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Occupational Health and Safety concerns within the live events industry at selected venues in Gaborone, Botswana: a pragmatic and utilitarian approach

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Abstract

This paper investigates potential hazards and health and safety risks in the live events industry in the city of Gaborone, Botswana. The study borrows from Charles Sanders Peirce’s (1995) philosophical pragmatism and John Stuart Mill’s (1879) utilitarianism to investigate potential hazards and health and safety risks in the city of Gaborone’s growing live events industry and how the risks could be mitigated. Using a fieldwork investigation conducted in 2018 and 2019, the study proceeds from the premise that the live events industry is not only precarious but a highly technical and risk-sensitive industry. Therefore, the study investigated the country’s levels of Occupational Health and Safety (OHS) awareness in the live events industry and the levels of preparedness to mitigate risk in that industry. The paper argues that the city (and country) could benefit from putting proper safety guidelines and regulations in place. Much as Botswana could easily borrow safety regulations from similar jurisdictions, it is posited that the neighbouring country of South Africa has structures and legislation in place from which Botswana can borrow. Therefore, Botswana must establish a well-coordinated national structure that will foreground OHS issues and put safety regulations in place in the live events industry. We adopt philosophical pragmatism within a qualitative approach based on interviews, questionnaires, and direct and indirect observation. The field data was used to answer the question; ‘What are the potential health and safety hazards in the city of Gaborone’s live events industry, and how can these risks be minimised?’ The answers to this question were used to propose what can be done to mitigate potential safety concerns in the live events industry.

Introduction

During the 1980s, Botswana (being a neighbouring country to South Africa) hosted many international artists who performed in that country as part of the United Nations (UN) boycott imposed on South Africa in protest at South Africa’s obnoxious apartheid policies. Famed groups such as UB40, The Commodores, and Eric Clapton performed at the Botswana National Stadium and at Boipuso Hall.

In Botswana, as elsewhere across the world, hosting major live events has become a significant motivator for tourism development (Getz Citation2008, p. 403). Live shows mean that many lights and sound equipment will be rigged and energized. Sometimes temporary structures and sets are built, and chemicals used to make props. All this must be done with health and safety in mind.

What then is the current situation in Botswana concerning Occupational Health and Safety (henceforth referred to as OHS) at live performances? What regulations or guidelines are in place for live events? Who monitors safety and conducts risk assessment? What knowledge exists concerning safety on stage? Who drafts the floor plans, waste management, emergency services and crowd management plans including public liability insurance? Furthermore, who approves the safety of temporary structures and are there safety officers appointed at these events? In spite of the peril, the danger and the hazards (precarity) that inheres in the live events industry, so far there has been no recorded serious accident, fatality, or mishap at the country’s live events. However, the fact that there has been no recorded disaster does not mean that Botswana’s live events industry can rest on its laurels and neglect planning for potential danger. There should be guidelines in place to mitigate against OHS risk. The need to mitigate OHS risk in the industry is rendered the more imperative if it is considered that in many jurisdictions precarity in the live events industry also includes the financial insecurity and uncertainty that often leads artists, producers and managers to compromise safety requirements in an effort to minimize costs in the event that shows become a financial flop. This is further exacerbated by the fact that as a general rule, audiences are brought into being by shows and not vice versa thereby increasing the levels of financial precarity in the industry. In addition, it is also quite often the case that handymen and women and other technical crews who are recruited on shows on a temporary basis are often willing and ready to compromise on personal safety upon securing opportunities to work, which opportunities are sometimes few and far between. This of course is made worse when technical directors and venue managers choose not to strictly enforce OHS rules and regulations. It is in this context that disaster management is all about responsibility for the planning, coordination and implementation of measures that are put in place to prevent or to prepare for disasters.

Accidents at theatres and live events are mainly caused by lack of knowledge and carelessness. Poor or outright lack of control, including inadequate education, inspection and training can also cause accidents. It is against this short background that this paper does two things. It outlines OHS issues and safety risks and hazards that were observed and identified at selected venues in the city of Gaborone in Botswana during fieldwork that was conducted sometime between 2018 and 2019. This is followed by suggestions and recommendations on how the city of Gaborone in particular and the country of Botswana, in general, can come up with a strategy to foreground and manage OHS issues in the country’s live events industry in order to minimize potential risk. In order to achieve its objectives, the paper adopts philosophical pragmatism and utilitarianism within a qualitative methodological approach that was based on interviews with relevant people in the industry, questionnaires as well as direct and indirect observation.

The field data obtained from the investigation was used to answer the question; ‘What are the potential health and safety hazards in the city of Gaborone’s live events industry, and how can these risks be minimised?’ The answer to this question was then used to propose what can be done to mitigate potential safety concerns in the live events industry in Botswana.

OHS and safety at live events: a pragmatic approach

Pragmatism is a philosophical approach that – very broadly – states that knowing the world is inseparable from agency. Practicality and efficacy in any course of action inheres from the application of that action in such a way as to reap beneficial and observable results (Murphy Citation1990). Writing on health and safety in small and medium-sized enterprises in Botswana, Moeti-Lysson and Rudolph L. Boy (Citation2011, p. 125), observe that when proper health and safety practices are not put in place, accidents easily happen. Therefore, if health and safety practices are not managed effectively, employers and employees are at risk. It is clear then, that Occupational Health and Safety Acts (henceforth abbreviated to OHSA) play a prominent role in all activities of the live events industry in order to minimize potential loss.

Botswana’s Ministry of Youth, Sport, and Culture's ‘Application for Public Entertainment and Permit Exemption Form’ requires the following when seeking permission to stage a live event:

  1. Certificate of incorporation.

  2. Performance contracts of both local and foreign artists witnessed and signed by a lawyer.

  3. Passport copies of ALL foreign artists (including band members).

  4. Payment of Withholding tax (Botswana Unified Revenue Services).

  5. Venue confirmation; and

  6. Individuals and/or businesses to consult/engage a registered/certified member/s of Botswana Entertainment and Promoters Association (BEPA) to assist with the application.

Nowhere does the application form mention the need for the presence of an event safety officer, safety plan, public liability insurance, risk assessment, disaster management, certification for temporary structures, venue layout, or anything to do with OHS. Similarly, in the letter of invitation to participate at the 2017 Maitisong Festival (a huge international arts festival that takes place annually in the city of Gaborone), nothing is said regarding safety rules or regulations to be observed in the venues. Being practitioners in technical issues and safety at live events, our interest in safety at Botswana’s live events came about after we made a general observation from our visits to Botswana and subsequent field research that as a general rule, matters to do with safety did not appear to be of primary concern in the country’s live events industry. Following this, we decided to interview a few people who are connected to the country’s live events industry. We asked them what safety regulations were currently in place at the country’s live events. The response from one interviewee, Gao Lemmenyane (Citation2014) was particularly telling. He indicated that he was:

Not sure [whether] there are any safety regulations specifically for the entertainment industry. What (I) know is that there is an insistence on the highest levels of safety in any workplace. Government through the Ministry of Labour and Home Affairs insists that employers must have SHE Officers (Safety, Health, and Environmental Officers) who are responsible for safety in the workplace for that organisation. I suppose this also applies to the entertainment industry.

As director for the Maitisong Festival and theatre manager at Maitisong, Lemmenyane’s insights are particularly significant. They are significant in that his response seemed to indicate that although he serves in the role of theatre manager at the country’s most iconic theatre structure also serving as director of what is arguably the country’s biggest live event, he could not confirm that there was a dedication to issues to do with OHS in the country’s live events industry. When asked the same question Charles Kokwane, a technical manager at Showgroup Technical and Staging Services simply answered ‘none’. Thulaganyo Mogobe a lecturer and African Theatre at the University of Botswana also confirmed that there was no safety legislation specifically governing performance theatres and live performance in Botswana. It seems then as if Botswana has no clear guidelines and regulations which pertain to safety at live events yet for Botswana to mitigate risk, the country must establish a structure to represent OHS and general safety interests in the live events industry.

Meanwhile, our concern in this paper is that from what was said by the respondents quoted above it is rather sad and disconcerting that probably in more places in Africa today than just Botswana, OHS is more often than not hardly associated with theatres and live events. For better or for worse, theatre and the live events industry are not viewed as occupational work sites that are no different from factories, mines and industrial plants where catastrophic accidents and mishaps can also take place. In other words, these sites are hardly ever seen beyond their location within the cultural realm. Yet to the contrary and in its diversity, the live events industry is technically orientated and risk sensitive like any other industrial work-place. For instance, some stages have mechanics such as revolves and stage lifts, or they are raked. While this can be aesthetically appealing, it can be dangerous if not operated with safety in mind. When risk-sensitive temporary structures are used as stages, regard must be paid to load capacity and wind speed etc. Therefore, to the extent that OHS is about identifying hazards at workplaces and preventing occupational accidents; it is clear then that live event spaces are also a workplace like any other.

The study harnessed a qualitative methodological approach that was based on interviews, field observations and questionnaires. Venue managers, technical crew and technical directors at work were also observed and/or interviewed.

Finally, it is acknowledged that some of the official documents quoted in this paper are not gender neutral. Therefore, wherever reference is made to ‘he’, we have inserted the plural and singular pronouns ‘them/their/they’ in the interests of gender parity and sensitivity. Also, for ethical reasons and anonymity of research participants, venue identities, dates and times of the images used are not disclosed. Furthermore, the images used in the paper are of such a sort and were taken at an angle that does not necessarily give away space and location.

A general overview of safety at live events: a pragmatic and utilitarian approach

Live events are performed in real-time. They include musical productions, festivals, concerts, theatre, corporate events, trade shows, sporting events, and film and video productions. Technical equipment, such as sound, lighting, audio-visual, staging, and technical effects is used. As a result, safety is paramount. Charles Sanders Peirce’s philosophical pragmatism is a useful approach to safety at live events. Philosophical pragmatism propagates the paramountcy of efficacy in practical applications. That which works best and most effectively must be the standard that determines the appropriateness of actions. Closely related to pragmatic thought is John Stuart Mill’s (Citation1879) and David Raphael’s (Citation1994) utilitarianism. Utilitarianism holds that the test of rightness of actions is in the capacity for actions to provide the greatest good for the greatest number. Therefore, practice in all its manifestations (including events safety) must achieve the greatest good for the greatest number by keeping people safe from harm. Therefore, philosophical pragmatism and moral utilitarianism is highly applicable to well-being and safety as the two invoke a utility-maximization model.

Alli (Citation2008, p. 17) states that the International Labour Organisation (ILO) has reaffirmed the importance of protecting occupational health and safety by stating that work must take place in a safe and healthy working environment. Sadly, Botswana does not have a dedicated OHS Act. Aspects of OHS are scattered over various other Acts of Parliament such as the Factories Act and the Mines, Quarries, Works, and Machinery Regulations among others, with none of them making specific reference to live events.

What is the role of OHS in live events?

The artistic imperative on stage is a priority but achieving the artistic imperative without considering health and safety becomes a concern. When it is not possible to eliminate hazards, the hazard must be reduced and the question is, ‘How?’ This can be achieved through engineering controls; administrative controls and the use of personal protective equipment (PPE). Audience, technical crew, and artists must be governed by a specific set of pragmatic and utilitarian rules and regulations. In this paper, we argue that live events venues in Gaborone Botswana are workplaces with a need for occupational safety like any other industrial work place.

Elements of a live performance area

Live entertainment performances consist of the audience area and the performing area. Presenting live events in whatever space available leads to problems with OHS as some of these venues are not necessarily designed to house live performances or to accommodate large numbers of people. The responsibility for the integrity of temporary structures built in non-conventional spaces remains with the companies that build those structures. These temporary structures are usually built with stage decks, marquees, aluminium trussing, and scaffolding. Stability is a major concern with these structures. It is of paramount importance to know the load capacity and the wind speed that a structure can withstand and to build such structures in a way to ensure integrity and stability. For this reason, planning and risk assessment are pivotal.

The case for safety at live events industry in Gaborone, Botswana

Botswana has a relatively small entertainment industry. Most of the venues are not purpose-built as entertainment venues, something which also speaks to and exacerbates precarity in the country’s live events industry. As a result, the sample of this study was small. It included one event manager and/or promoter, three venue managers, one technical crew member, and one technical director.

Questionnaires were directed at event managers and/or promoters and venue managers, technical crew, and technical directors. The questionnaire was in two parts. One part dealt with potential safety and risk concerns while the other dealt with recommendations for the best health and safety practices. This was complemented by direct observation.

Data was collected at Maitisong Theatre, Botswana Craft, and the GICC (Gaborone International Convention Centre) between 2018 and 2019. The three are the biggest and most popular venues within the city. Botswana Craft was not purposely built to host live events. However, a temporary stage was built. The convention centre has a raked seating capacity of ±1800. Data was gathered during pre-production, production, and post-production.

When asked about risk assessment one respondent from the event managers and promoters indemnified himself and passed the responsibility elsewhere while another simply stated that there was no compelling need to conduct risk assessments since all events are basically similar. However, much as events may be similar, the profile of artists and audiences is not always the same, hence the need to follow the five steps of conducting risk assessment. International best practice dictates that a risk assessment must be done at the planning stage of every event. Risk assessment must be conducted by a competent person. Sadly, nearly all the respondents seemed to use a one-size-fits-all approach. Related to risk assessment is crowd management, which is the recognition, analysis and management of crowd movement. In this, information is crucial. For example, clear and visible signage on-site and good sightlines will direct the flow of crowd traffic. Respondents were asked to identify the crowd management strategies they use. From the answers, there seems to be a reliance only on tickets and wristbands to manage crowds at the point of entry. Yet once inside the venue, there is need to avoid stampedes and pushing forward to the front of the stage. One respondent indicated that the police is used while another indicated that ushers are used. While it is good to use ushers, the ushers must be trained in crowd management. All respondents except two indicated that they only manage crowds at the entrance and did not have a strategy for managing crowd movement inside the venue. Crowd management can be achieved through good sightlines, delay towers, and audio-visual screens. Crowd barriers can be used to control crowds in front of the stage. Without proper management, stampeding is bound to happen. From the evidence gathered, there was no crowd management and crowd control inside all the venues. Another risk that was identified came with the use of temporary structures. Temporary structures are often used at live events and mostly at outdoor venues. However, temporary structures also come with peculiar risks and hazards. All these temporary structures must be inspected constantly. Respondents were asked to indicate whether they use professionals to inspect the safety of temporary structures. One respondent indicated that because of time constraints, a structural engineer does not inspect or certify temporary structures. As a result, the safety of audiences is compromised because of the limited time and time constraints of putting up a show. Regulation 17 of the Building Control Regulations of Botswana states that no one must occupy a building unless it complies with the provisions of these regulations as ascertained by an authorized representative of a building authority who subsequently grants a permit. The regulation defines a building as any building or erection constructed using durable materials, whether temporary or permanent. In best safety practices, the event manager is duty-bound to make sure that structures are certified by a structural engineer and should not proceed with an event based on mere assumption. The consensus among respondents was that structural engineers did not inspect temporary structures at live events clearly in breach of the country’s Building Control Regulations.

Crowd management and control is closely linked with communication. Although key, communication with the hearing-impaired seemed not at all to be a priority among the respondents. Related to this was the preferred use of sirens. Sadly, sirens easily cause panic and anxiety as the crowd does not know the source of danger or what has triggered that danger. One respondent indicated that they use ushers and signals (fire exit signs). However, one cannot rely on ushers to communicate safety information. Ushers must be used only to direct the crowd to places of safety during an emergency.

The following section focuses on responses that had to do with minimizing risk when using temporary structures. Here it must be noted that the safety of temporary structures relies heavily on the design, stability, and strength of the structure. The designer of a temporary structure must be competent and understand the loads that the temporary structure is able to carry based on the manufacturers’ erection guidelines. The structure must be designed in such a way that it has adequate strength and stability and that it provides protection against fall for artists and technical crew. When erecting temporary structures, attention must be given to the designers’ plans, safe working load (SWL) and manufacturers’ specifications. Technical crew and technical directors were asked about the necessity for design drawings to be made available for certification of the structural stability of all temporary structures and if an external and independent structural engineer or a competent person who has experience in temporary structural designs and the safety thereof was engaged to certify the temporary structures. From the responses, not all structures are certified. The fact that temporary structures are not always certified, and that there is no event safety officer to check if there is someone to certify these structures is a disaster waiting to happen.

Closely related to the use of temporary structures is rigging of lighting, sound and special effects components which mostly happens at height. When working at height, there are safety measures that should be considered. Both the rigger and the equipment that is rigged must be safe from falling and must be safely secured. The technical crew must take steps to ensure that falling objects do not hurt people below. We sought to determine if respondents had measures in place that are designed to prevent equipment from falling during and after rigging. The technical crews seemed to rely on clamps as a safety measure, where safety chains or wires are supposed to be used. This is an indication that safety chains or wires are not always readily available for use. However, one respondent indicated that safety checks are done on the lighting bars. That is very important as the safe working load (SWL) of the lighting bar must be checked to see if the lighting bars can withstand the weight of the equipment rigged. For each item of equipment that is rigged, the technical director must make sure that the equipment has a safety chain or wire. Rated safety chains or safety wires are highly recommended in the live events industry when rigging equipment. This is a good standard practice because live entertainment equipment is heavy and has a potential risk to fall and cause injury. Respondents did have safety measures in place when rigging lighting or other equipment. However, it is best safety practice to always have both primary (clamps) and secondary support (safety chains or wires) in case the primary support fails. Chain hoists, steel cables, winches, counterweights, and ropes are some of the rigging devices used to support or suspend equipment like speakers, lighting equipment, scenery, backdrops, and audio-visual screens. It is vitally important to check the manufacturers’ guidelines for the safe working load (SWL) and that the rated tolerance is visibly imprinted on the equipment. In that regard respondents were asked if rigging equipment is consistently checked for defects by a competent person as good standard practice requires that all safety checks must be documented in a logbook. The responses showed that rigging equipment is not always checked by a competent authority whereas rigging equipment must always be checked by qualified riggers and not just anyone. Trained riggers are an asset to technical companies as they are knowledgeable in lifting equipment and calculating weights. The hazards that come with improper rigging can be disastrous if an unqualified rigger is used. One member of technical crew indicated that there is never a trained rigger available. Sadly, the so-called in-house technicians doing theatrical rigging are unwittingly doing high-risk rigging work for which they are not trained. In small technical production companies, it is quite common for technicians to perform all the technical duties in a production and some technicians end up being ‘riggers’ in production and once this is done as a matter of routine, safety is compromised. It was also worrying to note that technical directors use supervisors to check on the safety of rigging equipment and that trained technicians execute the rigging of lighting, sound, and audio-visual equipment. No mention was made of a trained and experienced rigger checking the safety of rigging equipment and executing the rigging of that equipment.

In addition to the hazards that come with the rigging of equipment such as lighting, sound, audio-visual, and other technical elements, electrical hazards are common in the live events industry. These hazards can cause a fire. A competent electrician is required to identify hazards and potential risks pertaining to temporary electrical installations at outdoor venues that do not have permanent electrical installations. An electrician must draw high electrical voltage power from source for the production and to power all technical equipment. All this must be done safely and efficiently to avoid the danger of electrocution and qualified electricians must be used regularly. Therefore, respondents were asked to indicate whether they use certified electricians for all their electrical installations.

The overwhelming response was ‘Sometimes’ because venues like theatres that are purpose-built, have a dedicated electrical power supply and never require an electrician to draw electrical power from another source to power the theatre equipment unless there are setups of technical equipment outside of the theatre. One technical director emphatically answered ‘No’, indicating that a certified electrician does not regularly certify electrical installations before a show. The risk of not having a qualified electrician availed to certify temporary electrical installations is that faulty wiring can cause electric shocks or fire outbreaks that will cause severe harm and injury to technical crew, performers, and audience alike. Related to this was a question that required respondents to indicate whether pyros are set up by competent personnel. From the responses, competent persons do setup and safely operate pyros. However, one respondent indicated that they did not know if the firefighting equipment in their theatre is of the right specification. We believe this could be due to sheer lack of training or knowledge about basic firefighting equipment since firefighting equipment is always labelled according to the type of fire it is designed to extinguish.

Because the live events industry faces all sorts of hazards like any other workplace, PPE is used to mitigate against the potentially harmful effects of exposure to known hazards. Every employee ought to be provided with PPE and trained on how to use it since PPE is the hazard control of last resort. When asked if the PPE they received was appropriate and sufficient some respondents indicated that they did not know what PPE is about while others did. The mixed responses demonstrate a dangerous lack of guidance and information on a basic workplace requirement yet Regulation 77 (1) (c) and (2) of the Mines, Quarries, Works, and Machinery Regulations of Botswana could be easily adopted in the live events industry as it deals with the need to always use protective equipment. This regulation is corroborated by Section 53 of the Botswana Factories Act Citation1973 which states:

Where, in any factory, workers are employed in any process involving excessive exposure to wet or to any injurious or offensive substance, suitable protective clothing, and appliances, including, where necessary, suitable gloves, footwear, goggles, head or face coverings or any other necessary clothing or appliance required by the chief inspector, shall be provided, and maintained for the use of such workers.

Therefore, it was somewhat disconcerting for one of the technical directors to display ignorance about basic PPE. As the most senior technical person at the entertainment venue, it is the responsibility of the technical director to make sure that the technical crew is trained on the proper use of PPE and use it at all times, and that the training is documented. Considering this, a follow-up question required respondents to state who they think must enforce the wearing of PPE. From the responses, it is somewhat disturbing that the wearing of PPE was generally not enforced across the board.

In the next few sections, we present and analyse data that was obtained through direct observation during the fieldwork visits.

Hazards associated with working at height

Working at height where safety is a priority is commonplace in the live events industry. Any elevation above ground is considered to be ‘at height’ to the extent that a person or worker could be injured because of a fall, whether the elevation is at or below ground level. Some of the hazards that come with working at height in live events include potential falls, objects falling and hurting a person or worker, and falls resulting from collapsing structures. It is not easy to minimize or eliminate the chances of someone falling or an object falling, but all reasonably possible actions must be taken to prevent this from happening.

The risk assessment of working at height must always include the height being worked at and the amount of time spent working there. When drafting a risk assessment of working at height the following questions must be asked:

  • Is there enough lighting when working at height and what are the weather conditions?

  • Is the structure stable enough to climb and work on, and what is the level of competency of the employees?

  • Is PPE such as safety harnesses, chain hoists, rated steel cables, safety chains or wires, edge marking, and guardrails provided? In theatres where the orchestra pit is open, is there a safety net put in place as part of risk assessment and mitigation?

An important regulation that the live events industry in Botswana can adopt from the country’s factory regulation is the section that deals with the competency of persons who are eligible to undertake specific work. According to this regulation, only an authorized or competent person working under supervision can do specific work that requires technical knowledge or experience. The application of this regulations can be used when working at height in theatres or on live events stages, including rigging. Experience and training are required for this sort of work. The regulations go on to explain that no one should be employed in a position that can cause harm without them being made aware of the dangers that come with the position. Working at height must always include a fall-protection plan. A fall-protection plan refers to all the reasonable measures that may be taken to protect people from falling from an elevated area to a lower level. According to a guide to health, safety, and welfare at live entertainment events in the United States, the Event Safety Guide (Citation2014, p. 195), the use of personal protective equipment should be always mandatory when the working surface is greater than 1.8 m from the ground. It is important to note that there is a 20 cm difference between what the United States’ Event Safety Guide states compared to what the Mines, Quarries, Works, and Machinery Regulation of Botswana states.

According to the Mines, Quarries, Works and Machinery Regulation of Botswana, a fall-protection plan or procedure is provided for all employees whose job requires them to work at or above the height of 2 m above floor level. According to the regulations:

A fall-protection plan contemplated in sub-regulation (1), must include:

(a) A risk assessment of all work carried out from a fall risk position and the procedures and methods used to address all the risks identified per location.

(b) The processes for the evaluation of the employees’ medical fitness necessary to work at a fall risk position and the records thereof.

(c) A programme for the training of employees working from a fall risk position and the records thereof.

(d) The procedure addressing the inspection, testing and maintenance of all fall protection equipment; and

(e) A rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect a rescue of a person in the event of a fall incident to ensure that the rescue procedure is implemented immediately following the incident.

When a fall-protection plan is drafted, it must not be limited to the stage where the performance takes place. It must also include spaces occupied by the audience.

Elevation using a scaffold

During setup at one event, a worker was seen on a scaffolding that was more than 2 m high. The scaffolding did not have mandatory guardrails on all three sides. Neither did the worker have any PPE on, yet a safety harness and a safety helmet are basic requirements when working on scaffolding. Worse still, the worker seemed quite oblivious to the risks involved. Upon asking about the whereabouts of the event safety officer, the technical director at the event indicated that the venue did not have an event safety officer. is evidence of the risk taken by the person on the scaffolding.

In Australia, if the potential fall distance is greater than 4 m scaffolding must be erected and dismantled only by the holder of a certificate of competency for that class of scaffolding or a person who is trained under the direct supervision of such certificated person. If the potential fall distance from a scaffold is less than 4 m, the scaffold may be erected or dismantled only by a competent person who is trained in the type of scaffolding that is being used. Unauthorized changes to scaffolding structure are illegal (Safety Guidelines for the Entertainment Industry Citation2001, p. 11).

Similarly, the Mines, Quarries, Works, and Machinery Regulations of Botswana Citation1978 (reg. 260 (2) (a)) state:

Every side of any working platform or working place being a side from which a person is liable to fall more than 2,0 m shall be provided with:

  (a) two rails of adequate strength, firstly, a handrail at a height of not less than 1,0 m and not more than 1,1 m above such platform or place, and, secondly, a knee rail placed at the mid-point between the top rail and the walkway.

In addition, The Building Control Regulation of Botswana Citation1981 (reg. 104) also states:

Every side of a working place or platform, being a side thereof from which a person may fall more than 2 m, shall be provided with a suitable, strong guardrail to a height of at least 1 m and with toe boards up to a height of not less than 200 mm.

The South African National Standards 10085 indicates that every scaffold platform must be provided with substantial guardrails of at least 1 m in height with knee rails on all sides. The user must also make sure that there is a ‘safe to use’ sign attached to the scaffolding. From and , the person on the scaffolding was either not aware of the above Acts and regulations or was plain careless. Worse still, there was no event safety officer appointed for the event, thereby increasing the chances of workmen and women taking safety risks that may be predicated on financial precarity in creative industries. As Moeti-Lysson and Boy so succinctly put it, if health and safety are not managed effectively, both employers and employees could be easily put at risk (Citation2011, p. 125).

Temporary structures

Live performances are often presented in all sorts of available spaces. As a result, temporary stages and temporary auditoriums or seating areas must be constructed. A primary concern with these structures is lack of adequate strength and stability. Responsibility for the integrity of the structure remains with the company that builds the temporary stage or seating area. In South Africa, the Citationcode of practice for the application of the National Building Regulations is used as a guide for temporary structures. Before authorization is granted to build a temporary structure, the local authority requires a statement outlining the period for which authorization is required, a site plan, layout drawings in sufficient detail to enable the local authority to determine the general size, form, materials of construction, use of the proposed building, and any structural details required. Design drawings are not required at this stage but must be available when required. Certification by a structural engineer should be provided to certify that the structure was inspected and found suitable for the intended purpose.

Figure 1. An employee on a scaffolding with missing guardrails. Picture courtesy of K. Khiba.

Figure 1. An employee on a scaffolding with missing guardrails. Picture courtesy of K. Khiba.

Figure 2. Employee with no personal protective equipment working above 2 m height with no guardrails on two sides of the scaffolding. Picture courtesy of K. Khiba.

Figure 2. Employee with no personal protective equipment working above 2 m height with no guardrails on two sides of the scaffolding. Picture courtesy of K. Khiba.

At another event we witnessed, stage decks or stage platforms were used to build a temporary seating area (). This was meant to elevate the audience and the main performance area to achieve better sightlines. Theatres usually do not have a problem with sightlines as they are often purpose-built as entertainment venues. Other indoor venues like convention centres require tiered seating to elevate the audience so that the audience can see the stage clearly. At this venue, there was no one to check the safety of the elevated seating area. Neither was there a building design to show the load that the temporary seating area could take or if safe working practices were followed during construction. Confirmation of the stability of the temporary structure was evidently not done. There certainly was no prior risk assessment, because had there been an assessment the building design of the temporary seating area would have shown that there was a dangerous gap between the various levels of the seating area.

Figure 3. Stage decks or platforms showing potentially hazardous gaps in-between. Picture courtesy of K. Khiba.

Figure 3. Stage decks or platforms showing potentially hazardous gaps in-between. Picture courtesy of K. Khiba.

We observed that no competent person had checked the safety of the temporary seating area at this event. The organizers of the event clearly did not apply Regulation 17 of the Building Control Regulations of Botswana, which states that no one must occupy a building unless it was inspected for compliance, with a permit granted. While this regulation applies to new buildings before occupation, we believe that the inspection component is something that can be used whenever a temporary structure is erected in the live events industry.

During the show, there were close to 300 people seated on the temporary seating structure that had no certification for load capacity and stability, nor a completion or handover certificate. This was a risky exercise as the seating area could have caved in due to overloading, and the gaps between the decks could have resulted in dire consequences. The Building Control Regulations of Botswana (reg. 18 (1) (a)) state that:

Where, in the opinion of a building authority, any building or structure or part thereof is in such a condition or is used to carry such loads as to be dangerous, the building authority shall take all reasonable precautions, including the erection of a fence, for the protection and safety of the public.

The operative words in the above statement are ‘reasonable precautions.’ A building authority or an event safety officer could have easily picked up the dangers posed by the positioning of the chairs in . There is a danger that the chairs could have easily slipped in-between the stage decks yet OHS engineering controls could have been used to obviate the risk.

In most standard theatres, performance stages are generally elevated. Because of stage height, it is important that performers and crew must easily access the stage, and this is usually using a stairway. The stairway can lead to a stage, or the stairway can be used to access a raised seating area. Stairways should provide protection when ascending or descending stage areas and platforms. Every stairway should be guarded on both sides by a railing that extends between 800 and 1100 mm in height. This is according to the Building Control Regulations of Botswana (reg. 59). (a,b) shows two sets of stairways that did not have protective railings at the President’s Day Celebrations event.

Figure 4. (a and b) A staircase without safety handrails. Picture courtesy of K Khiba.

Figure 4. (a and b) A staircase without safety handrails. Picture courtesy of K Khiba.

Whereas a general safety regulation says that anything that is meant to protect the audience from falling over must not be altered or tampered with, the images above indicate that the guardrails used were not made for this sort of structure. The rails did not cover the entire seating area and therefore, the risk of some seats falling or keeling over at great risk of injury to the patrons was quite high ().

Figure 5. Seating area with dangerously incomplete back railings. Picture courtesy of K Khiba.

Figure 5. Seating area with dangerously incomplete back railings. Picture courtesy of K Khiba.

Fire safety

Fire safety is crucial at both outdoor and indoor venues. Indoor entertainment venues are designed, constructed, and equipped in such a way that in case of fire, easy evacuation is possible. Equipment for detecting, fighting, controlling, and extinguishing fires must be easily available and accessible. Venues that are purpose-built for entertainment must have sufficient entrances and exits in line with occupant capacity. Venues that are not built for entertainment purposes, such as stadiums, require the event manager or promoter to secure the services of fire or local authorities who will calculate the occupant capacity and any additional entrances and exits that may be required. Always, exit doors for indoor or outdoor venues must open outwards in the direction of the flow of traffic and the doors must be clear of any obstruction and they must be in direct proportion to the occupancy capacity for the venue. In the case of the Botswana venues in focus, the obstruction of exit doors and obstruction of exit signs was commonplace as shown in .

Figure 6. A stage flat blocking a doorway inside a performance venue. Picture courtesy of K Khiba.

Figure 6. A stage flat blocking a doorway inside a performance venue. Picture courtesy of K Khiba.

Figure 7. Exit signs obscured by draping. Picture courtesy of K Khiba.

Figure 7. Exit signs obscured by draping. Picture courtesy of K Khiba.

Figure 8. Exit signs obscured by draping. Picture courtesy of K Khiba.

Figure 8. Exit signs obscured by draping. Picture courtesy of K Khiba.

shows a theatre flat in front of a theatre doorway with a ladder on the floor. All this is contrary to the provisions of the Factories Act of 42 (2) of Botswana which states that escape routes must be properly maintained and kept free of obstruction. The live events industry can use this regulation to develop an appropriate safety code.

In addition, exit signs must be always visible, must be free from obstruction and must stay illuminated whenever the venue is occupied. This is especially the case whenever the main lighting in the venue is dimmed or extinguished. and show how the exit signs at a venue were draped over in contravention of proper safety controls. Had there been a fire hazard on the day in this venue with a capacity of 1200 people, and the venue had to be evacuated, the audience would not have known which door to use, especially in a state of panic. According to the Building Control Regulations of Botswana (reg. 47), at least four exits are required for venues with a capacity of 1200 people (Table 1 in section 2.7.1). Suffice to say that during one event, the venue had sufficient, although some of the exit signs were dangerously obscured by draping ( and ).

Closely related to the need for easy and quick access to emergency exits is the need for easy access to firefighting equipment. In some theatres such access can be hindered by lack of storage space where limited backstage space leads to the stacking of equipment in one corner to create space. Backstage at one venue, access to firefighting equipment was blocked by a subwoofer speaker () rendering it a task to get to this equipment if the need to use the firefighting equipment had arisen.

Figure 9. Access to firefighting equipment blocked by a speaker. Picture courtesy of K Khiba.

Figure 9. Access to firefighting equipment blocked by a speaker. Picture courtesy of K Khiba.

As pointed out earlier, electrical circuits can also cause fire hazards if not handled professionally. The danger increases in venues that are not purpose-built as entertainment spaces where the use of temporary electrical power sources may be required. One of the venues where data was collected is a restaurant-turned-entertainment venue that obtains electrical power from an external energy source in the form of a generator. Unfortunately, however, the likelihood of a temporary electrical installation catching fire is high and having firefighting equipment close by is of utmost importance. shows a temporary electrical installation used to power technical equipment during an event at one venue. Despite the evident risk involved, there was no fire officer or firefighting equipment on site.

Figure 10. Electrical distribution board showing unsecured cables. Picture courtesy of K. Khiba.

Figure 10. Electrical distribution board showing unsecured cables. Picture courtesy of K. Khiba.

The image above shows the extent to which safety for technicians, artists, and the audience was compromised. While it is important to have public liability insurance in place for every live entertainment venue, Botswana Craft does not mention anything about the need for public liability insurance for potential users. A public liability claim can emanate from a slip resulting from an exposed sound or electrical cable, as shown in . As a result, a standard safety requirement is that cables must be taped or secured to the floor, or a cable run must be used in high-traffic areas. Leaving cables loose on the ground as was observed at one event is a serious safety hazard.

Figure 11. Unsecured cables (not taped down) as observed at a venue. Picture courtesy of K. Khiba.

Figure 11. Unsecured cables (not taped down) as observed at a venue. Picture courtesy of K. Khiba.

Crowd control and management

Crowd management involves managing crowd movement patterns and guiding the crowds. At no point must a crowd feel that it is acting under compulsion. Crowd control can be achieved using crowd barriers. In essence, crowd management is putting systems in place to manage the crowd.

The Institution of Structural Engineers (IStructE Citation2007, p. 14) of the United Kingdom defines crowd control and crowd management as follows:

Crowd control implies that crowds are intrinsically dangerous. They are not: they are simply made dangerous by insufficient or inappropriate provision for their demands. A physical response by stewards is then necessary to secure public safety. By contrast, crowd management is the business of recognising, analysing, and meeting the demands of crowds by a combination of forward planning, risk assessment, engineering response, visually intrusive and clearly audible information, and alert general management. The aim should be to make crowd control unnecessary by the implementation of good crowd management.

Crowd barriers must always demarcate the stage pit. The stage pit is the area between the stage and the crowd barrier and in times of emergency it can be used to accommodate the injured and those in distress. Although Botswana Craft has a crowd barrier, the barrier is too close to the stage and makes the stage pit very small should there be need to assist an audience member near or in the stage pit. and show images from Botswana Craft, indicating the proximity of the crowd barrier to the stage. The distance of the stage pit from the main stage must be the height of the stage plus 1 m. In other words, if the stage is 2 m high, then the distance of the stage pit from the stage should be at least 3 m. Evidently, breaching this minimum distance implied accommodating a bigger paying audience at great risk to OHS considerations.

Figure 12. A stage at a venue with no provision for a stage pit. Picture courtesy of K. Khiba.

Figure 12. A stage at a venue with no provision for a stage pit. Picture courtesy of K. Khiba.

Figure 13. Image showing a crowd surging to the front of the stage at a venue. Picture courtesy of Starke Photography.

Figure 13. Image showing a crowd surging to the front of the stage at a venue. Picture courtesy of Starke Photography.

Since the performance stage is the focal point at all live events, good sightlines for the stage are important to prevent crowds from surging towards the front or in the general direction of the stage. Sightlines are the lines of unobstructed visibility between the audience and the stage. If a crowd does not have a clear and wide line of sight, they will often surge to the front of the stage and cause a stampede, hence the need for a proper stage pit.

Proposed interventions in the short to the medium term

The need to attend to matters of OHS and the mitigation of potential hazards in any work-space can never be too late. We conclude this paper by making a case for Botswana’s live events industry to query the country’s factory and mining regulations and to liaise with South Africa and similar jurisdictions that have put in place codified safety protocols to be strictly adhered to at live events. This is the long-term solution.

However, we believe that in the short to the medium-term Botswana can draw up a quick reference guide that can be used and strictly enforced at live events. Based on findings from our fieldwork research conducted through interviews and questionnaires as well as direct and indirect observation, the reference guide or checklist will inter-alia include the following seven key points in OHS as they ensued from what was elicited during the research:

  1. Temporary structures – There must be a safety file that includes the manufacturers design criteria. This file must include site inspection and report, occupancy certificate and public liability insurance certificate.

  2. Signage for entrances and exits – These must be kept clearly visible and illuminated at all times. The width of signage must increase with the increase in the number of occupants in a venue. Dedicated entrance(s) and exit(s) for emergency personnel must be provided at all venues.

  3. Crowd management – Emergency exit routes and assembly points must be clearly labelled and demarcated at all venues. Front of stage barriers must be erected at a minimum distance of ‘height of stage plus 1metre’.

  4. Working at height – These work areas must be clearly demarcated and have guard rails on three sides. Personnel working at height must receive adequate rigging training and they must wear PPE and use harnesses at all times.

  5. Indoor venue capacity – Indoor venue capacity must be calculated using the formula: Total surface area of the venue divided by notional occupant ratio at 0.5m2 per occupant. The figure arrived at determines the maximum number of people who can occupy a venue.

  6. PPE’s – Under no circumstances must technical crews be allowed to work without basic PPE such as safety boots and crash helmets.

  7. Fire safety – Fire extinguishers must be availed at all venues and they must be placed at strategic places should there be risk of fire. The annual service record of such extinguishers must be availed and displayed openly.

Conclusion

This article investigated issues of health and safety in Botswana’s live events industry using the twin theoretical frameworks of Charles Sanders Peirce’s philosophical pragmatism and John Stuart Mill’s utilitarianism. It was argued that in order for the country’s live events industry to adopt a dedicated and codified approach to issues of health and safety in the live events industry, there is need to recognize that there is a deep structural analogy between approaches to best safe practices and the utilitarian contention that an action can only be right and efficacious if the consequences of that action redound to ‘the greatest good for the greatest number’. Similarly, good safe practices can be viewed as being in sync with pragmatic theory where it states that an empirical claim or action is correct if its acceptance and adoption in practice is maximally benefit producing.

From the evidence that was presented in the preceding sections, Botswana needs to work towards the development of a coordinated national structure pertaining to OHS issues at live events. This structure will represent safety interests in the live events industry by putting proper safety guidelines and regulations in place. In order to do so, Botswana could borrow freely from Acts, regulations, and guidelines from several jurisdictions that are similar, particularly the neighbouring country of South Africa which has a vibrant live events industry as well as robust safety legislation in place for that industry. This could be the case not least because some of the technical companies that support live events in Botswana also happen to come from neighbouring South Africa.

The study noted that together with legislation and safety guidelines from other jurisdictions, the Factories Act of Botswana, Mines, Quarries, Works and Machinery Regulations of Botswana, the Building Control Regulations of Botswana, and the City Council Bye-laws are some of the home-grown regulations that can assist the live events industry in Botswana. For example, the application for the construction and demolition of temporary structures could be easily guided by the Building Control Regulations of Botswana. Fire safety is included and discussed in the Factories Act and the City Council Bye-laws of Botswana. The Mines, Quarries, Works, and Machinery Regulations of Botswana are more comprehensive and encompass the core values of occupational health and safety. The Building Control Regulations and the Mines, Quarries, Works, and Machinery Regulations of Botswana are two regulations that could be used to guide the live events industry to draft its own regulations, guidelines, and standards to promote best safety practices.

We propose that the custodians of Arts and Culture in Botswanan and indeed any of the other relevant authorities must mitigate safety concerns that have been raised in this study by setting up a health and safety at live events committee whose membership will be drawn from appropriate government departments and relevant players. The main objective of the proposed committee will be to identify potential risks and emergencies before live events are sanctioned and initiated. It will also put preventative actions in place to avoid emergencies.

Through legislation and the work of that committee, Botswana’s live events industry will be aligned to a centralized approach for managing safety to ensure that safety hazards and risks are minimized. Only in this way will Botswana and its primate city of Gaborone align with other countries across the world that value the importance and impact of safety at live events using a pragmatic and utilitarian approach.

Ethics clearance

*TUT Arts Faculty Committee for Research Ethics Approval Ref# FREC2018/03/06 Issued on 6 May 2019.

Notes

This article has been republished with minor changes. These changes do not impact the academic content of the article.

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