Part III: Industry Standards: Child Performers Guideline

• ISBN: 978-1-4249-3968-8
• Revised: June 2009
• Content last reviewed: June 2009
• PDF Version [ 132 kb/ 26 pages | Download Adobe Reader ]

Even though the industry standards in Part III of this guideline do not fall within the scope of the Occupational Health and Safety Act, the Ministry of Labour recognises these additional industry-supported standards as part of a broader commitment to the health and safety of child performers. Workplaces within the entertainment industry are strongly encouraged to incorporate them into their workplace practices.

Emergency Contact and Medical Information

A parent of a child performer should provide the child's employer with current contact and emergency telephone numbers, the child's health card number, the name and number of the family doctor and pertinent medical information that would be useful in an emergency.

A parent of a child performer should complete and sign an emergency medical authorization form.

Appointment of a Chaperone

The parent of a child performer may authorize, in writing, a chaperone to care for the child and act on his or her behalf. The chaperone must be an adult, and must not be a member of the production team.

Parental Accompaniment

Live Performance

Where an infant or child performer is less than 2½-years-old, a parent should accompany him or her at all times while at the workplace.

Film, Television, and other Recorded Media

Where a child performer is less than 16-years-old, a parent should be at the location and accessible to the child performer at all times when the child performer is on set, accompany the child performer to and from the set, and accompany the child performer to hair, makeup and wardrobe.

When more than one infant performer of a parent is engaged on the same production at the same time, it is the responsibility of the parent to ensure that there is one adult to accompany each infant.

Provision of Information to Parents

At the Time of Engagement

The employer should discuss the terms and conditions of engagement, including the script, exposure to scenes that include nudity or coarse language, any scenes that may cause psychological or emotional stress, the location of the work, and the hours of work, with a parent of a child performer. The parent should be informed of all known health and safety hazards to which the child may be exposed, and any special skill, special effect, or directed activity that will be performed. Wherever possible, the child performer should be included in these discussions.

The employer and the parent should discuss health and safety issues and other issues and agree on any precautions to protect the child performer. In the live performance industry, the agreement should be confirmed in writing.

The employer should provide the parent, and where appropriate the child performer, with copies of this Child Performers Guideline and Procedure for Work Refusal.

During the Engagement

A parent should be included when a child performer is given orientation training to the workplace. Parents should also be included when a child performer is made aware of all known hazards of his or her work environment and of the specific activities to be performed.

The parent should be informed of changes to the script and to any special skill, special effect, or directed activity that will be performed, if the change involves the child. The parent should be informed about any changes to scenes that include exposure to nudity or coarse language or to scenes that may cause psychological or emotional stress. Both parties should agree to any such change before the child is required to rehearse or perform the changed scene. In the live performance industry, the agreement should be confirmed in writing at the earliest opportunity.

Reporting and Resolving Health and Safety Concerns

Under the OHSA, a worker has the right to refuse work where he or she has reason to believe that the physical condition of the workplace or any machine, equipment, device, or thing that he or she is to use is likely to endanger him, her, or another worker. There are circumstances where a child performer will not have the knowledge, forthrightness, or verbal skills to be able to recognize unsafe work. Therefore it is the responsibility of all adults at the workplace to look out for and protect the health and safety of child performers.

Anyone charged with the care of an infant or child performer (such as a parent, chaperone, minor's co-ordinator, or tutor) should take factors such as working conditions, physical surroundings, signs of the infant's or child's mental or physical fatigue, and the demands placed upon the infant or child and advise the parent, the employer, the supervisor, etc., if, in their judgement, conditions are such as to present a danger to the health or safety of the infant or child.

The employer should encourage child performers and all adults in contact with child performers to identify health or safety concerns, and to bring them to the attention of the child performer's supervisor. Adults should be sensitive to the distress or discomfort expressed by infant or child performers, which could be an indication of health and safety issues.

The infant or child performer's supervisor should respond immediately to concerns by stopping the work, having a discussion with the child performer, and the adults charged with the care of the infant or child, attempting to resolve the issue and, if necessary, taking corrective action. If there is no resolution to the concern, the supervisor should refer the concern to the next level of supervision.

Travel to and from the Workplace

Live Performance

The parent and the employer should agree in writing on suitable arrangements for transportation of the child performer to and from the workplace before the engagement begins.

Where a child performer is less than 10-years-old, he or she should not travel unaccompanied from the workplace. The child should be released only into the care of a person authorized by the parent. The parent should provide the employer with the names and contact information for people that they authorize to receive the child at the end of the workday.

Where a child performer is between 10 and 15-years-old, he or she may travel unaccompanied from the workplace, with a parent's written permission.

Film, Television, and other Recorded Media

The parent and the employer should agree in writing on suitable arrangements for transportation of the child performer to and from the workplace before the engagement begins. For more information, see the section on Parental Accompaniment.

Where a child performer is less than 16-years-old, a parent should accompany the child at all times while travelling to and from the workplace.

Overnight Travel

If it is necessary for a child performer to be away from home overnight, the child should be accompanied by his or her parent at all times that the child is away from the workplace.

Care of Child Performers at the Workplace

As outlined in Part I of this guideline, the employer must provide supervision to a child performer to protect his or her health or safety (under clause 25(2)(a) of the OHSA). The adult supervision provided to the child performer should be appropriate to the risk level present in the workplace, and to the age(s) and number of children present.

Live Performance

A child performer should be cared for at all times while at the workplace. In the live performance industry, the person who is appointed to care for and supervise child performers is called a "child supervisor". This person should not be confused with the "supervisor" having statutory duties under the OHSA with respect to the child performer.

A sufficient number of "child supervisors" should be provided, depending on the age(s) of the child performer(s) and the circumstances. When the children are not rehearsing or performing, the "child supervisor" should not leave them unattended. When the "child supervisor" is on a break or otherwise unavailable, there should be an authorized suitable replacement. Where possible, a consistent "child supervisor" should be appointed for the length of the production to supervise the children.

Where an infant or child performer is less than 2½-years-old, a parent should accompany him or her at all times while at the workplace.

Where the lowest age of child performers is between 2½ and five years, there should be at least one "child supervisor" for every six child performers present.

Where the lowest age of child performers is between six and nine years, there should be at least one "child supervisor" for every 10 child performers present.

Where the lowest age of child performers is between 10 and 15 years, there should be at least one "child supervisor" for every 15 child performers present.

Film, Television, and other Recorded Media

A child performer should be cared for at all times while at the workplace. When a child performer is engaged, one individual on each set or location should be designated as the "minor's coordinator" to coordinate all matters relating to the welfare and comfort of the child performer(s). On any set on which six or more child performers are engaged, the primary responsibility of the "minor's coordinator" should be the welfare and comfort of the children, in which case "minor's coordinator" should not double as a tutor, unless all child performers are being tutored at the same time.

The parent(s) should be given the name of the individual designated as the minor's coordinator.

Hours of Work

As outlined in Part II of this guideline, the hours of work should be appropriate to the age of the infant or child and should take into account his or her need for sleep, physiological needs, and response to workplace conditions. The hours of work may include the length of the workday, the length of the workweek, the start and finish times of work, and the time off between shifts.

Live Performance

Before the engagement, the employer and a parent of a child performer should agree on the rehearsal and performance schedule to be undertaken by the child.

For the purpose of this section only, school hours will be calculated as the span of time between the commencement of classes and dismissal. Work hours will be calculated as the span of time between beginning of the first work call and release.

Where a child performer is between 2½ and five-years-old, work hours should not exceed 32 hours in a six-day workweek, with no more than two eight-hour days. The child should be released from the workplace if not appearing in the last act or section of the performance.

Where a child performer is between six and nine-years-old, the combination of school and work hours should not exceed ten hours a day, when the child is attending school. He or she should be released from the workplace if not appearing in the last act or section of the performance.

Where a child performer is between 10 and 15-years-old, the combination of school and work hours should not exceed ten hours a day, when he or she is attending school.

Film, Television, and other Recorded Media

Where an infant or child performer is less than 12-years-old, he or she should not spend more than eight hours a day at the workplace, excluding meal breaks.

Where a child performer is between 12 and 15-years-old, he or she should not spend more than 10 hours a day at the workplace, excluding meal breaks.

Where a child performer is 16 or 17-years-old, he or she should not spend more than 12 hours a day at the workplace, excluding meal breaks.

Every infant or child performer should have at least 12 continuous hours off between work shifts. Where the child performer is less than 12-years-old, the 12 hours is calculated as "door to door". Where the child performer is between 12 and 17-years-old, the 12 hours is calculated as "set to set".

Breaks

As outlined in Part II of this guideline, food and rest breaks should be scheduled with a frequency that is appropriate to the age of the child performer.

Live Performance

Regular breaks should be scheduled as defined by industry standards, but in no case should they be less than 10 minutes for every two hours of work.

Film, Television, and other Recorded Media

Where an infant or child performer is less than three-years-old, he or she should have a minimum 20-minute break after 15 consecutive minutes before the camera or under lights.

Where a child performer is between three and five-years-old, he or she should have a minimum 15-minute break after 30 consecutive minutes before the camera or under lights.

Where a child performer is between six and 11-years-old, he or she should have a minimum 10-minute break after 45 consecutive minutes before the camera or under lights.

Where a child performer is between 12 and 15-years-old, he or she should have a minimum 10-minute break after 60 consecutive minutes before the camera or under lights.

Where a child performer is between 16 and 17-years-old, he or she should have a minimum 5-minute break after 60 consecutive minutes before the camera or under lights.

Food

Information on a child performer's food sensitivities should be collected before he or she is provided with or exposed to foods.

In the film and television industry, the employer should provide a selection of healthy snacks and drinks in recognition of the special nutritional requirements of infant and child performers. Where an infant or child performer is under the age of 14 years, he or she should be fed meals on a schedule reasonably approximating their normal meal times.

Minimum Age

An infant performer who is less than 15-days-old should not be engaged to work.

Psychological Stress

When a child performer is engaged to perform subject matter that could be psychologically damaging to the child, or results in psychological stress, a psychologist or therapist who is properly accredited by the applicable ministry should be hired by the producer to guide and assist the child to handle the emotional and mental stress of such subject matter.

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