ons for Health Risks Policy Date October 2012
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1 INDEPENDENT COMMISSIONING Corporate Policy (Health & Safety) 1
2 DOCUMENT CONTROL REVISION HISTORY Issue Issue 1.0 Issue 1.2 R2012 Date Changes Feb 2005 Periodic review Aug 2009 Updated May 2012 Review and re-format Author Dominic Wigley Mikee Hand-Bowman Stewart Lewis THIS DOCUMENT IS INCLUDED IN THEE STRATEGIC POLICY REVIEW PROCESS 2
3 CONTENTS PAGE 1. PURPOSE 2. DEFINITIONS 3. SCOPE / APPLICATION 4. POLICY STATEMENT 5. ORGANISATION AND RESPONSIBILITIES 5.1 SKY 5.2 INDEPENDENT PRODUCTION COMPANIES 6. PROCEDURE 6.1 QUALIFICATION (FOR CURRENT ORR NEW INDIES) 6.2 PROGRAMME TREATMENT 6.3 PROGRAMME COMMISSION 6.4 PRE-PRODUCTION MEETING 6.5 RISK ASSESSMENT 6.6 PERFORMANCE MONITORING / REVIEW 7. APPLICABLE LEGISLATION OR OTHER SOURCESS OF INFORMATION APPENDIX 1 - HEALTH AND SAFETY QUESTIONNAIRE FOR INDEPENDENT PRODUCTION COMPANIES
4 1. PURPOSE Sky commissions independent productionn companies to provide content for a numbers of its channels. The purpose of this Policy is to ensure that proper standards of health and safety are achieved in all production work commission ned by Sky. This Policy establishes the process, criteria and arrangements through which Sky will manage and control its independent productions.. Furthermore, this Policy is intended to ensure that independent production companies and their sub-contractors / freelance personnel, are made aware of, and are in compliance with, all relevant health and safety requirements while working on behalf of Sky. 2. DEFINITIONS Independent Productions An Independent Production is a programme, series of programmes or part of a programme commissionedd by Sky from a Producer or Production Company operating as a separate business. Sky retains final editorial control over the production, but managerial control rests with the Production Company or Producer. 3. SCOPE / APPLICATION This Policy is applicable to all independentt productions commissioned by channels / strands. Sky for any of its 4. POLICY STATEMENT All reasonable steps must be taken to ensure the safety, health and welfare of those who could be affected by an independent production commissionedd by Sky. In summary, this t will be achieved by: 5. ORGANISATION AND RESPONSIBILITIESS All reasonable steps must be taken to ensure the safety, health and welfare of those who could be affected by an independent production commissioned by Sky. In summary, this will be achieved by: 5.1 SKY Sky Commissioning Managers and Producers are responsible for: Confirming the health and safety competence / performance off those wishing to produce an independent production before placing the t commission. Health and safety performanc ce standards of independent productions being monitored for compliance against this Policy by way of safety inspections, audits and reviews. In addition and where relevant, significant accidents, dangerous occurrences and near-misses will be thoroughly investigatedd to ensure that effective measures are taken by all appropriate parties to prevent recurrence. 4
5 Keeping this Policy up-to-date through a process off formal review on an annual basis and / or when any specificc relevant changes in legislation occur. 5.2 THE INDEPENDENT PRODUCTION COMPANY Managers / Producers of independent production companies are responsible for: Observing and complying with all applicable health, safety, welfare and fire legislation, including all associated regulations and approved codes of practice, as they affect the production. This is equally applicable for workk abroad as it is in the UK. Identifying and adopting, wheree reasonably practicable to do so, best practice as it relates to planned work activities. Where a lower standard exists abroad, where reasonably practicable,, the independent production p company should apply UK best practice. Appointing a competent person to assist the Producer P inn assessing and controlling the risks on a production. Undertaking a suitable a sufficient risk assessment for f the production in a timely manner that allows for f the effective control of all risks identified. All appropriate control measures must therefore be implementedd and the documented risk assessment periodically reviewed to ensure its accuracy as production risks change. Notifying Sky in a timely manner of any significant accidents, a incidents or near- of this Policy. misses occurring on a production. Affording Sky all necessary co-operation and assistance in thee implementation Understanding and complying with all relevant requirements stipulated Agreement, Contractt or Production documentation supplied s by y Sky. in any 6. PROCEDURE 6.1 QUALIFICATION (FOR CURRENT OR NEW INDIES) Before a programme can be commissioned, each independent production company must complete Sky s Health and Safety Questionnaire (see appendix 1). The process is designed to allow Sky to vet companies so that only safety competent ones are selected for use. Each independentt production companyy will only bee vetted once in a given cycle (typically every 3 years) ), and not prior to each and every commissioned programme. The questionnaire will be sent to them by their Sky production contact and must be completed and returned to thiss person in a timelyy manner. Completing this questionnairee and successfully passing the assessment is necessary before a programme is commissioned by Sky. All returned forms will w be vetted by Sky s Health 5
6 and Safety departmentt and the notified of the outcome. independent production company will be duly 6.2 PROGRAMME TREATMENT If programme development time allows, key health and safety issuess associated with the planned production should be acknowledged within the Treatment by the independent production company. Accordingly, a brief synopsis outlining the likely control measures m for the major risks should also be included. Referencee should also be made at this stage to specific health and safety programme needs, such as (not exhaustive): Sources of competent health and safety advice for the production. Specialist safety equipment t or protective clothingg needs. Health and safety budget allocations. Where appropriate, the above requirements should be discussed and verified with the independent production company s Sky production contact (e.g. the Production Executive). In each case the level of detail that must be provided should be commensurate to the risks involved. 6.3 PROGRAMME COMMISSION Only once the key health and safety risks and intended broad preparations associated with the planned production have been satisfactorily explained by the independent production company, will the programme bee commissioned. Sky Contracts / Production Agreements will be issued containing specific health and safety clauses which must be understoodd and attained by the independent production company. For Sky One, the independent production company will also be supplied with a Sky Production Pack which will have additional health and safety requirements and procedures for implementation. 6.4 PRE-PRODUCTION MEETING During the Pre-Production meeting held between the independent production company and Sky, appropriate discussions and agreement must bee had on matters relating to health and safety management during the production. This will typically take the form of confirming and verifying those matters that should have been identified and describedd at the Programme Treatment stage (see above). 6.5 RISK ASSESSMENT All independent production companies must complete a suitable and sufficient risk assessment for their commissionedd production in a timely manner prior to the start of filming. The independent production company must ensuree that such risk assessments (and all equired control measures) are fully implemented before / during production. 6
7 The independent production company shall be responsible as an employer for complying with all health and safety legislation and Codes C of Practice including without limitation the need to appoint a competent person to assist the Producer in assessing the risks on production. The competent person must record in writing the significant findings identified in the risk assessment( (s) as arising out off or in connection with the production and convey the preventativee and protective measures to all personnel and any third parties whoo may be affected by the production work. The independent production company must ensure thatt their personnel are suitably trained and competent prior to the conducting of any work w activities. Independent production company personnel must receivee adequatee instruction with regard to health, safety and security and have the necessary equipment and protective clothing to carry out the work safely. The independent production company must also ensure that all companies that they contract for specialist services/works as part of their commissionedd production must supply to them a suitable and sufficient risk assessment for such works. 6.6 PERFORMANCE MONITORING / REVIEW The independent production company must notify Skyy in a timely manner of any significant accidents, incidents or near-misses occurring on a production. Further, civil claims for damages / injuries emanating from a Sky commissionc ned production, or enforcement action from the Health and Safety Executive (or Local Authority / Fire Authority) must also be notified to Sky in a timely manner. Periodically during the conducting of the production, andd on its completion, Sky shall monitor and review the health andd safety standards achieved by the independent production company. Once a year, every regularly commissioned independent productionn company will be requested by their Sky production contact to complete a self-declaration form. This form will indicate if any major changes to the details supplied s in the qualification questionnairee have occurred duringg the intervening period (e.g. insurance provisions and claims, significant accident / incident details, HSE enforcement action etc.) ). Every 3 years, Sky will formally re-vet each regularly commissionc ned independent production company. These arrangements will replicatee the Qualification process outlined above. Additional health and safety auditss shall also take place by Sky which may also result in recommendati improvement, or other actions. Independent production companies shall afford Sky all reasonable assistance in the performing off these audits. 7
8 7. APPLICABLE LEGISLATION OR OTHER SOURCES OF INFORMATION LEGISLATION The Health & Safety at Work etc. Act The Management of Health and Safety at Work Regulations 1999 The Working Time Regulations 1998 incorporating the Working Time (Amendment) Regulations 2002 The Children and Young Persons Acts 1933, 1963, 2008 The Children (Performances) Regulations 1968 The Children. (Performance)) Amendment Regulations 2000 The Children (Protection At Work) Regulations 1998 SOURCESS OF INFORMATION Intranet site HSE Website NOTES /site 8
9 APPENDIX 1 HEALTH AND SAFETY QUESTIONNAIRE FOR INDEPENDENT PRODUCTION COMPANIES As part of the commissioning process Skyy requires answers too the following questions on your company s health and safety arrangements. When completed, please return the questionnaire to your Sky production contact. The questionna aire should be completed by the senior person with responsibility for health and safety withinn your company. Company name: Company address: Title of Programme to be commissioned (if known) ): Name job title address, of person completing questionnaire: Name of the Sky Commissioning Editor: Date when questionnaire completed: Number of staff employed by your company: Health and Safety competent person at your company: 1.0 HEALTH & SAFETY MANAGEMENT 1.1 Please attach a copy yourr company s current Health andd Safety Policy (and Statement) and indicate when it was agreed at Executive / Boardd level. Policy Date: Please provide answers to the following questions: 1.2 What is the management structure and chain of responsibility for health and safety within your company? Who has responsibility for health and safety at Executive level? 1.3 Please clarify the health and safety responsibilities for programme activities who has overall responsibility on a shoott / recording? 1.4 Do you have a source of competent health and safety advice?? YES NO (If YES Please provide details requested below as we may need to contact them.) 9
10 Name: Qualification(s): Level of service provided: (e.g. Full / Retained / Phone / Internet / Ad Hoc) Contact details: (Address/ /phone) Other Relevant Information: 1.5 Please outline your arrangements for examples of completed assessments). risk assessment on productions. (Please attach 1.6 Have you drawn up Company health and safety rules, guidelines and procedures for both office and programme-making activities? (Please attach examples). 1.7 Have you documented arrangements and procedures for emergenciess for office, studio and / or location situations? (Please attachh examples). 1.8 Have all production staff received basicc health and safety training? What safety training t and information do freelance and temporary staff receive? (Please provide details of training received by staff in the last year.) 1.9 What are your arrangements for vetting and managing sub-contracs ctors, e.g. scaffolding etc.? (Please provide examples of vetting criteriaa and/or verification vetting process.) stunts, of the 10
11 1.10 Do you have arrangements for communication and co-ordination of health and safety arrangements with others, e.g. contractors s, venue/location providers? 1.11 If sub-contractors work for, or with, your company, e.g. lighting, operators how do you check their ability too work safely? scaffold, camera 1.12 What are you arrangements for complying with the Working Time T Directive? 2.0 ACCIDENT & INCIDENT MANAGEMENT 2.1 To ensure that your Insurance Policies for Employers Liabilityy and Publicc Liability conform to Sky s conditions of contract, please supply the following: A copy of both, or Details of the policies, insurers and limits of indemnity Renewal dates Claims experience for the past 3 years 2.2 Pleasee outline your arrangements forr reporting and investigation accidents or near- misses. 2.3 Please outline any significant* accidents within the company s activitiess in the last three years. Were any accidents reported to the Local Authority / Health and Safety Executive / Police? *I.e. as specified by the Reporting of Incidents, Diseases and Dangerous Occurrences Regulations (RIDDOR). Attach brief details of the accidents and lessons l learnt. 11
12 2.4 Has your company been issued with any prohibition or improvement notices in the last 3 years? Has your company ever been prosecuted for a health andd safety matter? 3.0 ADDITIONAL INFORMATION Please use this space to provide any further relevant information. PLEASEE RETURN TO YOUR SKY PRODUCTION CONTACT, WITH THE T ITEMS LISTED BELOW RETURNS CHECKLIST REMINDER Questionnaire H&S Policy Example of completed Risk Assessment Employers Liability Insurance Public Liability Insurance Other information as requested above. 12
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