Guideline No. 43: Industrial and construction regulations
This guideline is intended to assist workers, owners, constructors, employers and producers in film and television to understand when the Industrial and/or Construction regulations may apply to their workplace(s). Refer to legislation and Regulations for legal requirements.
The Regulation for Construction Projects, Ontario Regulation 213/91, applies to all construction projects, as defined by the Occupational Health and Safety Act (OHSA), which may include the installation of sets and stages for film and television productions.
Under the OHSA, an inspector may issue orders for compliance with the Regulation if violations are found with respect to the installation/erection and removal of stages, set, sound systems and lighting systems for film and television productions.
Examples where Construction Regulation applies:
- The installation of a stage or a film set, which may involve the erection of a scaffold system to support the stage or film set.
- The assembling of sets at a filming location.
- The installation of the structure to support the lighting for the film set.
Note: Most film sets from initial set-up to tear down are completed within a few days.
The notice requirements in section 6 of the Regulation for Construction Projects apply if the total cost of the labour and material for the project is expected to exceed $50,000.
For the above examples, section 6(4) of the Regulation for Construction Projects would apply if the project will not take more than 14 days. In these cases the constructor, may provide the relevant information to an inspector at the Ministry office located nearest to the project:
- by faxing the completed form to the inspector, or
- by providing the information that would be required to complete the form to the inspector by telephone.
For projects where the set-up of the stages and sets exceeds 14 days, then subsection 6(3) of the Regulation for Construction Projects applies. In this case the constructor should complete an approved notification form and file it at the Ministry office located nearest to the project.
The Regulation for Industrial Establishments, Regulation 851, applies to all industrial establishments as defined by the Occupational Health and Safety Act. This includes any establishment where the moving of pre-constructed sets or stages, and the manufacturing of those sets prior to being transported to the venue, is being performed.
Under the OHSA, an inspector may issue orders for compliance with the Regulation if violations are found while filming is in progress in an industrial establishment. In addition, inspectors may also issue orders for compliance if violations are found while moving pre-constructed sets or stages related to an on-going production.
Example where Industrial Regulations applies:
- The manufacturing of sets in a shop prior to being transported to the filming location.