPlan, Do, Check, Act: The Iterative Risk Assessment and Planning ProcessISO 31000:2009(E)Document and RefineYour Plan Does No Good on the Shelf

CERTIFICATION

PAYING THE PRICE WHEN THINGS GO WRONG

In This Section

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Creativity is the heart and soul of the entertainment business. Making surethe success of the show is unblemished by accidents, injury, and propertydamage also requires a creative approachespecially for entertainmenttechnology professionals whose typical workplace is a far cry from theaverage ofce, factory, or construction site.

For example, few ofce workers worry about avoiding a fall from the stage tothe orchestra pitbut this is a day in the life of an entertainment technicianand a commonplace safety scenario in the live entertainment business.Protecting rehearsing performers is usually as simple as building temporaryrailings or safety chains strung between upright pipes until they know theirblocking and the boundaries of the stagebut what about an awardsceremony where the winners have not yet stepped onto the open stagearea? One creative approach weve seen uses a gigantic oral garland todemarcate the edge of the stagethe owers are highly visible, but muchmore attractive than a guardrail.

As you apply your creative skills to the task of managing and avoiding risk,three simple but effective practices can help you work with others to ensurea safe workplace: fun, collaboration, and empowerment.

RISKMANAGEMENTIS FUN . . . REALLY!


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HAVE FUN!

Creative risk management means, rst and foremost, nding enjoyment in thetask. Ensuring workplace safety before, during, and after the show must be anengaging, enjoyable task for everyone involvedif risk management is fun, thenit is much more likely to get done. Yes, its also serious businessthe law saysyou must maintain a safe workplace, accidents and injuries are showstoppers,

and nobody wants the lawsuits that inevitably ensue when mishaps occurbutenthusiasm for safety is far more motivating and sustainable than fear.

WORK TOGETHER

Creative risk management also is not a solo activity for entertainment technologyprofessionalsit requires that you collaborate with event managers, producersand directors, the talent, and others involved in a production. In a professionwhere no two workplaces are exactly alikeand where the same venue canbe vastly different depending on the production and stagingit should be no

surprise that workplace safety requires all parties involved to put their headstogether, share their different perspectives, and bring fresh thinking to everysituation. You see things differently if you are a technician erecting or lighting astage, a promoter bringing in the audience, or a performer in the middle of theactionyet everyone should work together toward the common goal of ensuringthat the whole structure does not collapse!

EMPOWER EVERYONE

Finally, everyone on the job sitenot just technologists and managers, but also theperformers and producers, security personnel, risk management professionals,and any others who play a rolemust be empowered to be creative andproactive about safety. As noted above, every perspective matters, and differentpairs of eyes see things that others dont. Most important, no one on the jobsite should ever be afraid to speak up about a potential hazard because theshow must go on. Even if you are the subcontractor of a subcontractor, you areconsidered a responsible party and therefore are accountable if something goeswrong. So always speak up, even if safety coordinator is not in your formal jobdescriptionand make sure others feel comfortable doing so as well! Formallycommunicating your concerns to the responsible parties can signicantly reduceyour liability exposure. If one party is not committed to safety, ramicationsextend to everyone involvedincluding end customers or general citizens (andtheir families) in worst-case scenarios.


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REDUCE YOUR RISKEVERYWHERE . . .BEFORE ANYTHINGHAPPENS

AT YOUR FACILITY

You have the most control over the physical conditions, activities, and behaviors that occur in your own facility.Unsafe conditions need to be corrected, but most accidents are caused not by unsafe conditions, but ratherby unsafe actsincorrect behaviors such as failing to use safe lifting techniques, forgetting to wear steel-toedshoes or eye protection, or jumping off the back of a truck rather than riding the lift. Its very important to

implement explicit safety policies and procedures, to conduct formal periodic inspections of your facility, toidentify and correct unsafe conditions and behaviorsand to document everything you do that makes yourworkplace safer. (See Risk Assessment and Planning on page 36.) Its also helpful to organize your facility andto provide proper tools so that the safest action is the easiest one. Why climb a storage rack when a suitableladder is within easy reach?

As an entertainment technology professional, you dont have the luxury of working at a single job site with arelatively unchanging, highly predictable setting. Instead, you do your job at multiple locations, including at yourown facility or workspace, traveling to and from work sites, and at other locations aside from your primary place ofbusiness (and as noted above, no two venues are alike, and even the same venue can be congured very differentlywith every production). Effective risk management means identifying potentially unsafe conditions and procedureseverywhere you work, involving everyone with whom you work, and with the variety of equipment, vehicles, andmaterials involved in your profession. Specically, your risk management program needs to encompass workplacesafety at your facility, in transit, and on-site at the entertainment venue.

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IN TRANSIT

As a business, you frequently have valuable equipmentin transit between your facility and the venues whereyou work. Whether theyre carried by your own vehicle,or by a third party, you need to protect your valuabletools and products. And of course, safe practices arecrucial when loading, transporting, and unloading.

But what about when a contractor is transportingyour equipment? As emphasized in section 1, theimportance of risk transfer cannot be overstated when athird party is working for youincluding when handlingand transporting your equipment (see Risk Transfer:Insurance and Contracts in section 1). If you utilize anythird party or contractor for transportation services, geta Certicate of Insurance from themand when youget the certicate in hand, verify the expiration dateand make sure a knowledgeable person has evaluatedthe limits on that certicate. Whenever possible, youshould also make sure your company is named as anadditional insured on the third partys policy. In thisregard, a written contract with indemnication andhold-harmless wording in your favor is recommended.

When third parties are involved, you should alwayssupervise the loading, securing, and ofoading of yourequipment and goodsbut supervise only. Dont loadsomeone elses truckthat creates liability for you ifsomething goes wrong. Pay particular attention to howyour equipment and goods are securedagain, dontsecure the items yourself, but watch the process, informthe workers of any concerns you see, and make sureany problems are addressed to your satisfaction beforeyou release the vehicle for transport.

ON-SITE

Reducing risk on-site at the entertainment venuepresents daily challenges for entertainmenttechnology professionalsbecause generally youdo not have comprehensive control over the peoplehandling your equipment and other work materials,

and because there can be numerous parties involved,especially with larger events and venues. Often,you are relying on local union laborfor example,if youre supplying trusses, union workers might beresponsible for assembling them on-site.

You still have substantial power on-site to reduce therisk of accident, injury, or property damageand thushopefully avoid Workers Comp and other claims thatcan result when something goes wrong. Supervisionis criticalwhenever possible, you should have anon-site supervisor, and when you cannot directlysupervise, make sure that the correct procedures anddocumentation are in use on the job site. Its crucial toestablish the hierarchy of responsibility. The employeewith supervisory responsibilities needs to be someonewith the knowledge and authority to say, for instance,that forklift is not rated to lift that truss, or thisworker is using inadequate fall protection. Even ifyou lack direct authority over the on-site workers, youcan watch them, ask intelligent questions, and if needbe, document unsafe conditions and practices andnotify the on-site supervisor.

Its also crucial to make sure everyone on the jobsite is covered by Workers Comp and carriesthe appropriate certications for the job they areperforming. For instance, if a worker is rigging trussesor working at heights, he or she needs not only touse proper equipment and procedures, but also toprovide proof of his or her fall protection training.

One excellent practice for supervising union job sites isto request a minute or two to talk during the toolboxmeetings that most unions have at the beginning of eachworkday. The supervisor can remind the workers that theyare aware of and trained in safety procedures. Focused,practical, frequent risk management discussions of thissort can go a long way toward instilling a safety mindsetin everyone working on the job sitewhether or not theyare directly in your employ.

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Two problematic mindsets pervade theentertainment industry. Our business is a creative business and weve been doingthings this way foreverso we dont have to follow the rulesas long as we know what were doing.

All we need to do is follow the OSHA regulations so we canavoid nes.

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GOING BEYONDTHE REGULATIONS


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FOLLOWING THE RULESCREATIVELY

First of all, as emphasized at the beginning of section2, creativity does not conict with safetyits partand parcel of making entertainment workplacessafer, and not just because it makes risk managementfun, collaborative, and empowering. Creativity is

also essential because virtually every entertainment job site is different from every other oneso whatconstitutes safe practice and reduced risk at onevenue must be evaluated and often modiedwhenever you are working at a different venue.

MINIMUM VS. STATE-OF-THE-ARTSTANDARDS

The second mindsetall we need to do is follow theOSHA regulations so we can avoid nesis entirelyinsufcient for maintaining a safe workplace and canput your business at grave risk of costly litigationif something goes wrong. OSHAs mandatory standards are the minimum standards for theentertainment industry. The same applies if youare simply following the rules set by another AHJ(Authority Having Jurisdiction).

Therefore, you must make every attempt to incorporatethe latest, most state-of-the-art standards and best

practices that have been established in the entertainmentindustry. These can include:

Entertainment Technician Certication Program(ETCP) certications for riggers and electricians

American National Standards Institute (ANSI)consensus standards, specically those developedunder PLASAs Technical Standards Program for theentertainment industry

Widely utilized and/or well-documented industrybest practices for electrical work, rigging, stageconstruction, and other commonplace activities inthe entertainment industry

In fact, there is no established set of OSHA regulationsdesigned specically for the entertainment technologyindustry, but the agencys inspectors most denitely have jurisdiction over your job sites and can impose nes or

even shut down an event venue for noncompliance.OSHA regulations are written mainly for the mostcommon types of workplacesofce buildings, stores,manufacturing facilities, construction sitesbut theystill can and will be applied to an entertainment jobsite. For instance, an OSHA inspector can show upwhile a stage is being built and deem the venue to bea construction siteand then return during the showand say you are manufacturing an event.

Moreover, OSHA deals with employer-employeerelationships and specically mandates that every employermust maintain a safe workplaceperiod. OSHA regulationsrequire a general duty of care, but do not explicitly addressthe general public or volunteersboth of which arecommonly present at an entertainment venue. Again, thereare rules, but it requires creativity to apply them to yourparticular situation.

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If an accident or injuryoccurs and especially inthe case of insurance claimsand lawsuits your actions

and those of every other partyinvolved will be held to anyindustry standard (mandatoryor voluntary) that exceedsmandatory regulations.

LINK TO RELEVANT STANDARDS FOTHE ENTERTAINMENT TECHNOLOGINDUSTRY

ANSIhttp://tsp.plasa.org/tsp/documents/published_docs.php


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FROM ENTERTAINMENT SAFETY EXPERTS

Experienced safety inspectors, OSHA ofcials, agents, and insurance com-panies share frightening war stories and lessons learned the hard way inthe entertainment industry. Behind the headlines, underneath the ofcialstory or court verdict that assigns blame, whenever an incident such as theGreat White pyrotechnical disaster occurs, theres almost always an even

scarier story of unnecessary mistakes, inattention to safety, and often wildlyinsufcient risk management practices. Bluntly stated, taking the attitudeof we know what were doing and this is how weve always done it, or of-fering the defense of we were following OSHA regulations, can pave theroad to accidents, injury, and death, not to mention causing severe nancialdistress to you and your business. Fortunately, smart industry professionals(including many entertainers) are continually raising the bar for safety andrisk management.

Native American Entertainment

Venues Can Pose Risk ManagementChallenges

Many entertainment technology professionals nowtake on jobs at the growing number of hotels, casinos,and other entertainment venues located within NativeAmerican reservations. These venues are consideredto operate within sovereign nationsso tribalauthorities may not be subject to OSHA regulationsand can resist using or even acknowledging state-of-

the-art entertainment safety practices.

For example, until recently, the stage elevator at onetribal hotel casino in California lifted talent to the stagethrough an unprotected opening in the stage oor. Atribal dancer was caught in a pinch point between theelevator and the stage deckingand was paralyzedfor life. The dancers family was quietly compensatedby the tribal authorities, so the incident did not leadto claims or adverse publicity. However, this tragicincident is a stark reminder that entertainmenttechnology professionals should be especiallycareful when working at venues that fall outside the

jurisdiction of state and federal safety ofcialsandshould think twice before working with venues thatrefuse to implement state-of-the-art safety and riskmanagement practices.

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Unsafe Practices Cause Miami

Video Wall Collapse?

On March 14, 2013, portions of a giant video wall fellsome 30 feet to the stage during preparations for the15th annual Ultra Music Festival in Miami. Four workerswere injured, two critically, when a seven-foot-highsection of the wall extending three-quarters the lengthof the stage fell on them. Fire and emergency personnelwere close at hand and responded swiftly; after repairsand ofcial inspection, the show proceeded as planned.

Investigators have cited the failure to follow industry-standard safety practices as a likely contributing factor tothe accident and the severe injuries it caused.

W A RSTORIES


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Failure to Follow VoluntaryStandard Cited in Deadly IndianaState Fair Collapse

On August 13, 2011, stage trusses at the IndianaState Fair collapsed during high winds, killing sevenpeople and injuring more than 50 others. In-depthforensic investigations by two expert assessmentrms, Witt Associates and Thornton Tomasetti, as wellas the OSHA investigators report, all cited the failureto follow the ANSI E1.21 standardwhich, as notedearlier, is a voluntary entertainment industry standardthat goes beyond mandatory OSHA regulations.

In the aftermath of the incident and subsequenteight-month investigation, the Indiana State FairCommission publicly announced numerous changesin safety and risk management practices, including:

Implementing the Witt and Thornton Tomasetti reportrecommendations ranging from code compliance andinspections to comprehensive public safety plans inconjunction with community public safety partners.

Hiring a chief operations ofcer primarily responsiblefor the day-to-day implementation of the Witt andThornton Tomasetti recommendations, and forenhancing public safety.

Establishing a risk assessment practice andexpectations that will be set and monitored by thecommission.

Incorporating recommendations from the IndianaOSHA report to further the protection of employees.

Entertainers Insist on SafeConditions, Certified Workers

In March 2013, the famed Italian opera house La Scalawas forced to cancel the premier of A Dogs Heart ,a highly technical production utilizing a computer-controlled moving video wall. A series of technologybreakdowns and accidents convinced the rehearsingperformers that the staging was unsafe. A growingnumber of entertainersrecent examples include PatBenatar and Harry Connick, Jr.are refusing to goonstage if they consider the structure, equipment, orconditions to be unsafe.

Moreover, many entertainers, venues, and companiesin entertainment are now refusing to work with workerswho lack ETCP certication. (For more on ETCP,Certication on page 39.)

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PlanStart by physically walking through the venue and thoroughly inspectingand evaluating the conditions and behaviors in the facilitynot just thestage or trusses, not just the technicians, but look in every nook andcranny and observe the work of everyone. Take detailed notes (and ideally,take video and photographs) of every potential risk, safety challenge, ordeciencyboth physical conditions as well as the actions of everyone

present in the workplace (whether workers or not).

Develop a complete list of the risks youve spotted. For each, identify thepeople and property that are at risk. Then evaluate and rank the risks on yourlistusing, say, a 1-to-5 scalefocusing on the probability of somethinghappening and the severity and consequences if it does happen. This willensure that you rst focus on the risks that matter most. Then establisha safety goal for each identied risk, determine the necessary steps andcontrols for correcting or mitigating each risk, and decide what criteria youwill use to evaluate your success in achieving your safety goals.

DoImplement your improvements and put in place the controls you believeare needed to ensure that they remain in place. For instance, if workersinconsistently use protective gear and youve set the goal of 100 percentworker compliance for the use of eye and ear protection, your improvementcould be reminding workers at the beginning of each day to put onyour eyes and ears, enforced by random spot checks, and reinforced byrewarding workers as a group for full cooperation with the policy. Thenassign responsibility: who is ultimately in charge of making sure controlsare actually kept in place and how will they do this?

CheckEvaluate the completeness and effectiveness of your safety improvement.What is the risk level now with controls in place? Is the individual in chargeactually following through and ensuring that these checks and balances areexecuted properly? Collect data, study the results, and compare againstyour goals. If its working, great. If theres still room for improvement,evaluate whats gone wrong or right and how to improve further. Look forany gaps in your plan. Create simple charts if helpful to you and track yourprogress and trends over time.

ActUse the data and insights gleaned from the Check step to evaluate andrene your risk plan, and then implement new or improved controls.Evaluation and improvement are essential, of course, if somethinggoes wrong. (Sometimes, controls dont work; other times, a supposedimprovement turns out to create additional problems and you need toreturn to the drawing board.) Analyze the root cause of every undesiredoutcome. Then determine corrective actions that address the differencesbetween your goals and actual results.

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One veryimportant point:If the above seemsarduous, it doesntneed to be. Itsfine to start witha small set of themost crucial safety

improvementsand a verybasic plan ofrisk reductionactivitiesthenbuild on thissuccess withsubsequentiterations of thefour-step process.


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Most important, you should document every instance whereyour safety assessment and plan is based upon or incorporatesrelevant aspects of voluntary standards and best practices aswell as any mandatory requirements from OSHA.

ISO 31000:2009(E)

As discussed earlier in this section, in addition to federal and state OSHA regulations, there is a growing body ofvoluntary safety and risk management standards that apply to entertainment workplaces. An in-depth explanationof ETCP, ANSI, ISO, and other standards, certications, or established best practices falls outside the scope of thishandbook (although you can access key ANSI standards from the Link to Relevant Standards for EntertainmentTechnology Industry on page 33)but entertainment technology professionals should make it their business to

understand these standards, and utilize them when and wherever applicable. Standards express the consensus ofthe industry on the minimum that must be done to create something or act in a manner that is safe; even thoughthese standards may be voluntary, you would be foolish to do less than they require, and negligent to ignorethem altogether.

DOCUMENT AND REFINEYOUR PLAN DOES NO GOOD ON THE SHELF

Throughout this guidebook, we emphasize the importance of documentation. It is indeed very important thatyour risk assessment and risk management plans are in fact documents (which can be supported by videos and

photos, wherever possible). But they dont have to be the master works of a risk consultantwhat matters mostis that they are living documents that actually guide your safety program on a daily basis and are updated toreect the latest conditions and activities in your workplace.

Think of it this way: Every day you do many activities that result in a safer workplace. But are you giving yourself creditfor this? You do so when you explicitly document these activitiessafe practices, corrective measures for identiedrisks, training in proper procedures, etc.and their completion by employees. From there, continually reassess andupdate your risk management program. And if something goes wrong, this documentation will serve as proof of yourdiligent efforts to reduce or mitigate risk and maintain a safe workplace.

One word of warning: Do not use a one-size-ts-all safety and risk management plan that has not been customized toyour job site or venue. If the plan identies safety and risk management protocols that are not actually in place at yourvenueand something goes wrongyou could be implicated for failing to follow your safety plan, even if, in actuality,you were working in a safe manner. Your safety plan should be a living and real documentone that is frequentlyevaluated and updated to always reect what you are actually doing to manage and mitigate risk.


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CERTIFICATION

ETCP is administered by PLASA, and organizationsthat maintain seats on the ETCP Council include:

ACTSAFEAlliance of Motion Picture and Television Producers (AMPTP)Canadian Institute for Theatre Technology (CITT)InfoComm InternationalInternational Alliance of Theatrical Stage Employees (IATSE)International Association of Venue Managers (IAVM)The League of American Theatres and ProducersThemed Entertainment Association (TEA)United States Institute for Theatre Technology (USITT)

The ETCP Certication Council membershipalso includes the following entertainmentbusiness leaders:

Broadway Across AmericaCirque du SoleilDisney Theatrical ProductionsLive NationNBC UniversalProduction Resource Group

For more information about ETCP Certication onpage 39, visit http://etcp.plasa.org.

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Certification and the ability to

document that youare following the bestpractices establishedby the certificationprogramcan alsoreduce your liabilityin the aftermathof an incident bydemonstrating yourcommitment to safety.

ETCP Certication from PLASA provides one of the most effective ways of ensuring that safety is part and parcelof your employees daily work life. It also is becoming a job requirement. More and more entertainers and venuesrequire entertainment technicians to provide proof of their professional certication before they are allowed to workon an assignment. Certicationand the ability to document that you are following the best practices establishedby the certication programcan also reduce your liability in the aftermath of an incident by demonstratingyour commitment to safety. Certication of existing employees provides an ideal way to ensure a consistentunderstanding and approach as your rm takes its safety and risk management program to the next level.

Entertainment Technician Certication ProgramThe Entertainment Technician Certication Program (ETCP) is an industry-wide programcreated byan unprecedented group of industry organizations, businesses, and individualsthat provides rigorousassessments for professional technicians. ETCP focuses on disciplines that directly affect the health andsafety of crews, performers, and audiences. You may become certied through ETCP in the following areas:Rigger Arena, Rigger Theatre, Entertainment Electrician. Personnel certication is the voluntary process by whicha nongovernmental organization grants recognition to an individual who has demonstrated certain abilities, skills, andknowledge. ETCP encompasses the creation of exams based upon identied bodies of knowledge, the conducting ofthose examinations, the awarding of certications, and recertifying individuals.


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There are many reasons why things can gowrong, especially in complex entertainment andlive event settings. Following is just a samplingof entertainment production issues that haveled to large nancial losses, large insuranceclaims, or both, as well as some clear no-nosthat should never happen in an entertainmentvenue. These all-too-familiar challenges starklyillustrate why smart entertainment technologypros are always on the lookout for riskand forways to reduce it.

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PAYING THE PRICEWHEN THINGS GOWRONG


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Using Cranes:Not securing the ooring where the crane has been erected or will be used;using the crane in close proximity to electrical wires; overweighting the crane; notkeeping cast, crew, or audience members far enough away to avoid collisions.

Staging and Trusses:Trusses unable to bear weight of hanging video monitors/walls; outdoor trusses/

staging unable to withstand high winds or other inclement weather; insufcientstage capacity for the type of performance, number of performers, and/or weightof special equipment used.

Pyrotechnics, Welding, and Special Effects:Smoldering embers have caused large stage and location res; liveammunition should never be brought to a lm set or used on stage;pyrotechnic and special effects personnel should not be paid as employees,unless pyrotechnics or special effects is your business; any company hired toperform such duties should maintain its own General Liability and WorkersComp insurance.

Properly Securing the Location:Electrical wiring, tying electricity into a location, properly grounding, coveringcables to prevent tripping; keeping the public at safe distances; limitingvisitors to the set/stage area.

Crime and Fraud: :Theft of money or assets by employee; embezzlement; computer fraud (i.e.,hacking, phishing, password theft, etc.); wire transfer fraud; counterfeiting.

Intellectual Property Right Violations:Use of photographs and paintings whether from cleared sections of prophouses or not; music has resulted in some of the largest copyright violationclaims in the entertainment business; talent releases from minors; unsolicitedmaterials; beware of locations and venues that have their own release.

Vehicles Driven by Nonqualied Drivers:Unweighted trailer attached to a truck; tractor-trailer used on a mountainroad without downshifting; tying down loads so the weight does not shift;drivers using personal vehicles on company time.

Mechanical Breakdown of Vehicle(s), Essential Props, and/orNonperformance of Animals: Mechanical breakdown of vehicle(s) can disrupt a live performance or causethe loss of an entire shoot day; mechanical breakdown of an animatronic, aspecial scenic device, or an effect can result in a long lm/video productiondelay or cancellation of performances; nonperformance of animals, likewise,inhibits production.

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WHAT TO DOWHEN BAD THINGSHAPPEN TO GOODENTERTAINMENTTECHNOLOGYPROFESSIONALSIt is impossible for any individual to completelymitigate the possibility of a crisis situation. Thissection walks you through the basics of what to dowhen disaster strikes.

S E C T I O N 3

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BEING PREPARED: WHAT MUST BE IN PLACE,JUST IN CASEUpdating Equipment/Asset/Inventory ListsHow ETCP Certification Reduces Riskand Lowers Your LiabilityDisaster Preparation Measures

Chain of Command

OUTDOOR EVENTS AND WEATHER

WHAT TO DO WHEN AN INCIDENT OCCURSWhat Do You Do First?What to Do NextWhat Not to DoDocumentation and Formal Accident InvestigationPertinent Information to CollectCoping with the AftermathWhat Can Help Prepare for and/or Prevent Lawsuits?

THE INSURANCE CLAIMS PROCESSUnderstanding the Claims Process

In This Section

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This may sound likeoverkill, but by trackingthe life of your possessionsso thoroughly, you will beable to demonstrate thatyour asset was in goodcondition immediatelybefore a calamity occurred.


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BEING PREPARED: WHAT MUST BE IN PLACE,JUST IN CASE

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UPDATING EQUIPMENT/ASSET/INVENTORY LISTS

In all likelihood, you will be adding new equipment and sayinggoodbye to assets that have outlasted their usefulness longafter you sign or renew your insurance policies. It is criticalto frequently update the list of possessions covered by yourinsurance. At a minimum, you should do this once a year, butit is recommended that you register new gear, automobiles,workers, properties, and other work-related resources with your

carrier as soon as you acquire themand, of course, that you keep your receipts! In other words, if you have not huddledwith your agent about what specically is covered by your policyin recent months, you could be underinsured.

After you update your list, make sure you document thecondition of these items. One way is to take a video of yourproperties, automobiles, and belongings. If you do this, it isrecommended that you open every drawer, closet door, andshelf when you record. A better method is to barcode each

piece, record where it was manufactured, and keep a log ofevery project on which you use it. This may sound like overkill,but by tracking the life of your possessions so thoroughly,you will be able to demonstrate that your asset was in goodcondition immediately before a calamity occurred. Suchdocumentation can help to mitigate your liability. If you do nothave the means to do this, at the very least record the serialnumber, manufacturer, and name of the piece of equipment,so you can account for everything covered under the policy.

Ways to Track Your Assets

Video all items open doors,drawers, and shelves

Barcode assets and keep alog of every project for whichit is used

Record serial number andmanufacturer of every pieceof equipment, and keepreceipts


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HOW ETCP CERTIFICATION REDUCES RISKAND LOWERS YOUR LIABILITY

Insurance adjusters and risk management personnel can oftendetermine the root cause of an accident, as well as the liable parties,quickly and methodically. With a series of questions, and throughpostaccident examination and reconstruction, investigators can often

decipher who exceeded industry standards and who cut corners. Thus,if you used ETCP-certied technicians or followed ANSI standards,chances are you held up your end of the bargain and may not be heldresponsible for damages.

With that said, if you are ETCP certied, it is critical that you adhereto best practices on every single project. From time to time, artists,promoters, and other stakeholders will pressure professionals tolower their standards for a variety of reasons. In the end, your liabilityis tied to your behavior, so it is important that you hold the line on the

highest safety benchmarks. Or else you could, and likely will, be foundat fault for substandard craftsmanship, regardless of whose idea it wasto fall short of best practices.

Contrary to what some might think, certication does not increaseliability. In fact, using certied professionals shows due diligence onyour part in hiring qualied people who promote safety and are lesslikely to make costly mistakes.


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DISASTER PREPARATIONMEASURES

Every venue should have an emergency handbookwith guidelines that anticipate a wide variety ofpotential crisis scenarios. Employees should beperiodically tested on its content, and refresher

courses are recommended before each majorinitiative. Each individual on the job site should makebasic safety observations (e.g., are exits accessible?Can you evacuate the venue?), regardless of whetherit is in his or her day-to-day job description.

CHAIN OF COMMAND

This is one of the most important elements to establishprior to any event, from both a safety and a claims

standpoint.

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OUTDOOREVENTSANDWEATHERInclement weather can always rain on a parade, so

to speak, especially in the summer when outdoorevents take place around the world. For somelocales, it is commonly known when they are at riskof adverse weather (e.g., tornadoes in the Midwest,hurricanes in the Southeast). Nevertheless, a weatherservice should be contracted for every event, andupdates must be disseminated in a timely fashion toeveryone with a role in putting it on. Once a severeweather warning is issued, those high up in the chainof command may need to cancel or postpone the

event and must be prepared to evacuate the venueif there is any doubt about worker or attendee safety.

In the case of the 2011 Indiana State Fair, a weatherservice that was contracted indeed issued such athunderstorm warning the evening of the show, butaccording to various accounts the full extent of theupdates was not communicated in a timely mannerto the proper individuals. (Also see War Storiesfrom section 2.)

It should be very clear whohas the authority to makeultimate decisions, mostnotably canceling an event.

Likewise, the reportingstructure should spell outclearly who reports to whomand account for every person.

Once an incident takes place, a claims person isgoing to inspect very closely whether the correctorders were issued by the appropriate people and

followed by personnel throughout the chain. It helpsthe situation immensely when all parties are clear onto whom to report an incident. Equally important,those charged with overarching authoritywhetherit be a crew supervisor, HR rep, risk manager, orother partymust know whom to call for medicalassistance (specialists, health care providers, etc.)and how to ask the right questions to get to thebottom of an incident.


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WHAT TO DO WHENAN INCIDENT OCCURSWHAT DO YOU DO FIRST?

First and foremost, if it is an emergency and/or a life-threatening situation, call 9-1-1. Follow the directionsof the 9-1-1 operator (or the on-site emergency medicalpersonnel, if available) on how to handle the injuredparties. If the individual refuses treatment, get someform of written documentation if possible, perhaps inthe form of an incident report lled out by the EMTstaffer or other party.

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WHAT TO DO NEXT

Once immediate emergency and safety measures havebeen addressed, it is crucial to contact your agent orcarrier as soon as possible, so that he or she can startprocessing the claim and get a claims adjuster to thescene. The insurance company will need all of the relevantinformation you can accurately provide (see PertinentInformation to Collect on page 52).

If you happen to carry complementary policies (e.g.,Property and Inland Marine, Workers Comp and GeneralLiability, etc.), it is recommended that you report anincident under each policy. Typically, there is no penaltyfor reporting; your rate is only affected if a payment ismade on a reported claim.

When the claims adjuster eventually begins theinvestigation, that person is going to want to see thescene in the condition it was in when the loss occurred,or as close to it as possible. Take pictures with your smartphone or camera if you are in a position to do so. Themore accurately the scene of the incident can be capturedor preserved for the claims professional, the better.

Of course, entertainment technology companies aregoing to be concerned about getting employees backto work, particularly if another event is scheduled in thesame location soon after an incident. You certainly havethe right to move forward as quickly as your businessdemands in cases that occur on your property. However,

shortchanging an investigation now can cost you later.If an investigator identies another party as liable, thatlittle extra time allocated toward a proper analysis mightsave you money in the long run. You can always relayyour concerns to the adjusters so they can get you upand running as quickly as possible. Nevertheless, thefaster you notify the insurance company and the moreyou cooperate with its examination of the scene, thequicker it can get you back to work without jeopardizingthe potential payout of the claim.

After 9-1-1 and Nonemergency SituationsOther phone calls may be necessary depending onthe situation after you have dialed 9-1-1 or simply innoninjury situations. For example, if there is a crime inprogress, the police must be contacted immediately.After that, the immediate responsibility is to takecommonsense measures to mitigate further damageto people, property, and possessions, in that order.But be sure not to put yourself or someone elses life atrisk just to protect assets. To the extent you have water

damage, say from a pipe leaking, you need to contacta plumber to make repairs or a restoration company ifthe damage escalates beyond the scope of a plumber. You may also be able to call your insurance company,as it may have a recommendation for a vendor.

Case in point: After a weather service issued a severeconditions warning, workers began disassembling astructure that was erected for the event. With the stormfast approaching, the group abandoned the edice totake cover. This led to a much better outcome thanwhat could have been, given the circumstances. Mostimportant, no one was hurt. In addition, the impacton future premiums for the insured was minimizedbecause payouts were limited; the insurance carrierpaid out Property and Automobile claims to coverthe structure and the car it hit when it collapsed, butit did not have to pay Workers Comp and GeneralLiability claims on top of it thanks to the quick thinkingof everybody involved.


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What to Do

Call 9-1-1 in the event of an emergency

Call other authorities and service pro-viders as necessary (police, restorationcompanies, etc.)

Call your agent to begin the claimsprocess

To the extent possible, keep the sceneas close to the condition it was in at thetime of the incident

Be responsive and truthful throughoutthe process

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WHAT NOT TO DO

One consequence of retaining the original settingis that you may have to ght natural inclinations toclean up the area. Do not throw anything related tothe incident away, even if it is otherwise trash to you(e.g., shaved wood, broken equipment, etc.). Whileit is certainly possible to reconstruct the scene afterdiscarding portions in the immediate aftermath, it isharder and costlier to do so. Also, you might want tore up a machine or use a piece of equipment that

was involved in an accident. You should get clearancefrom the adjuster prior to doing so. Discard or usesomething that was part of the episode before theexamination of the scene is nished and you couldpotentially affect the accuracy of the claim (and, inturn, the payout).

Once you have notied your insurance company of anincident, relate only pure facts to police ofcers andothers at the scene. You should not get into subjective

details until you have consulted with the claims personafter the incident has occurred. Statements such asWeve been meaning to x that or Thats the thirdperson to slip today can have negative ramicationsas the claims process unfolds.

Even without ill intentions, you can create the impressionof culpability if you do not cooperate with an investigation.Obviously, facts will dictate how the claim is paid, but itis important to always make the time to share pertinent

knowledge and assist with the process. At the very least,let the investigator know where you will be and where youcan be reached. The insured needs to act as a partnerwith his or her agent. All parties concerned may take noteof people with reputations for being uncooperative.

What Not to Do

Do not throw away materials that arepart of the scene

Do not make admissions or providewritten statements before claimsperson arrives

Do not leave town without notifyingclaims person and supplying contactinformation


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DOCUMENTATION AND FORMAL ACCIDENT INVESTIGATION

During the formal investigation, you will need to ll out a claims form and possibly a separate accident investigationform. Depending on the policy, additional forms and reports may be involved. Filing a police report within a certainnumber of days could help an Auto claim. General Liability and Workers Comp claims are mandated by law to bereported in a specied timeframe. Although the amount of time varies by state, every jurisdiction requires some typeof form. Complete them or call them in to your insurance company after 9-1-1 has been contacted.

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Alabamahttp://dir.alabama.gov

Alaskahttp://www.labor.alaska.gov/wc

Arizonahttp://www.ica.state.az.us

Arkansashttp://www.awcc.state.ar.us

Californiahttp://www.dir.ca.gov/dwc

Coloradohttp://www.colorado.gov

Connecticuthttp://wcc.state.ct.us

Delawarehttp://www.delawareworks.com

DChttp://www.does.dc.gov/does

Floridahttp://www.myoridacfo.com/wc

Georgiahttp://sbwc.georgia.gov/portal

Hawaiihttp://hawaii.gov/labor/rs

Idahohttp://www.iic.idaho.gov

Illinoishttp://www.iwcc.il.gov

Indianahttp://www.in.gov/wcb

Iowahttp://www.iowaworkforce.org

Kansashttp://www.dol.ks.gov/wc/about.html

Kentuckyhttp://www.labor.ky.gov

Louisianahttp://www.laworks.net

Mainehttp://www.maine.gov/wcb

Marylandhttp://www.wcc.state.md.us

Massachusettshttp://www.state.ma.us/wcac

Michiganhttp://www.michigan.gov/wca

Minnesotahttp://www.doli.state.mn.us

Mississippihttp://www.mwcc.state.ms.us

Missourihttp://labor.mo.gov

Montanahttp://erd.dli.mt.gov

Nebraskahttp://www.wcc.ne.gov

Nevadahttp://dirweb.state.nv.us/WCS/wcs.htm

New Hampshirehttp://www.labor.state.nh.us

New Jerseyhttp://lwd.state.nj.us/labor/wc/wc_index.html

New Mexicohttp://www.workerscomp.state.nm.us

New Yorkwww.wcb.state.ny.us

North Carolinahttp://www.ic.nc.gov/forms.html

North Dakotahttp://www.workforcesafety.com

Ohiohttp://www.ohiobwc.com

Oklahomahttp://www.owcc.state.ok.us

Oregonhttp://www.cbs.state.or.us/wcd

Pennsylvaniahttp://www.portal.state.pa.us

Rhode Islandhttp://www.dlt.ri.gov/wc

South Carolinahttp://www.wcc.sc.gov/Pages/default.aspx

South Dakotahttp://dlr.sd.gov/workerscomp

Tennesseehttp://www.tn.gov/labor-wfd

Texashttp://www.tdi.state.tx.us/forms

Utahhttp://www.laborcommission.utah.gov

Vermonthttp://www.labor.vermont.gov

Virginiahttp://www.vwc.state.va.us/portal

Washingtonhttp://www.lni.wa.gov

West Virginiahttp://www.wvinsurance.gov

Wisconsinhttp://dwd.wisconsin.gov/wc

Wyominghttp://doe.wyo


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Of course, lling out claims and accident forms doesnot constitute a full investigation! It is best to clearlydocument the critical details of the incidentwhosaw it, what happened, attempts to prevent theoccurrence, the date corrective action was taken, etc.(see Pertinent Information to Collect on next page).The latter is particularly important because it can bealleged weeks or months after the event in questionthat no action was taken.

He or she will look for evidence that the incident couldhave been prevented, which is why it is critical to acton any observation you might have related to safety,regardless of how trivial it may seem at the time. Ifan investigator discovers that there were multiplereports of people slipping and falling on a wet spotor of a rowdy group of fans causing trouble, a pricewill be paid for negligence if such reports are ignoredor not taken seriously.

Documenting Workers Comp claims is much morestraightforward if the claim is made on the scene.However, injuries are commonly reported days afterthe alleged incidents. If a worker reports an injury thenext morning, an employer needs to nd out when painbegan to occur, what caused it, what the person didimmediately before going home, and how they initiallytreated the ailment. Make a record of the details of thisconversation on notepaper or in an email!

For larger events, such as Bonnaroo or Coachella,a claims representative might be placed on-site tomonitor events as they unfold, leaving signicantly lessguesswork in getting to the bottom of claims. Thus,if someone alleges negligence against a venue aftera slip-and-fall incident, this on-s

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