Inspections by Regulatory Agencies

During a motion picture or television production there are many government agencies that have jurisdiction over production activities. Typically these agencies enforce fire life safety, public safety, workplace safety, environmental and code enforcement regulations. Inspections are either planned or complaint/accident related. A planned inspection is generally triggered by permit request that has been made by the production and is a routine process. A complaint or accident related investigation is more serious in nature. These types of visits are generally prompted when an accident occurs or a complaint is received by a regulatory agency.

Except in cases when it is unavoidable, only pre-determined/authorized individuals should interact with regulatory inspectors. The Line Producer, Unit Production Manager or First Assistant Director may assign a production representative to work with the inspector based on the nature of the inspection Production personnel are discouraged from contacting OSHA directly regarding an investigation prior to seeking guidance from the Production Safety Specialist and Production Counsel (Legal).

Responding to an Occupational Safety Inspection

OSHA (Occupational Safety and Health Administration) conducts workplace health and safety inspections in the United States. Inspections are generally the result of one of the following:

  • A complaint received from an employee, former employee or employee representative
  • Inspector drives by a location and observes an unsafe condition
  • An accident has occurred

First Contact with Inspector

When visiting the workplace, by government regulation, the inspector must inform a management representative of the company being inspected regarding the purpose of the visit. The inspector must also present photo identification to verify the agency represented and inspector’s name.

An inspection cannot take place until the employer grants permission to enter the workplace; therefore, never allow an inspector to enter the workplace until one of the following individuals have been notified:

  • Production Safety Specialist
  • Production Executive
  • Show Attorney
  • Line Producer and/or Unit Production Manager

Politely ask the inspector to wait while permission is obtained to permit inspection. An inspector must comply with the request. Find a location away from production activity for the inspector to wait. Do not feel intimidated by an inspector.

Inspection

Once permission has been granted to permit an inspection, a representative of the Production Company must accompany the inspector at all times. The Unit Production Manager / Line Producer is the designated production representative to respond to an inspection.

  • Make detailed notes of what the inspector does and says. Direct these notes to the Show Attorney and Production Safety Specialist. These notes should be factual and should not contain opinions or editorial remarks.
  • Request to be present during any employee interviews.
  • You may permit the inspector to review the IIPP (Safety Program) and other written safety programs. If a request is made for documents, we will comply as soon as reasonably possible. Agree on a time frame. Remember that you must seek approval from the Production Safety Specialist or Show Attorney before giving copies of any document(s) to an inspector.
  • The inspector may obtain statistics, information, or physical materials in possession of the employer, which are directly related to the purpose of the inspection. Again, never allow the inspector to take anything from the location unless management grants approval.
  • The inspector may take photographs or videos. If possible, attempt to duplicate the photographs taken using a production camera. This should be done at the same time the inspector is taking his/her photo(s). Do not take pictures for the inspector.
  • When speaking with an inspector, do not guess, estimate or speculate (depth of a trench, voltage in equipment, cause of a hazard). Do not offer information not requested. Merely answer the question. Answer only the question asked. Always be honest.
  • Listen carefully to questions asked. Pause and think a few seconds before answering the question. If a question is not clear, you can ask to have the inspector repeat or rephrase the question. Always make sure that you understand the question before you answer it.
  • It’s OK to say that you don’t understand.
  • If you are uncertain about the answer, or simply do not know the answer, state that fact to the inspector.
  • Do not admit a violation
  • Don’t feel intimidated by the inspector.
  • Be courteous. If the inspector becomes disagreeable or unprofessional, the inspection may be temporarily halted until his/her manager is contacted.