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    i

    HEALTH AND SAFETY RISK ASSESSMENT INTHE UK EVENT PRODUCTION INDUSTRY

    Untangling the red tape: What is the attitude

    towards the subjective nature of interpretation

    of health and safety legislation in the events

    industry?

    OLIVER ADAMS

    A Management Research Paper submitted in partial fulfilment of the

    Degree BA (Hons) Music, Theatre and Entertainment Management

    The Liverpool Institute for Performing Arts

    May 2014

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    COPYRIGHT NOTICE

    The contents of this document are copyright Oliver Adams 2014.

    All rights reserved.

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    iii

    DISCLAIMER

    Content of this paper is intended for educational purposes only and is no substitute

    for full legal advice. All facts are correct to the best of the authors knowledge and

    belief. Any advice given, or comments made, are personal opinions of the author

    only and do not constitute legal advice as individual circumstances may differ.

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    iv

    ACKNOWLEDGEMENTS

    I would like to thank my parents for their constant support throughout the process;

    Maria Barrett for her constructive criticism and frequent encouragement; my

    classmates and friends for their support and for providing frequent social relief; and

    my interviewees for their willingness to take part.

    I would also like to acknowledge the Learning Resources Centre at the Liverpool

    Institute for Performing Arts for having an excellent selection of resources, Aldham

    Robarts library at Liverpool John Moores University for providing such a pleasant

    work space and Apple Inc. for having such dependable systems.

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    v

    ABSTRACT

    Health and safety obligations in the live event production industry have become a

    topic for increasing discussion in the last two decades. This research paper examines

    the industry attitude towards the subjective nature of health and safety legislation

    and the practice of risk assessment together with the consequential perception of

    these. It aims to identify any potential weaknesses in legislation, guidelines or

    practice, the reasons for these and provides recommendations towards solutions.

    The relevant legislation is outlined whilst examining how it may be connected to

    attitudes towards health and safety within the industry and how this perception is

    changing. It has been determined that that there are no fixed rules regarding health

    and safety risk assessment but that there are some items which must be included.

    Also suggested is the fact that broad terminology in the legislation may invite

    subjectivity during the completion of risk assessment and that there appears to be a

    broadly negative attitude towards health and safety within the industry.

    The process by which qualitative data was collected, via individual interviews

    conducted in person, via video-conference and via telephone call, has been detailed

    and qualified. These interviews used semi-structured questions to explore the views

    of industry professionals regarding the impact of legislation on attitudes towards and

    perception of health and safety and risk assessment. The responses of interviewees

    then identified a lack of clear understanding of risk assessment procedure at low

    hierarchal levels and also amongst personnel completing risk assessments.

    Based on suggestions made during research and examples set by the construction

    industry, the concluding recommendations suggest the compulsory introduction of a

    dedicated health and safety operative for every event, an event site health and

    safety induction for all personnel entering the site and the acquisition of accredited

    health and safety qualifications for employed staff.

    Key words: live events, health and safety, risk assessment, health and safety

    legislation

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    vi

    TABLE OF CONTENTS

    LIST OF TABLES........................................................................................................... viii

    GLOSSARY AND ABBREVIATIONS................................................................................ ix

    1. INTRODUCTION ..................................................................................................... 1

    2. LITERATURE REVIEW ............................................................................................. 3

    2.1. INTRODUCTION TO LITERATURE REVIEW ....................................................... 3

    2.2. INTRODUCTION TO THE EVENT INDUSTRY AND EVENT PRODUCTION .......... 3

    2.3. THE RISK ASSESSMENT PROCESS .................................................................... 4

    2.4. RESPONSIBLE PERSON(S) ................................................................................ 6

    2.5. INDUSTRY PERCEPTION ................................................................................... 7

    2.6. LEGISLATION .................................................................................................... 9

    2.7. CRITICISMS OF RISK ASSESSMENT ................................................................ 12

    2.8. CHAPTER SUMMARY ..................................................................................... 14

    2.9. CHAPTER CONCLUSION ................................................................................. 15

    3. METHODOLOGY ................................................................................................... 16

    3.1. INTRODUCTION ............................................................................................. 16

    3.2. METHODS ...................................................................................................... 16

    3.2.1. Chosen Data Type .................................................................................. 16

    3.2.2. Sample .................................................................................................... 17

    3.2.3. Data Collection ....................................................................................... 19

    3.2.4. Interview Content .................................................................................. 21

    3.2.5. Ethics ...................................................................................................... 22

    3.2.6. Procedure ............................................................................................... 22

    3.3. IMPORTANCE AND LIMITATIONS .................................................................. 23

    3.3.1. Importance of Study .............................................................................. 23

    3.3.2. Limitations of the study ......................................................................... 24

    DATA ANALYSIS ........................................................................................................ 25

    3.4. REVISIONS TO METHODOLOGY ..................................................................... 26

    3.5. CHAPTER SUMMARY ..................................................................................... 26

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    4. FINDINGS AND ANALYSIS .................................................................................... 28

    4.1. INTRODUCTION ............................................................................................. 28

    4.2. EFFECTS OF HIERARCHY ................................................................................ 28

    4.3. PERCEPTION .................................................................................................. 29

    4.4. LEGISLATION .................................................................................................. 32

    4.4.1. Awareness and Understanding .............................................................. 32

    4.4.2. Standardisation ...................................................................................... 33

    4.4.3. Terminology ........................................................................................... 34

    4.5. COMPETENCE ................................................................................................ 36

    4.6. SUING CULTURE ............................................................................................ 37

    4.7. REFLECTION ON CONTENT OF LITERATURE REVIEW .................................... 38

    4.8. REFLECTION ON INTERVIEWEE RESPONSES .................................................. 39

    4.9. CHAPTER SUMMARY ..................................................................................... 39

    5. CONCLUSIONS AND RECOMMENDATIONS........................................................ 41

    BIBLIOGRAPHY ............................................................................................................. 44

    APPENDICES ................................................................................................................. 50

    APPENDIX 1: Explanation of production department operations and associated

    risks .......................................................................................................................... 50

    APPENDIX 2: Common problems with health and safety risk assessment.............. 53

    APPENDIX 3: Interview Transcripts .......................................................................... 54

    APPENDIX 4: Construction Design and Management Regulations (CDM) ............ 112

    APPENDIX 5: Recommendations for Future Improvement ................................... 113

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    viii

    LIST OF TABLES

    TABLE NUMBER PAGE NUMBER

    Table 1: Summary of professional activity and reasons for choosing interview

    participants .................................................................................................... 19

    Table 2: Interview questions with rationale ................................................................ 22

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    ix

    GLOSSARY AND ABBREVIATIONS

    TERM DEFINITION

    BETA testing: A trial of machinery, software or other products in the final

    stages of development, carried out by a party unconnected

    with the development process (Oxford Dictionary online,

    2014)

    CDM: Construction Design and Management (Regulations)

    CDMC: Construction Design and Management Co-ordinator

    CITB: Construction Industry Training Board

    COSHH: Control of Substances Hazardous to Health (Regulations)

    CSCS: Construction Skills Certification Scheme

    ESAG: Local authority Event Safety Advisory Group; conducted by

    event managers with local emergency services and other

    relevant parties

    ESP: Event Safety Passport (see Safety Passport)

    Flying: The act of suspending equipment, structure or set for a

    performance (see also: Truss)

    Genie: Access equipment brand making scissor lifts and cherry pickers

    H and S, H&S: Health and Safety

    HASAWA: Health and Safety at Work etc. Act

    Hi-vis: High visibility clothing

    HSE: Health and Safety Executive

    IOSH: Institution of Occupational Safety and Health

    LOLER: Lifting Operations and Lifting Equipment Regulations

    MHSWR: Management of Health and Safety at Work Regulations

    NEBOSH: National Examination Board in Occupational Safety and Health

    PAT: Portable Appliance Testing (electrical)

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    x

    PPE: Personal Protective Equipment

    PSA: Production Standards Association

    RIDDOR: Reporting of Injuries, Diseases and Dangerous Occurrences

    Regulations

    Rig/Derig: The act of installing or uninstalling equipment into or out of

    a venue for use in at event

    Rigging: The departmental term for the construction of truss and the

    act of flying performed by a Rigger

    Safe:Contractor: Health and safety pre-qualification assessment scheme

    (Santia, 2014)

    Safety Passport: Nationally recognized standard of health and safety training

    (Safety Pass Alliance, 2014)

    Tallescope: Access equipment

    Truss: A metal framework from which equipment is flown

    (see also: Appendix 1, Rigging)

    Working at Heights: The Work at Heights (Regulations)

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    INTRODUCTION

    1

    1.INTRODUCTIONIt is vital for event management personnel to be aware of the challenges that face

    them regarding health and safety and the attitudes of co-workers and other staff

    towards its theory and practice on event sites. Event managers are ultimately

    responsible for the safety and welfare of personnel involved in their production and

    the outcome of careful risk management might be to save someones life (Shone

    and Parry, 2010, p.173).

    The topic this paper concerns is the healthy and safe conduct of work within theevent production industry. This primarily involves the risk assessment of all hazards

    involved in any industrial activity conducted on a temporary or permanent event site

    by any personnel present.

    Although a great deal of literature exists discussing the regulations that must be

    observed and detailing the method by which risk assessments should be conducted,

    there is very little that discusses the inherent limitations of the process or the

    attitude event staff have towards health and safety. This paper aims to establish

    these attitudes, the reasons for them and the effect legislation has upon them via a

    review of relevant literature and the interviewing of industry professionals. It will

    also use recommendations from reviewed literature and interviews to generate

    recommendations that may be used to assist in alleviating any problems found.

    The key limitation of this study lies in its scope; ideally, more subjects would be

    interviewed for primary research to generate more accurate and detailed opinions

    on the topic, however due to the time constraints involved, this has not been

    possible.

    There are several differing opinions on the topic; some that suggest that the content

    of the legislation, particularly the terminology may be at the root of problems

    associated with practice.

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    INTRODUCTION

    2

    Others suggest that it is, in fact, a lack of understanding on the part of operatives

    themselves creating problems. Most sources do however, agree that attitude

    towards health and safety within the live event production industry is broadly

    negative.

    I have a keen personal interest in the world of event production and in recent years,

    have worked on many different scales of events, in a variety of roles. Whatever the

    scale or application, although health and safety is always a primary concern, it is

    often a contested topic. Through this paper, I would like to establish the reasons why

    attitudes towards health and safety in our industry are often so poor and what can

    be done by way of improvement.

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    LITERATURE REVIEW

    3

    2.LITERATURE REVIEW2.1. INTRODUCTION TO LITERATURE REVIEWThere are a variety of different sources available that examine health and safety risk

    assessments from different perspectives. It is vital for management staff to be aware

    of relevant legislation, accepted code of practice and any pitfalls involved in the

    process because ultimately, they are liable for any serious mistakes that occur. The

    review and analysis of this literature may assist management. The majority of the

    publications available are either generic or specific how to guides. Generic guides

    are intended for anyone working with risk assessment (psychological, physical,

    performance or economic), and include legislative documentation that provides

    regulations and an accompanying accepted code of practice. Some publications are

    also based on the risks specific to event management, intended for use by relevant

    staff to assess hazards in both production and crowd safety. These usually

    incorporate explanations of legislation, methods of quantifying risk, employer and

    employee responsibility, risk management, identification of hazards and reviewing of

    assessments.

    Other available publications give an analytical approach towards the completion of

    risk assessment. These are much fewer in number and generally exist in the form of

    journal articles or critical elements within how-to guides. Authors such as Hannam

    (1997, p.10-12) provide suggestions about possible flaws with the assessment

    process and an outlook on health and safety in general from within the live

    entertainment industry.

    2.2. INTRODUCTION TO THE EVENT INDUSTRY AND EVENTPRODUCTION

    The area of event management this study is concerned with is production. This

    encompasses activities involved with organising and implementing the technical and

    logistical delivery of an event.

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    LITERATURE REVIEW

    4

    The issues addressed by this type of risk assessment will be relevant to one of the

    production departments; these are explained in Appendix 1. Within the context of

    production, the event industry comprises several main areas: festivals, touring

    performance, static performance, conferences, exhibitions and special events, all of

    which will require logistical and technical production.

    2.3. THE RISK ASSESSMENT PROCESSVan Beek suggests

    there are three main stages to any risk assessment, identification,

    assessment and control [] we must first identify the hazards. We mustdescribe them sufficiently so that another, less experienced person can

    recognise the hazard if confronted with it (Van Beek,2000, p.25).

    Control methods must then be generated to reduce the level of risk. He goes on to

    say that there are too many systems in place for assessing the risk with many

    results, some are too simple, some are too complex (Van Beek, 2000, p.26).

    Within the production department, risk assessments are written to cover any

    operation which, when performed incorrectly, will endanger staff involved in the

    production. Van Beek (2000, p.26) explains that the risk assessment should outline

    how to reduce the probability of death or injury.

    The Health and Safety Executive (HSE) give advice on regulations and legislation,

    stating that there are no fixed rules about how a risk assessment should be carried

    out (2004, p.8), but provide guidelines for what should be included. There may be

    an advantage for some in the development of a custom method of evaluating the

    level of risk, a custom format and a list of compulsory inclusions. However, a lack of

    solid guidelines or format will mean that both time and financial investment are

    required in order to produce all of the risk assessments necessary to stage a

    production, covering activities from very low to very high risk. Van Beek suggests

    that there are three aspects that all health and safety risk assessments should

    contain, seriousness of injury, frequency of task and the likelihood of injury should

    accident happen (2000, p.26).

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    LITERATURE REVIEW

    5

    Hannam states that the employer has a duty to identify any significant hazards but

    does not explain or quantify the meaning of significant hazards. The HSE (2004, p.9-

    10) suggest a similar method but with the additional requirement to review and

    revise documents and practice regularly.

    An official HSE commissioned review of good practice and common pitfalls in risk

    assessment suggests that, in order to evaluate a risk fully, one must consider of

    what, to what, from what (HSE, 2003b, p.8-9), so, where the risk is coming from,

    who is at risk and what the implications are of the hazard occurring.

    In order to assess risk, both HSE (2004, p.7) and Shone and Parry (2010, p.172)

    suggest beginning by acquiring professional advice from experienced services such as

    the fire brigade, police and ambulance service to establish known risks, bottlenecks

    in process and in order to identify potential problems in current plans as early as

    possible.

    Hannam (1997, p.11) states that in a risk assessment, several items should be

    included. He uses [*] to denote which are required by law. Firstly, identification* and

    recording of the hazard and the listing of those at risk and approximate numbers*.

    The employer must then assess the likelihood of an accident and the worst possible

    outcome in the situation when controls are not in place and provide a risk

    assessment accounting for information on any relevant codes of practice. They must

    list any controls that are currently in place* and state what further action is

    required to reduce the risk to an acceptable level. Finally they must monitor the

    hazard and control systems to ensure they are functioning correctly.*

    This method has been selected as an example because it is both the most common

    (Hannam, 1997; Van Beek, 2000; AEV et al.,2010; Higgs, 2008) and the most

    thorough, covering all of the items accounted for in the most publications reviewed

    without being excessive. Higgs (2003, p.39) suggests a numerical method for

    establishing level of risk, by multiplying likelihood of accident by hazard severity

    (both from 1-3) whereas Hannam (1997, p.12) suggests using the qualitative

    method, No injury, trivial injury, minor injury, major injury and fatal injury.

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    LITERATURE REVIEW

    6

    In a later publication, Hannam (2009, p.114) suggests rating severity, likelihood and

    frequency out of 10 to give a rating out of 1000. Woking Borough Council (2014) also

    suggest a similar qualitative method of High, Medium and Low risk. It is clear from

    the number of different methods suggested across reviewed literature that methods

    of evaluating and quantifying the hazards do vary.

    Although these methods may work in theory, they are all liable to suffer from

    subjectivity, particularly if guidelines are unclear. Strauch (1980, p.4) suggests that if

    a problem has an unclear origin or the method by which it is solved is squishy, the

    resulting solution will consequently be subjective. HSE (2004, p.6) states that the

    level of detail in a risk assessment should be proportionate to the risk, however,one staff member, for example, (via whichever method of evaluation) may deem a

    hazard to have a different severity level than another staff member, based on a

    subjective interpretation. One could argue better safe than sorry and opt to use a

    longer and more detailed risk assessment, however, this will require more resources

    in terms of both time and finance, which may not necessarily be an option for those

    with a low budget or a short time frame. Alternatively, if the hazard is not assessed

    fully, an injury may be more likely to occur, furthermore, it could be deemed by a

    legal authority that the hazard was not given enough attention and the responsible

    person(s) could be reprimanded or worse. Additionally, in reference to the method

    suggested by Woking Borough Council, though having fewer options may simplify

    the evaluative process, it may also force inaccurate conclusions.

    2.4. RESPONSIBLE PERSON(S)An appreciation of where responsibility for assessing risk lies and the hierarchal level

    at which the assessment occurs and is enforced is essential to understanding liability

    implications.

    There are several staff members present at all events (beyond the very small), who

    are responsible for the wellbeing of crew and those in direct contact with the

    production.

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    LITERATURE REVIEW

    7

    The Managing Director (Hannam, 1997, p.10) or Production Manager (sometimes

    referred to as Technical Director) is ultimately responsible for ensuring that crew

    operations and workflow are conducted in a healthy and safe manner (Van Beek,

    2000, p.16).

    The Stage Manager is also responsible for overseeing any activity that takes place

    on, adjacent to or behind the stage [...] and the overall layout and physical

    preparation of the stage and all its setting(StageSafe, 2014, p.7). The staff member

    in charge of distributing and organising crewing for an event, the Crew Chief, is

    responsible for ensuring that people working for them are protected from hazards

    [] and that safe working practices are in place and followed (Van Beek, 2000,p.16).

    While the Production Manager is responsible for co-ordinating all the technical and

    staging requirements of a production (Theatres Trust, 2014), in a theatre, the Front

    of House Manager is responsible for the safety and wellbeing of the audience. He or

    she will be trained in security and health and safety, including the safe and speedy

    evacuation (Theatres Trust, 2014). The lack of reference to the Front of House

    Manager in relevant literature suggests that there is no direct equivalent to this

    theatre role at an outdoor festival. In this instance, overall responsibility for health

    and safety will belong to the Event Manager (Ineson, 2012).

    Although the Production Manager (or equivalent) is usually responsible for the

    production of risk assessments, he or she is not ultimately liable for any injuries that

    occur. It is the responsibility of overall management, such as a promoter, to maintain

    the welfare and safety of persons involved in a production and to ensure any

    documentation and practice that is in place is adequate.

    2.5. INDUSTRY PERCEPTIONUnfortunately, due to a history of lax attitude towards health and safety within the

    events industry suggested by Hannam (2009, p.21), there are very limited records to

    illustrate the history of accidents in the area.

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    LITERATURE REVIEW

    8

    Hannam (2009, p.21) further states:

    Tim Norman of Edwin Shirley Staging [] rightly states we have a very good

    record for Health and Safety within our industry, but the reason we have

    such a good record is not necessarily because we are safe, but because there

    are no records!.

    Various pieces of legislative practice such as Reporting of Injuries, Diseases and

    Dangerous Occurrences Regulations (RIDDOR) and Management of Health and

    Safety at Work Regulations (MHSWR) have put control and monitoring measures

    into place. However, if, as Hannam and Norman suggest, there are no (or very few)

    existing records of injuries in the event industry prior to these being put in place,

    assessing the differences made by them would be difficult. This method of working,

    assessing and reviewing has received a slow uptake within the industry.

    Despite being aware and knowing what is required of them, the majority still

    do very little about complying with H&S law and regulations [] others

    produce documentation [] but do nothing about implementation and

    operating the required control systems (Hannam, 2004, p.21).

    Later, Hannam (2004, p.23) also notes that

    over the last five or six years, I have seen changes starting to take placeregarding peoples attitudes towards H&S, together with a growing number

    of companies really starting to make very serious efforts towards better

    health and safety management.

    Patterns are also suggesting that it is small, upcoming companies wishing to

    establish themselves with good practice who are adopting new methods, rather than

    large companies. This can help them towards gaining preferred or approved

    contractor statuses such as Safe:Contractor (Hannam, 2004, p.23).

    Cox (2014) suggests that there are five major possible causes for accidents in the

    entertainment industry, all of which are within the control of staff members. These

    include the necessity to constantly work at a fast pace and under physiological

    stress, which can lead to corner cutting.

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    LITERATURE REVIEW

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    Unsafe conditions may involve the use of poorly maintained equipment or working

    in low light conditions and negative attitudes and laziness can lead to reluctance to

    adopt recommended safety advice. Staff may not have received sufficient training

    to complete activities to a safe standard. However, all of these factors can be risk

    assessed and control measures put in place. These may include education to

    illustrate the necessity for health and safety measures and thus improve attitudes,

    improvement of working conditions, ensuring good upkeep of equipment, and using

    contingency time combined with the monitoring of staff working hours so stress and

    tiredness is kept to a minimum.

    However, there is some evidence that larger institutions are improving on health andsafety practice. Katrina Gilroy (2011), Production Manager at the National Theatre

    does suggest that some changes are being made at a higher level, "When I started

    out, you didn't train to be a production manager. In the last four to five years, that's

    actually changed, in many ways because of legislation and health and safety.

    2.6. LEGISLATIONHSE (2014c) state that both The Health and Safety at Work etc. Act (HASAWA) 1974

    and the Management of Health and Safety at Work Regulations (MHSWR) 1999 place

    duties on companies and individuals to ensure that adequate provision is made for

    health and safety at work.Making an assessment of health and safety risks arising

    out of work is a legal requirement underMHSWR. Regardless of industry or

    application, all employers with more than five employees are required to produce a

    written risk assessment outlining safe operating practice (HSE, 2014b).

    For any event to be staged, responsible parties are legally obliged to produce risk

    assessments, this being necessary under the legal principle, duty of care. This is in

    place to ensure those parties take all reasonable care to avoid acts or omissions

    that could injure employees, contractors, users, participants and visitors(Shone and

    Parry, 2010, p.173).

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    LITERATURE REVIEW

    10

    Breach of duty of care is covered under statute law and offenders may receive a fine,

    or in serious cases, be sent to prison (Hinde and Kavanagh, 1998, p.2).

    For event managers, duty of care means taking actions that will prevent any

    foreseeable risks of injury to the people who are directly affected by, orinvolved in, the event [] including event staff, volunteers, the performers,

    the audience or spectators and the public in the surrounding areas (Shone

    and Parry, 2010, p.576-7).

    Accepted healthy and safe working practice is documented by the Health and Safety

    at Work etc. Act 1974 (HASAWA) which requires employers to take reasonably

    practicable precautions in various areas to safeguard employees and, to do this, an

    assessment of the risk and the steps needed to remove or reduce them needs to be

    made (Office Safety Company, 2014).

    Additionally, the MHSWR 1992 also requires employers to record significant results

    and information based upon risk assessments (Office Safety Company, 2014).

    Regulation 3 of MHSWR states that all employers should make an assessment

    of the risks to the health and safety of employees to which they are exposed

    while they are at work and of the risks to the health and safety of persons not

    in employment arising out of or in connection with the conduct of theemployers undertaking (Office Safety Company, 2014).

    There are several areas where, should an employer find a breach of regulations, this

    must be fully assessed and either removed or alternative methods of completing the

    task put in place. These areas include noise and electricity, manual handling and

    hazardous chemicals, The Health & Safety Executive publish copies of the latest

    legislation (Van Beek,2000, p.30) with accompanying suggestion and guidelines.

    There are many regulations under the umbrella of HASAWA and these must be

    applied where applicable(Hannam, 1997, p.53). Health and Safety Group (2014)

    further state that specific risk assessments should also be conducted to encompass

    the regulations covering hazards such as toxic substances, safe use of electrical

    systems, noise at work and personal protection equipment.

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    The accepted code of practice accompanying MHSWR states that anything with the

    potential to cause harm [] (including articles, substances, plant or machines,

    methods of work, the working environment and other aspects of work organisation)

    will impact upon those affected and what measures can be taken to manage

    those risks (HSE,2004). This legislation states that two things combine to create

    risk, the threat (meaning level of harm) a hazard poses and the likelihood of an

    incident taking place.

    HSE (2004, p.6) approved code of practice for regulation 3 states that the level of

    detail in a risk assessment should be proportionate to the risk and that

    insignificantrisks can be ignored. Risk assessments conducted should also besuitable and sufficientand a thorough explanation of these terms is given in the

    guidance. Despite this, no qualification is supplied as to the meaning of the phrases

    impact upon those affectedand insignificant. Later in the text, it is stated that a

    risk assessment should ensure the significant risks and hazards are addressed (HSE,

    2004, p.8) and as before, no further explanation as to the meaning of significant is

    mentioned. It is therefore left to the responsible person(s) to decide at what point a

    health hazard is worth the time and financial outlay required to make it safe.

    The explanation of RIDDOR found in Hughes and Ferrett (2006, p.259) does state

    that if an employee has to take leave as the result of an injury for more than three

    days then they must notify the enforcing authority within ten days. This may

    suggest that a serious injury should be seen as anything that causes an employee to

    be unable to work for more than three days, however this is the only guide to

    severity found in these regulations.

    All publications suggest that a risk assessment should cover any hazard that has the

    potential to seriously injure or kill, but the lower levels of potential harm necessary

    to warrant the use of a risk assessment was an area of particular vagueness. Hannam

    states that there are five classes of injury: no injury, trivial injury, minor injury,

    major injury and fatal injury (1997, p.12) but makes no suggestion as to which

    require the risks to be assessed and which do not.

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    LITERATURE REVIEW

    12

    He later states a lot more work has to be done to get clarification on the regulations

    and standard set for rigging and climbing operations. We need set standards that are

    acceptable to the HSE and not just ourselves (1997, p.53).

    In the literature reviewed, it is unclear at what stage a risk is severe enough to

    qualify financial outlay. For example a Production Manager may have to decide

    whether to spend the large additional cost of hiring an access vehicle to hang rigging

    points as opposed to climbing with a harness and safety net. The former is certainly

    safer, but at a very high cost. If there are different methods in place to assess these

    risks, an employer may decide that using a rated harness and a safety net is safer

    than using an access vehicle to save on costs. This lack of standardisation may leadto increased subjectivity whilst assessing risks and consequently lead different

    personnel to different conclusions about how safe performing an activity may be.

    Hindmarsh and Simpson suggest that people suffer subjectivity based on several

    physiological factors including context, familiarity, control, cost and benefit and

    likelihood of being caught. They go on to suggest that the variability of influence in

    individual risk perceptions makes it important not to rely on individual assessors

    (Hindmarsh and Simpson, 1996, p.63) and suggest that a committee should be used

    instead. Furthermore, to combat the potential reduction of financial outlay on

    Health and Safety, Hannam (1997, p.53) states that HSE consider that the amount

    spent by any business on training and H&S must be proportionate to the turnover of

    the business in question. However, without quantification, proportionate is a

    vague term.

    2.7. CRITICISMS OF RISK ASSESSMENTIt has been suggested that the sheer level of health and safety regulation is stifling

    some areas of the industry,

    in particular, small-scale local community and cultural events. Organisers []

    often find the myriad rules, regulations and legalities intimidating. They fear

    that they might face the cost of acquiring licenses and permits, and worry

    about navigating the legal system, so [] frequently come to the conclusion

    that it is not worth the effort (Baldenet al., 2012, p.198).

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    Further to this, Brett (1995, p.168) suggests

    good workingpractices have been established for most activities and when

    these are followed, the likelihood of serious injury or fatality is minimised []

    It is likely that in almost any situation the lack of application of common

    sense and responsible supervision may have a part to play.

    He also cites familiarity, repetition and tiredness as reasons for alteration of safe

    working practices, which lead to an increased chance of accidents.

    Hannam (2009, p.59) suggests there are financial implications of being legally

    obliged to produce risk assessments. Not only is there an added production cost, but

    the value of an individuals time is compromised with an extra work load. This is

    particularly true for anyone working as a freelance Production Manager (or

    equivalent); they are required to spend an amount of time producing risk

    assessments, increasing the amount of time spent providing a service to achieve the

    same result. If risk assessment processes were standardised, this may result in

    Production Managers having to spend less time producing risk assessments for

    generic tasks or potentially causing a compromise in safety if risks are not thoroughly

    considered. Alternatively, Hannam states the whole point about these assessments

    is that they should not just be a paper exercise (1997, p.13) and that practices

    should be constantly monitored in order to ensure they are working. If the

    responsible person wrote a risk assessment using a standardised method, that

    assessment may receive less attention in the long term, not be properly enforced or

    may not be revised with due attention.

    HSE (2003b, p.51) states that

    While there exists a large body of published material on the general topic of

    risk assessment and its application, very few references were found that

    include material of relevance to the critical review of methodologies or

    information on risk assessment pitfalls.

    The study they conducted as a result found a series of common faults with risk

    assessment; these can be found in Appendix 2.

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    Most relevant of these to this Literature Review include the use of a generic

    assessment when a site-specific assessment is needed, (if the site in question has

    unique risks or circumstantial hazards) and

    carrying out a detailed quantified risk assessment without first consideringwhether any relevant good practice was applicable, or when relevant good

    practice exists. Not involving a team of people in the assessment or not

    including employees with practical knowledge of the process/activity being

    assessed,

    leading to failure to identify all hazards associated with a particular activity and

    failure to fully consider all possible outcomes (HSE, 2003b, p.51).

    Although some hazards may require site-specific risk assessments, there are many

    items that will be general and can be sufficiently covered by a generic assessment.

    This would also alleviate the problem of not involving employees in creating control

    methods and failure to identify hazards. If assessments were already completed

    using advice from consultants and employees with a good practical knowledge of

    approved practice, time and expense may be saved. However, complacency brought

    about by this may lead to failure to consider all risks that are present.

    2.8. CHAPTER SUMMARYThis Literature Review has detailed the way in which legislation regarding health and

    safety risk assessment interacts with the practice of assessing risk and the way it is

    perceived by members of the industry. It has identified that there are no fixed rules

    regarding risk assessment in the HASAWA or MHSWR but there are some items that

    must be included by law. The event organiser, such as a promoter, is liable for the

    enforcement of this at an event and generally, a Production Manager or equivalent is

    responsible for the production of these documents. There was also debate over the

    impact of the broad nature of terminology in relevant legislation upon the scope and

    level of detail included in risk assessments in different given situations. It appears

    that there is however, a broadly negative attitude towards health and safety within

    the industry, something which research will attempt to establish a reason for.

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    2.9. CHAPTER CONCLUSIONThis Literature Review has examined documentation with varying levels of formality,

    from official legislative documents to informal commentary of risk assessment

    practice and theory. The process of production within the event management

    industry involves the logistical and technical facilitation of live events, within which,

    the protection of the welfare and safety of staff associated with the production is

    necessary under the HASAWA and MHSWR. The method by which these pieces of

    legislation dictate that a responsible person must ensure the welfare and safety of

    his or her staff is via the use of risk assessments.

    Drawing on the information gathered, several key issues have been identified: The

    first is that accidents are still occurring in places of work and according to Hannam

    (2004, p.28), up to 75% of these may be preventable which may be attributed to

    several factors. The open-endedness of many guideline documents (for example

    HSE, 2004; Hannam, 1997; Hughes and Ferrett, 2006) leaves much of the legislative

    terminology open to interpretation, particularly that regarding severity of injury and

    required level of detail. This provides potential for increased subjectivity in

    assessment of risk level and consequently, the level of detail and time given to risk

    assessments and the level of control measures put in place to assist in the reduction

    of those risks (Hindmarsh and Simpson, 1996). It is also possible that some

    conclusions in risk assessment may be reached as a result of financial and time

    constraints.

    In order to examine these theories in greater depth, research has been conducted to

    establish the extent to which subjectivity in the evaluation of hazards affects the

    control measures provided to reduce risk level and if standardisation of the risk

    assessment process is consequently necessary. The following chapter will explain the

    methods by which the research will be conducted and the limitations that will have

    to be considered.

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    3.METHODOLOGY3.1. INTRODUCTIONThe primary issue identified in the Literature Review was that of the potential for

    subjectivity in the risk assessment process as a result of vague terminology and lack

    of detail in relevant guidance documentation. The research conducted will assess the

    degree to which this subjectivity is a problem in practice, and if so, how the partial or

    complete standardisation of either risk assessment procedure or situation-specific

    control measures would affect this subjectivity.

    3.2. METHODS3.2.1.Chosen Data TypeThe information collected to provide the study with a basis for report and analysis of

    thoughts from within the industry will exist in the form of qualitative data. This will

    be collected using individual interviews, discussed in the Data Collection section of

    the Methodology (3.2.3). During these interviews, open-ended questions will invite

    discussion of surrounding topics to aid in the identification of any additional issues.

    Qualitative data provides a large amount of detail on a topic in the subjects own

    words, meaning statements have a high level of validity. There is also increased

    potential for complex answers as necessary, allowing more detail to be obtained

    (Yum, 1998). The method also allows a detailed picture to be built up about why

    people act in certain ways and their feeling about these actions (Kruger, 2003).

    Conversely, the length of time required to gain information means that more people

    can be studied in the same amount of time using quantitative methods. This,

    combined with the open-endedness of answers can also make it more difficult to

    generalise, and for consistent comparisons to be drawn (Anderson, 2010).

    However, because of the level of validity and depth of available information, the

    collection of qualitative data is the chosen method.

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    According to Whittlemore et al., the use of qualitative data puts the validity of the

    results at risk. He suggests that the researcher may be drawn to subjective

    conclusions because information is convenient or related to the expected outcome.

    In order for research to be fully valid, the researcher must not lose sight of the

    original intentions of the study by focusing on methods and procedure, he or she

    must be unbiased and focus on the original objective of the research to gain the

    most valid data (2001, p.543).

    3.2.2.SampleIn order to assess the subjectivity and practical viability of standardisation, the

    population consists of staff with industry experience of dealing with risk assessment

    procedure. The population comprises of technicians, working in both theatre and

    music, across various technical specialisms in both freelance and contract capacities.

    They must not be too new to the industry not to be aware of the use or application

    of risk assessments. Using staff in technician positions should mean they understand

    risk assessment procedure and at least some of the legislation involved. They will

    also deal directly withthe control measures put in place by staff above them.

    This sample has been selected using convenience sampling. Cresswell and Maietta

    (2002, p.55) state that this is the process of selecting sampling units by some form

    of random sampling. In this case, the sample has been selected based on accessible

    population, combined with a spread of roles within the event production industry.

    Interviewees in this cross section were then selected as a sample group. The selected

    subjects perform a variety of different roles across the industry, but all involve

    health and safety management and regular contact with risk assessment procedure

    and control measures. Each interviewees industry position has been indicated in

    Table 1. Cresswell and Maietta (2002, p.55) do, however, suggest that there is a risk

    of duplication or omission of parts of the sector if care is not taken.

    The sample selected contains five event and health and safety professionals who

    deal with health and safety on a regular basis.

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    Many of them are also able to identify changes in perception and acceptance of

    health and safety across the industry since relevant legislation was introduced. Their

    professional status and experience suggests they are competent and able in the

    completion of risk assessments and the design of control methods, sufficient to

    reduce risk level. For these reasons, they are able to suggest the impacts that

    standardisation may have, along with other recommendations for improving risk

    assessment practice, guidelines and legislation.

    Below is a table of interview participants with a summary of their professional

    activity and the reasons why they were chosen as interviewees.

    Participant

    and industry

    position

    Professional Summary Reason Chosen

    Interviewee 1

    Festival

    Producer

    This multi-scale Event

    Producer has experience

    of primarily outdoor

    festivals with capacities of

    between 1,000 and 15,000

    for the past three years.

    This participant regularly produces risk

    assessments for events, sometimes in

    conjunction with a Production Manager.

    They also spent ten years working in health

    and safety in construction so are able to

    draw comparisons between the two

    industries and what the event industry maybenefit from.

    Interviewee 2

    Venue

    Production

    Manager

    A Venue Manager

    overseeing all technical

    aspects of several 500

    capacity venues around

    London for the past two

    years.

    This participant has seen a significant

    increase in the presence of health and

    safety procedure during their time working

    as a freelance technician, Venue Technician

    and Venue Production Manager over the

    last ten years. They now deal directly with

    risk assessments on a very regular basis,

    writing their own for the venue in which

    they are Production Manager.

    Interviewee 3

    Crew Chief

    Overall coordination of up

    to 100 local crew in a

    major UK arena for the

    past two years

    Even in their short time working in this job

    role, this participant has observed

    considerable changes in attitudes towards

    health and safety at the large-scale end of

    the industry. They have a comprehensive

    understanding of the production process

    and all its hierarchal levels and their

    respective responsibilities. As a

    consequence, they have a sound knowledge

    of risk assessment procedure and its affect

    on different levels in an organisation.

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    Participant

    and industry

    position

    Professional Summary Reason Chosen

    Interviewee 4

    H&S Advisor

    (music

    performance)

    Working in the event

    industry for over 40 years,now considered a leading

    industry expert in health

    and safety in event

    production. They also

    created the Safety Pass

    Alliance (SPA) Live Event

    Safety Passport Scheme.

    This interviewee spent time as Production

    Manager for one of the worlds largestgreenfield music festivals, at which point

    they became aware of relevant legislation.

    Since then, they have written several books

    and papers about both health and safety in

    general and risk assessment specifically.

    Interviewee 5

    H&S Manager

    (culturalevents)

    Working on large scale,

    high budget events for six

    years, Health and Safety

    Manager for one of the

    largest events in the UK in

    2015.

    This interviewees main job role is the

    writing and approving of risk assessments

    for their own company and sub-contractors.

    They advise companies and help bring them

    up to the high standards of their employing

    company using extensive knowledge of

    relevant legislation.

    Table 1: Summary of professional activity and reasons for choosing interview

    participants

    3.2.3.Data CollectionData was collected via individual interviews with subjects. These interviews were

    semi-structured so that conversation could be in more depth. It is suggested by

    Langley (1987, p.24 cited in M.K., 2010) that these in-depth, less structured

    interviews are more valid. A less formal interview may also encourage the subject to

    be more open and honest, a fact particularly relevant to this study, as there is

    potential for answers to be of a compromising nature. The lengthy nature of this

    style of interview also meant that fewer interviews could be conducted than by using

    a more structured style, however, using this method allowed subjects to discuss, at

    length, what they perceive as key issues on the topic. As points of interest arose,

    they could be discussed further by the interviewer and interviewee, which in turn

    revealed previously unexplored areas of relevance.

    Several other methods of data collection were considered; these were via group

    interview and by survey.

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    In comparison to individual interviews, discussion between interviewees in group

    interviews may result in new ideas being generated and discussed. The Institute of

    Customer Studies (2012), Kitzinger (2004, p.269) and Seale (2004, p.254) all agree

    that they help in providing a more naturalistic environment since people are

    influenced in what they can say and do by the presence of others. However,

    opinions may be over-emphasised or not fully articulated if an interviewee is less

    confident in their ideas or experience. Furthermore, this environment may cause

    some interviewees to be reluctant to share sensitive information (Institute of

    Customer Studies, 2010). For this reason, the method was rejected. The chosen

    method is also subject to the same issue of the interviewees being reluctant to share

    sensitive information; in order to avoid this, interviews were conducted

    anonymously. In order to re-create this naturalistic environment in an individual

    interview setting, Oakley (2004, p.254-5) suggests researchers

    ought to tell interviewees about their own experiences so that the

    encounter becomes a mutually co-operative event [so that] the level of trust

    and commitment is likely to generate more authentic information.

    For the purposes of preserving anonymity some names of events, personnel and

    companies have been excluded. There are instances in which companies or

    individuals have been named which could be interpreted as libel so these titles have

    also been excluded. Full interview transcripts can be found in Appendix 3.

    Surveys were also considered for this study. Surveys are easier to develop than

    interview questions and are more convenient because they can be remotely

    administered.

    The information supplied by them is also primarily quantitative, making it easier to

    present clearly. However, the closed nature of the answer options provides a validity

    rate lower than interview methods. This method also limits depth of discussion and

    it is primarily for this reason that the method has been rejected (Wyse, 2012).

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    3.2.4.Interview ContentJones (2004, p.258) suggests that over-structuring of questions can become an issue.

    There is a risk that an interviewer has already predicted [] what is relevant and

    meaningful to their respondents about the research topic and in doing so, have

    significantly prestructured the direction of the enquiry. As a result of these

    subconscious choices, a level of structure and direction for the interview is added.

    The interviewer must ensure their own values and theories are not getting in the

    way of understanding those of the respondents (2004, p.259). To combat this,

    information will be received in an open manner. The interviewer will limit the range

    of topics discussed, however, the opinions given during that discussion, whether

    agreeing or disagreeing with the hypothesis of study, will be taken into account.

    In order to gain a breadth of information and allow previously unconsidered topics

    to be discussed, questions have been written in an open manner so subjects are not

    lead to conclusions by the interviewer. Below is a list of questions asked in

    interviews and a rationale behind them.

    Question Rationale

    What has your involvement with risk

    assessment been during your career?

    To establish the level of knowledge and

    previous experience the interviewee has

    with risk assessing and using control

    methods.

    In your experience, has there been any

    change in perception and application of

    health and safety in the industry?

    To establish the extent to which changes

    indicated by research have been felt by the

    interviewee.

    To what extent are you aware of relevanthealth and safety legislation such as

    HASAWA and RIDDOR? Have you ever read

    these? What is the effect of responsible

    persons completing documentation using

    received understanding of legislation?

    To establish whether or not the intervieweeis aware of the content of relevant

    legislation and if so, their opinion on it.

    Furthermore, the effect any lack of direct

    contact with this has.

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    Question Rationale

    There are various statements within

    HASAWA such as guidelines like the level of

    detail in a risk assessment should be

    proportionate to the risk HSE (2004, p.6),and that insignificant risks can be ignored.

    Risk assessments conducted should also be

    suitable and sufficient (HSE, 2004, p.6).

    What do you think of the use of terminology

    like this? Does its open nature enable or

    hinder? Does this invite unnecessary

    subjectivity?

    Does the interviewee think the terminology

    is too vague or that this is necessary because

    of the number of different things risk

    assessments have to cover and the differingcircumstances in which they have to be

    applied.

    If either the content or the structure of risk

    assessments were to be either fully or partly

    standardized, what would the implications

    be? Can you give examples of circumstances

    in which this would assist or obstruct process

    or control measures?

    To establish the interviewees opinion

    whether or not full or partial standardisation

    is possible and if it would then work in

    practice.

    Are there any other methods you think could

    be used to improve legislation, guidelines or

    practice in assessing risk?

    Are there any other changes, aside from

    standardisation, that the interviewee

    believes could improve risk assessment

    procedure in terms of both health and safety

    and financial outlay.

    Table 2: Interview questions with rationale

    3.2.5.EthicsMcNiff et al.(1996, p.101-2) suggest that there are some ethical issues involved in

    the interview process. They advocate that if possible, the interviewer should explain

    the rationale for the research, that the interviewer should not deceive people in

    order to get (the interviewee) to impart information and the interviewer should be

    prepared to maintain complete confidentialityif this is requested or promised.

    3.2.6.ProcedureThe interviews will be conducted either face-to-face, via telephone call or via video-

    conferencing software such as Skype or FaceTime, allowing access to subjects who

    may be geographically out of reach.

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    As interviews are still effectively face-to-face, the main issue is possible technical

    failure, such as poor internet or telephone connection. If problems arise regarding

    this, the conversation will be stopped and resumed when an adequate connection is

    available. Data will be audio-recorded during interviews using software on a mobile

    device and then transcribed. The primary pitfall of this method is that it leaves the

    interviewer with a lot of information to transcribe, consider and analyse. There is

    also risk of technical failure and loss of original files. To combat this, two separate

    recording devices will be used and files will be stored online.

    Whilst reviewing the interview recordings it became clear that small sections were

    inaudible. As a second recording could not be made, the transcriptions of theseinterviews indicate when audio quality was too low to be heard. However, these

    sections are broadly names of personnel or parts of connecting sentences and

    although this is inconvenient, it is not detrimental to the coherence of the transcripts

    and does not impede gathering of information from them.

    3.3.

    IMPORTANCE AND LIMITATIONS

    3.3.1.Importance of StudyAs is evidenced in the Literature Review of this study, accidents still take place,

    despite the existence of control measures such as HASAWA and RIDDOR. There is

    also a suggestion that up to 75% of these accidents may be avoidable (Hannam,

    2004, p.27). Hannam (1997) suggests that legislative guidelines on risk assessments

    must be made clearer, and an assessment of the degree of subjectivity present in

    risk assessments would assist in evidencing a need for new, clearer guidelines to be

    issued.

    Furthermore, examining standardisation as a solution for the reduction of

    subjectivity will provide research upon which to draw for anyone intending to

    research the improvement of risk assessment legislation.

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    The study therefore will be useful for several parties; anyone seeking to improve

    their own risk assessment procedure may use the study to assist in the identification

    and control of any subjectivity present in their procedure. Additionally, anyone

    seeking to make recommendations towards the improvement of legislation or

    guidelines may find both subjectivity and standardisation useful areas for further

    research.

    It is also important to note the context of health and safety and risk assessment

    within management. A manager is ultimately responsible for the welfare and safety

    of those involved in the event, including audience, performers and production staff.

    If serious injuries occur it is not unusual for liability to be traced back to eventmanagement such as a promoter, despite the likelihood that they had no direct

    involvement with the incident and management can be penalised with serious fines.

    The reasons for this are discussed further in the Legislation section of the Literature

    Review (2.6).

    3.3.2.Limitations of the studyThe primary limitation of the study is its scope. Ideally, more subjects would be

    interviewed to give a more accurate and wider impression of opinions on the topic.

    This would in turn, increase reliability (Langley, 1987, p.24 cited in M.K., 2010). In

    order to increase the scale of the study, between 30 and 40 subjects would be

    required, which, combined with the amount of time required to analyse this quantity

    of data, would make this increase in size unviable in the time allotted to complete it.

    The second limitation is that of accuracy. Although care has been taken to use

    interviewees with sound knowledge and experience of health and safety in the event

    industry, it cannot be ensured that all facts supplied are correct. Any facts given by

    interviewees regarding legislation, which are used during the analysis, will be cross-

    referenced to ensure their accuracy.

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    DATA ANALYSIS

    Based on the models suggested by Cresswell and Maietta (2002, p.147), the method

    of data analysis will be to identify narrative aspects such as stories, themes,

    descriptions and assertions. In this type of collection, the stories constitute as the

    data (Cresswell and Maietta, 2002, p.147). The transcripts generated from this data

    collection provide the raw data for researchers to analyze [sic] as they retell or

    restory based on narrative elements such as problems, actions and resolutions

    (Ollerenshaw & Cresswell, 2000 cited in Cresswell and Maietta, 2002, p.149).

    Perakyla (2004, p.325) suggests that the quality of transcribed data may be

    dependent on the audio quality of the original recording, but as mentioned, multiple

    recordings will be made to ensure at least one good quality recording. However,

    during the transcription process, prosody (rhythm of speech) and intonation may be

    omitted, providing a document that may not accurately display the interviewees

    comments. However, it would be beyond the scope of this research paper to analyse

    prosody, intonation or tone of voice as the parties analysing the data are not

    qualified to do so.

    In order to analyse this data, transcripts of conducted interviews will be reviewed. In

    each transcript, statements and concepts considered to relate directly to any of the

    questions will be highlighted and summarised so they can be easily located in the

    documents. This information will then be compiled into a summary table of findings,

    in which conflicting and common opinions and suggestions can be identified, as data

    is analysed question by question. Any additional points that are raised in more than

    one document that do not relate directly to an individual question will also be

    highlighted, and if patterns are found to occur, findings will be reported and

    analysed.

    If an alternative method of data analysis was to be required or if this process were to

    be repeated, the method of coding would be used. Strauss and Corbin (2004, p.303)

    state that this is the method of highlighting phenomena in raw data to identify

    categories into which patterns of consistent or conflicting information can be sorted.

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    This would be grouped according to relevance to questions asked during the

    interviews.

    3.4. REVISIONS TO METHODOLOGYDuring interviews, it became apparent that the part-question Have you ever read

    (relevant legislation such as HASAWA and RIDDOR)? was too leading and was

    generating brief and simple answers. Further to Jones (2004, p.258) comment about

    over structured questions, it was changed to What is the effect of responsible

    persons completing documentation using received understanding of legislation?

    This question proved to be considerably more insightful and constructive in gaining

    information from interviewees. Although these questions appear different, the latter

    question assumes most responsible persons do not read relevant legislation (as

    evidenced in interview findings) and so seeks to establish the implications of this.

    3.5. CHAPTER SUMMARYThis section has identified the purpose of the study and the type of data that will be

    collected in order to address the question posed along with advantages and

    disadvantages of that data type. Qualitative data will be collected via individual,

    semi-structured interviews in person, via telephone call or via video-conference; the

    advantages and disadvantages of this method have been identified alongside a

    discussion of other methods that were considered. The questions that will be posed

    to the interviewees have also been listed and their rationales and links to secondary

    research explained. The population, frame and sample of event technicians have also

    been discussed and the method by which the data collected will be analysed has

    been explained.

    Finally, the importance of the study has been discussed, primarily the fact that

    despite legislation being in place, potentially avoidable accidents are still occurring.

    Limitations, including the restricted scope and possible control measures have been

    highlighted and considering these, parties that may find the study useful have been

    identified.

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    The next chapter of this study will summarise and examine the results of the

    interviews, analyse them and attempt to identify any conclusions that can be drawn.

    Where possible, it will make recommendations for potential improvements or

    measures that can be taken by responsible persons to address any pitfalls that are

    identified.

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    FINDINGS AND ANALYSIS

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    4.FINDINGS AND ANALYSIS4.1. INTRODUCTIONThe previous chapter discussed the methods by which research would be conducted

    into the effects of health and safety risk assessment legislation on its practice and

    consequent industry attitudes towards it, alongside the advantages and

    disadvantages of each approach. This chapter details the findings of those interviews

    and analyses the raw data supplied by interviewees. The topics discussed appear in

    the same order as in the Literature Review for ease of understanding. Full transcripts

    of the interviews can be found at Appendix 3.

    Detail of interviewees backgrounds and a rationale for their suitability for this study

    can be found in Table 1in the Sample section of the Methodology (3.2.2). A list of

    guide questions that were posed to each of the interviewees can also be found in

    Table 2 in the Interview Content section of the Methodology (3.2.4).

    4.2. EFFECTS OF HIERARCHYThe Venue Production Manager (2014), Crew Chief (2014) and H&S Advisor (2014)

    agreed that staff low down in the production hierarchy, such as local crews, are

    often not aware of and do not understand the application or need for risk

    assessments written to protect them from common hazards. The Crew Chief (2014)

    stated that they never understood the necessity for risk assessments and that their

    importance is not fully understood at the bottom of the ladder. The H&S Advisor

    (2014) also agreed that this was a problem.

    In contrast, the Venue Production Manager (2014) gave an example of a mid-scale

    council-run music festival they had worked on at which no safety lighting was

    supplied for the night time get-out, a responsibility that falls to the client. However,

    the crew at the show carried on with the job regardless, despite admitting that, if

    their employer had been contacted regarding the situation, they would have

    recommended that the job be left until the morning.

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    The interviewee suggested that the crew did not want to let down their employer.

    This could illustrate either a disregard or lack of proper understanding of health and

    safety compliance during that performance, potentially at the fault of the employer,

    and demonstrates a lack of understanding of responsibility from the overall client,

    (in this case, the relevant council), a particular culture within the organisation or the

    effects of high time pressure on the event.

    During the production of several festivals (ranging in capacity from 1,000 to 15,000

    people), the Festival Producer (2014) has attempted to arrange Event Safety

    Advisory Group (ESAG) meetings to which have been invited relevant authorities

    and bodies and that generally involves the council, environmental health, police, firesafety group. On the five or so occasions when these meetings have been planned

    in the past year, none had yet taken place. They have been turned down, because

    in their mind there are more important things to do(Festival Producer, 2014).

    These examples suggest that even some personnel at higher levels do not

    understand their legal obligations regarding health and safety.

    At lower levels in the hierarchy, much of the feedback from interviewees on the

    topic reflected a lack of understanding of the process and the necessity for it,

    resulting in a feeling of hostility towards the practice and a reduced desire to

    comply. The Venue Production Manager (2014) recalled an instance when a ceiling

    was being painted whilst standing on a table which collapsed and, although no one

    was hurt, the interviewee agreed with the fact that most minor injuries occur simply

    when corners are being cut. The Responsible Person(s) section of the Literature

    Review (2.4) discusses which members of staff are responsible for producing risk

    assessments for hazards. Other theories on perception and potential solutions to

    combat these are discussed in the following section.

    4.3. PERCEPTIONSources examined in the Literature Review indicated that attitude and perception

    towards health and safety and risk assessment were often poor.

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    There was also indication that some larger companies were amongst the number

    with this lax attitude towards health and safety, with some smaller companies

    displaying much better standards. The H&S Advisor agreed and also suggested that

    there are currently four groups which summarise attitude towards health and safety

    compliance amongst equipment hire companies within the industry:

    The first group suggested do absolutely nothing; they make no effortstowards health and safety compliance at all.

    Group 2 have all the necessary paperwork in place so that when theyreasked for it by their clients [] they can produce some generic documents,

    which they give, together with their insurance documents and that seems to

    satisfy. The name of a high profile promoter that fits into this group was also

    given.

    Group 3 have all the documents in place (and usually have corporatebranding all over them) and promote themselves in being the leaders in

    health and safety [] and in fact they dont actually do anything.

    Group 4 have all the documents in place and they try and do it properly;there is a small minority that really try hard to do it properly and work hard

    at it(H&S Advisor, 2014). Several examples of high profile companies were

    given that fit into this particular group.

    (H&S Advisor, 2014).

    Despite this summary, the Venue Production Manager (2014), Crew Chief (2014),

    H&S Advisor (2014) and H&S Manager (2014) agreed that there had been a notable

    change during their time in the industry (the Festival Producer had not been involved

    in the industry long enough to comment). The Venue Production Manager suggested

    that they believed that amongst technicians, there were several schools of thought

    on the matter; some believe that it is over the top (and admitted they were one of

    those people) and that it can sometimes hinder the outcome of a performance or

    the potential for a performance(Venue Production Manager, 2014).

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    Others believe it is fully necessary; they went on to say that it shouldnt be life or

    death in this industry, we should do everything safely and no one should risk their

    life for entertainment(Venue Production Manager, 2014).

    The Crew Chief (2014) noted that, when they started working in UK arenas, Personal

    Protection Equipment (PPE) was not compulsory for crew but now there is a country-

    wide agreement in place so even cleaners working on the arena floor and stalls are

    required to wear hi-vis (high visibility) jackets, steel cap boots and hard hats. The

    Venue Production Manager (2014) also referenced the existence of the Facebook

    group Dodgy Technicians which is an open page to which event staff can post

    stories and photos of shody [sic] workmanship you have witnessed in the []Entertainment Production Industry (Horn et al., 2014) as proof alone there is not

    enough legislation to enforce it (health and safety in the industry).

    The reasons for this attitude appear to be ingrained into the industry; both the time

    and costs associated with health and safety management have a significant impact

    on its application. The Venue Production Manager suggested that not enough time is

    available to do things in a healthy and safe manner because an extra day [] costs X

    amount more(Venue Production Manager, 2014). It is clear however, from the

    responses of both the Venue Production Manager (2014) and the Crew Chief (2014)

    that new regulations such as the compulsory use of Personal Protective Equipment

    and the employment of staff with the sole duty of looking for health and safety

    breaches would be advantageous. All of the parties contacted were aware of the

    importance of health and safety, yet breaches still take place. The Crew Chief

    suggested that In high budget (arena) performances at least, (health and safety) is a

    huge factor and is taken very seriously(Crew Chief, 2014).

    The H&S Manager suggested that this increase has, in fact, become a hindrance

    because, as a Health and Safety Manager, in some cases they have had to drag

    them (companies) up (to standard) kicking and screaming, whereas in others, just

    need to be made more aware of what they need to do (H&S Manager, 2014).

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    Further to this, the Festival Producer (2014) suggested that companies should be

    made more aware of their legal responsibilities because, on occasion, they had had

    to introduce event organisers to necessary health and safety documentation, just in

    the last two years. The interviewee pointed out that there had previously been no

    one enforcing it to the managers or on-site staff during the festival.

    This suggests that some parties are not aware that by law, they must ensure that

    staff are using sufficient documentation and safe practice, and if an issue does occur,

    they will be held liable. If this were more widely understood, clients may choose to

    take more responsibility and invest more resources in ensuring requirements are

    fulfilled. The Crew Chief (2014) highlights this point, stating that the over-archingcompany should reinforce the importance of health and safety to the Production and

    Stage Managers.

    4.4. LEGISLATION4.4.1.Awareness and UnderstandingAccording to The H&S Advisor (2014), at the time s/he became aware of new

    legislation in 1992, they were the first at a major industry conference to have done

    so. The H&S Advisor (2014) also mentioned that at this conference they were

    berated at the suggestion of the use of risk assessments and that others denied its

    existence. The H&S Manager (2014) suggested that there are two groups of

    understanding in the industry; those that understand legislation and are able to

    interpret it correctly and produce adequate documentation, and those that simply

    cannot because of lack of understanding. However, the interviewee went on to say

    that the company in question invests extensive resources in education to ensure

    that we are the leading agency in our field(H&S Manager, 2014), a luxury that is not

    always available to companies with fewer resources.

    All interviewees were aware of legislation but only the H&S Manager had consciously

    read any content from HASAWA.

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    The Venue Production Manager on the other hand, had completed risk assessments

    previously but could not recall any specific details about legally required risk

    assessment content. Both the H&S Advisor (2014) and the H&S Manager (2014)

    agreed that, although reading of legislation may not be completely necessary,

    research into it is necessary in order to gain a sound understanding of what is

    required.

    The Festival Producer (2014), H&S Advisor (2014) and H&S Manager (2014) drew

    comparison with the construction industry regarding awareness of legislation,

    discussed further in the Construction Design and Management Regulations (CDM)

    section in Appendix 4.The Festival Producer (2014) opened their interview bysuggesting that they do not think there is nearly the same level of attention to health

    and safety in the event industry as there is in construction, despite some comparable

    activities and suggested that more training into its content should be necessary.

    4.4.2.StandardisationIn the Literature Review, the possibility of the standardisation of risk assessments

    was discussed. This concluded that, although there are legal minimum requirements

    for the content of risk assessments, when responsible persons are required to

    produce their own set of assessments, the openness and consequent lack of

    structure of the guidelines may not only have financial implications but could impact

    on the welfare of people involved in the production. Financial implications could be

    as a result of hiring an advisor, the time required to complete the process or develop

    a custom one. The Venue Production Manager (2014) suggested that risk

    assessments Should be structured in a matter of fact way, standardised. I mean,

    you need someone to put in a law basically to make it happen the way it should as

    opposed to people interpreting it(Venue Production Manager, 2014). The Festival

    Producer (2014) also suggested that a template should be provided by the HSE to

    assist those inexperienced in the completion of risk assessments to do so.

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    Conversely, the H&S Advisor (2014) believed the system in place is perfectly

    adequate and stated that the minimum requirement is given in the relevant

    legislation; explained by Hannam in the Risk Assessment Process section of the

    Literature Review (2.3). This interviewee pointed out that generic risk assessments

    used by many companies, should be replaced by site-specific assessments,

    concurring with the idea suggested in the Criticisms of Risk Assessment section of

    the Literature Review (2.7).

    The Crew Chief (2014) and the H&S Advisor (2014) further suggested that there are

    too many variables to have a generic format or a generic assessment for each

    hazard. The Crew Chief (2014) however, suggested that even if standardisation werein place, mistakes would still be made by crew members and injuries would still

    occur.

    Putting standardised methods in place would however, alleviate the issues raised in

    the Literature Review of there being potential for responsible persons to assess the

    level of risk involved in an activity with a view to financial benefit. The H&S Advisor

    (2014) pointed out that a Production Manager completing risk assessments faces a

    conflict of interest. The person in this position aims for the best value, quickest and

    simplest method to make a performance happen and having to conform to health

    and safety guidance may be counter-productive to these objectives. Standardised

    risk assessments would be likely to be used for the same reasons, which would also

    ultimately create a conflict of interest. For the same reasons, a Production Manager

    may not be able to properly complete a risk assessment, therefore standardisation

    of risk assessments has not been considered as a potential method of improvement.

    4.4.3.TerminologyThe Literature Review discussed the implications of open terminology in legislative

    documents and the interviewees were asked what implications they thought this had

    on the practice of risk assessment, including the suggestion that if the method for

    completing risk assessment was unclear, the resulting solution may be subjective.

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    However, the H&S Advisor (2014) and the H&S Manager (2014) agreed that the

    openness of terminology was necessary because of the number of variables involved

    in each individual hazard requiring risk assessment. Both also agreed that the reason

    for this terminology is to avoid prescriptive legislation.

    The H&S Manager (2014) added that this terminology was only a hindrance to those

    that did not understand the legislation and requirements, (a matter which is

    discussed further in the Competence section of Findings and Analysis (4.5)) and that

    it is helpful because it forces the people producing the documentation to think

    through the process and qualify the reasons why it is safe and practicable. This is

    aided by the fact that codes of practice are also being slowly removed in place of lessrigid guidelines that suggest how to perform tasks instead of stating what should not

    be done.

    In contrast, the Festival Producer (2014), Venue Production Manager (2014) and the

    Crew Chief (2014) suggested that there should be more formalised rules because

    interpretations are too varied; a method should have to be qualified. Notably the

    Crew Chief (2014) suggested that there should be legal and standard codes for

    practice put in p


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