HERE WE GO
Author: Owner/Producer Andrea Dorsey 6/01/20
As of June 1st, the State of Georgia graduates to Phase 2 of reopening. This means that gatherings of more than 25 people in a single location are allowed if six feet of space is maintained between each person, and I’m open for business in Georgia. Bright Sky Production is me, Andrea Dorsey, a freelance commercial photography and video producer based in Atlanta, GA.
If you want to get on with it, scroll down to the Covid-19 Interim Production Approach.
I am committed to the health and well-being of every person on a production. After all, I am Director of APA Atlanta, an organization committed to high standards of professional excellence in our industry. I recognize that while government restrictions are being lifted, there is still a national health emergency that will change our way of life for a good long while. I wish that everyone could stay at home and wait a good long while to get back to work, but we all need to make a living. Frankly, my role as a Producer has gotten a lot harder. I’m charged with returning everyone to work on a production safely, and I do not take this responsibility lightly.
I spent the past two months poring over Covid-19 information and thinking about how a production will work in the pandemic era. Today I present a basic Covid-19 Interim Production Framework to help our photo community think about sound safety strategies and make sense of the business implications. It is a start, and design work is in progress. By basic, I mean that there are an inexhaustible number of things to consider, and this framework is finite. It is an interim framework that is straightforward and provides an organized and deliberate way to talk to crew and clients. I hope that the framework will give you clarity to develop your own Covid-19 policies and protocols.
What about all the things? We are in the early days of working during a pandemic, and I cannot decide on best practices without proof of concept. (My motto is Trust But Verify.) I’m heading into a big, multi-week photography production mid-June, both in studio and on location. I will have the opportunity to collaborate with production professionals to develop detailed protocols for specific situations and see them in action. It is essential to get the perspective of all of my trusted crew members as we implement and fine tune protocols. It is a collaborative process (or a collab as the kids call it these days). The good news is that I will be able to share road tested protocols and production techniques before too long.
If you want to talk about the production framework, send me an email to set up a time. This is serious business that warrants undivided attention and focus.
Above all, be careful, stay healthy, and take care of each other, ok?
Virtual Hugs,
Andrea
Please note that Andrea Dorsey not a medical, legal, or insurance professional. The information presented does not, and is not intended to, constitute the advice of a licensed professional. All material is presented for general informational purposes only. Readers should contact the appropriate licensed professional to obtain advise for medical, legal, or insurance matters. All liability with respect to actions taken or not taken based on the contents of this information are hereby expressly disclaimed.
Bright Sky’s Covid-19 Interim Production Framework
Table of Contents
Information
Covid-19 Production Approach
Project Engagement: What’s New
Production: The New Normal
Mitigating Legal Risk
Covid-19 Information
Being well informed is the first step to sound decision making. It is my responsibility to perform the due diligence to get everyone on the production back to work safely.
Many government entities have published information and guidelines to prevent the spread of Covid-19 in the workplace. I strongly encourage all production professionals to educate themselves with the CDC’s resources. I know that you already have done this for your own personal safety, but I have to say it, you know?
Centers for Disease Control & Prevention: In addition to thorough, fact-based information, the CDC has a lot of downloadable PDF infographics that you can use for training and posting in your studio or on location.
I regularly check the CDC and the government authorities below for the latest Covid-19 developments, guidelines, and status of reopening phases. Most of the information and guidance overlaps with the CDC and between all the government entities.
US Dept of Labor Occupational Safety & Health Administration (OSHA)
US Government Response to Covid-19
GA Dept Economic Development Guidelines for Businesses
City of Atlanta Covid-19 Response
At the onset of the pandemic, the photo industry quickly pulled together as a community to talk and share information. It has been ah-mazing! I have been watching APA’s talks, ASMP’s, and Workbook Radio webinars and regularly checking APA’s Coronavirus Hub. Also, I took a Production Infection Control Course put together by a photographer and an OSHA consultant.
I have collected and studied film and tv guidelines, such as the GA Film & TV Best Practices.
Yes, this is an overwhelming amount of information to digest and figure out how to apply to your production, so I put together the Covid-19 Interim Production Framework.
My producer motto is Trust But Verify. (This turn of phrase has a Cold War history. Anyway…) To this end, I have provided links to the government authorities or source material.
Bright Sky’s Covid-19 Production Approach
The concept of Universal Precaution tells us to approach life and work as if every person and surface is infected with Covid-19. This is the fundamental basis for Bright Sky’s Covid-19 Approach.
Bright Sky will adhere to the CDC’s guidance on How to Protect Yourself & Others and the CDC’s Interim Guidance for Businesses.
Bright Sky embraces the AICP’s Covid-19 Workplace Guidelines and Considerations for interim production best practices.
I will continue to monitor federal, state, and city orders and guidelines for reopening orders.
Every production is unique and will present new Covid-19 challenges. We will work through it together, but I need to let you know that I will not compromise Bright Sky’s Covid-19 Approach.
Project Engagement: What’s New
The Client Talk: I will present Bright Sky’s Covid-19 Approach to my clients and my client’s clients and take a consultative approach at the onset of the project engagement. A well written SOW goes a long way in managing client expectations. I will consider including the Covid-19 Production Approach in the SOW but “read the room” first. I will abide by the client’s own Covid-19 policies.
New Estimate Line Items: I am implementing payroll for crew and talent as a best practice (more on that later), and there are payroll service costs. Pandemic production estimates may include additional Producer labor, a hazard assessment, PPE, a Compliance Officer, cleaning & disinfecting expenses, mobile hand washing stations, etc. Shoots may, but not necessarily, slow down with lower shots counts each day.
Please do not panic about the estimate bottom line and your competitiveness in the marketplace. At the end of the day, no one wants to catch Covid-19, and no one wants to be sued as a result of negligent and hazardous workplace conditions. This is the new production normal.
Payment: Businesses may be slower to remit payment in this unstable economic climate. As always, get the payment terms up front and include them in the estimate/contract. It is possible that a business may go belly up during a production. I will ask for 75-100% of production costs up front, so no one goes out of pocket for expenses, and the crew gets paid.
Covid-19 Terms & Conditions: In the singed estimate/contract, I will include verbiage that speaks to Covid-19 cancellations and other Covid-19 considerations.
Production: The New Normal
Covid-19 Testing: The GA Governor advises all Georgians to get tested, so I encourage everyone to do so. Find a Covid-19 testing site here and here.
Approach: In the interim, Bright Sky is following the CDC’s guidance on How to Protect Yourself & Others, the CDC’s Interim Guidance for Businesses, and the AICP Workplace Guidelines. I have listed a few highlights below. As mentioned above in Here We Go, I am developing production best practices specific to photography.
Compliance Officer (CO): A Compliance Officer is needed on larger shoots and is a Set Medic or trained Covid-19 production professional. The CO will conduct a hazard assessment and lead the safety meeting. The CO will monitor and ensure that the guidelines (mine, client’s, government’s) are being followed and monitor higher risk work areas more frequently.
Covid-19 Training: All production personnel will be provided a digital copy of the CDC How to Protect and the AICP guidelines and asked to acknowledge receipt in the Bright Sky Covid-19 E-Check. A Covid-19 safety meeting will be held at the onset of every shoot.
Covid-19 E-Checks: The CDC's Interim Guidance recommends the implementation of a virtual health check and daily health checks in the workplace. We are implementing these recommendations via the E-Check and temperatures will be checked each day of the production before entry to the set. The EEOC and National Law Review tells us this type of health assessment is legal.
Contact Tracing Policy: The CDC encourages contact tracing to reduce the spread of Covid-19. If someone on the production comes down with Covid-19 within 14 days of the production wrap, I request to be notified and will notify everyone on the production.
PPE: Everyone on set must provide their own mask, and backup masks will be available. Gloves will be provided to the people responsible for cleaning & disinfecting, catering, and crafty. Georgia based PPE suppliers can be found here. (There’s more on hair & makeup and wardrobe below.)
Cleaning & Disinfecting: A production assistant will be trained on CDC cleaning and disinfecting protocols. The PA’s role will include providing surface and hand disinfectants to all departments and creating 6-foot department zones with color tape. The PA will make sure all washing stations have soap and paper towels. The PA will disinfect all surfaces throughout the day. The PA may also be the designated crafty person (see below).
Remote Art Direction: Travel is dicey, and we need to keep the number of people on a shoot to a minimum. I am testing out a livestream solution, QTake.
Department Protocols: The AICP guidelines are excellent, but there are opportunities to drill down further and develop more detailed protocols. As I work on my current production, I’ll have more to share as explained above in Here We Go.
Hair & Makeup and Wardrobe: OSHA defines these workspaces as medium risk, so they require special consideration. First, we should always consider whether it meets the client’s creative needs for talent to do their own makeup and provide their own wardrobe. If not, stylists will bring their additional PPE, such as face shields, and other physical barriers. While UVC light and steaming look promising, the only method for disinfecting fabric approved by the CDC is laundering. I am working through specific protocols on my current production.
Adult Talent: A couple of Bright Sky’s talent agency partners have implemented internal Covid-19 procedures, and we will engage only with those agencies. Bright Sky will only cast local talent at this time. I’m confident that Atlanta has the talent to meet any creative need. In-person castings are a no go and will be conducted virtually.
Kid Talent: Bright Sky is not casting kid talent at this time. We are not there yet.
Locations & Permits: Bright Sky’s favorite studios and location managers are developing Covid-19 protocols, and we look forward to working with them. The City of Atlanta’s permit app is disabled, so it does not appear that the city is issuing permits. Looking ahead, I anticipate that the city will require a health and safety plan. You do not need a permit for still photography if you are not blocking streets or sidewalks, etc., but you need to follow national, state, and local Covid-19 orders.
Virtual Production Books: The paperless office is finally here to stay.
Meals: Family style catering and the craft service table are sooo last year. Lunches will be served or boxed, and sad to say, courtesy breakfasts are suspended for the time being. No one but the designated caterer or craft service person is permitted to handle food and drinks. Lunch seating will be 6 feet apart and talking is discouraged while eating mask-free.
Andrea Dorsey not a medical, legal, or insurance professional. The information presented does not, and is not intended to, constitute the advice of a licensed professional. All material is presented for general informational purposes only. Readers should contact the appropriate licensed professional to obtain advise for medical, legal, or insurance matters. All liability with respect to actions taken or not taken based on the contents of this information are hereby expressly disclaimed.
Mitigating Legal Risk
Many industry professionals are distressed and worried about the legal implications of Covid-19 in the workplace. I am not an attorney, but I think it is okay to tell you about my own legal mitigation strategy.
Bright Sky utilizes the following tools for our pandemic legal mitigation strategy: written Covid-19 policies and protocols, Covid-19 training, Covid-19 contractual terms & conditions, APA general liability insurance, and payroll.
I will spend a moment on payroll, a new-ish concept to the Southeast. When the crew and talent are paid through payroll, the payroll service company becomes the employer of record, which offers the best legal protection for me and my clients. Payroll also resolves my concerns about the grey area of whether crew and talent are considered independent contractors or employees in Georgia. There are plenty of other benefits, including worker’s comp, listed on my preferred payroll vendor Smith & Stillwell’s web site. (There is a discount for APA members!) Moving forward, Bright Sky will implement payroll as a best practice, and I believe that it will be industry standard soon.
There is a lot of industry discussion about Covid-19 liability waivers. I will not implement a waiver for two reasons: (1) It is unclear to me whether contracting Covid-19 on set is considered a workplace injury and therefore covered by worker’s comp. If it is, I cannot ask someone to waive their right to worker’s comp as a matter of public policy. (2) Someone motivated to spend the money on attorneys to engage in an extremely unpleasant legal process will sue regardless of what was signed. Also, at the time of publication, there is no Covid-19 workplace legislation or case law. It is entirely possible that a judge will decide that a signed Covid-19 waiver is not enforceable.
End of Framework
Reverse Chronology of Significant Revisions
6/28 Added link the Media Services’ list of pandemic production guidelines by state.
6/28 While UVC light and steaming look promising, the only method for disinfecting fabric approved by the CDC is laundering.
6/03 Added to Remote Art Direction: We need to keep the number of people on a shoot to a minimum.
6/03 Clarified CO role: A Compliance Officer is needed on larger shoots and is a Set Medic or trained Covid-19 production professional.
6/02 Payroll also resolves my concerns about the grey area of whether crew and talent are considered independent contractors or employees in Georgia.
6/02 Deleted: Implementation of Covid-19 waiver; Added: I will not implement a waiver for two reasons: (1) It is unclear to me whether contracting Covid-19 on set is considered a workplace injury and therefore covered by worker’s comp. If it is, I cannot ask someone to waive their right to worker’s comp as a matter of public policy.
6/02 The City of Atlanta’s permit app is disabled, so it does not appear that the city is issuing permits. Looking ahead, I anticipate that the city will require a health and safety plan.