The DGA, along with the International Alliance of Stage Employees (IATSE), and the International Brotherhood of Teamsters (Teamsters) Locals 817 and 399, have reached an agreement with the Association of Independent Commercial Producers (AICP) on safety standards for commercial production during the COVID-19 pandemic. Although there is no way to ensure a totally COVID-19-free work environment, we believe the negotiated protocols substantially reduce the risk of transmission of the virus and establish uniform safety standards for work on commercial productions.
These new protocols are mandatory beginning December 15, 2020 for commercial production companies that have signed the Commercial COVID-19 Safety Agreement. We will be keeping a list of those companies that have signed the Commercial COVID-19 Safety Agreement that will be available on the DGA website (click here for list), but it may take time for a company to be added to that list. If you do not see a Company you are planning to work for there, please contact the DGA (numbers below) to confirm whether the Company has, in fact, signed the safety agreement.
The new mandatory protocols are listed and summarized below.
If you have any questions about its application to you or the company you are working for, please contact Juanita Butler (Los Angeles) at jbutler@dga.org (310) 752-5989 or John Hollahan (New York) at jhollahan@dga.org, (212) 258-0827.
Testing
Pre-Employment Testing
All personnel present on set must be tested for COVID-19 within three (3) days prior to the start of their employment using one of the testing methods detailed below. A negative result must be obtained prior to the start of employment.
Contingent Offers of Employment
Due to the importance of testing to help reduce the spread of COVID-19 on set, offers of employment are contingent on a prospective Employee clearing the pre-employment COVID-19 test. Once the negative result is obtained, the individual is considered employed, and all provisions related to sick leave and other working conditions apply from their first day of employment, even if the Employee develops symptoms or fails their COVID-19 Health Screening on their first day of work.
Types of Tests Permitted
Only a lab-based PCR diagnostic test, considered the gold standard of COVID-19 testing accuracy, or rapid PCR tests, are allowed at this time (e.g., no antigen testing is permissible). The three permissible testing scenarios are:
- One lab-based PCR diagnostic test performed within 3 days prior to the start of employment;
- Two PCR rapid tests conducted using samples collected at the same time;
- If an Employee cannot receive the test results within that 3-day window, the lab-based PCR test shall be administered as soon as possible to employment, with a rapid test within 48 hours prior to employment. Both test results must be obtained prior to the start of employment.
Antigen and Antibody tests are not permitted.
Tests Carrying Over from Previous Employment
Because of the short term nature of commercial employment, an Employer may rely on the results of, either a lab-based PCR diagnostic test or two simultaneous rapid PCR tests, performed by a prior Employer to fulfill the pre-employment testing requirement provided that such test(s) has been performed within 3 days of the start of employment for a Zone A Employee or one week of the start of the employment for a Zone B or C Employee (see definition of Zones below).
Compensation for Time Spent on Pre-Employment Testing
Employees will be paid a $175 stipend for time spent for testing that is done outside the home. Exceptions are:
- No testing stipend is due if the Employee is working for another employer and the test is administered between call time and wrap.
- The stipend will also cover up to one hour of COVID-19 training and start paperwork.
- No stipend is due if the Employee is otherwise paid for the day (e.g. a travel day).For Directors who are not paid for each day of work but by the number of shoot days, this means that the stipend is due unless the Director reports to a location for work on the commercial the same day as the test (e.g., shoot day, office meeting, tech scout).
- Between December 1 and December 15, 2020, the Employer shall pay a stipend of no less than $100.
Continued Periodic Testing
Regular periodic testing will occur after the start of employment. The frequency of the testing will depend upon which “Zone” you work in. The Zone system is designed to minimize contact and interaction between various crew and performers based on their level of risk and exposure while performing their duties. The system may also be used to separate Employees that are in the same “Zone” into smaller distinct work groups in order to further limit contact and interaction in order to maintain a safe working environment.
Zone A
Includes anyone present in the workspace (including vendors, production personnel, client representatives, etc.) while performers and/or background actors are not wearing PPE. Individuals who work in Zone A must have a negative COVID-19 test within 3 days prior to starting work in Zone A and must be periodically tested every 3 days.
- Rapid PCR tests are permitted, provided that at least one test for each week of work in Zone A is a lab-based PCR diagnostic test.
- A second test is not required for one- or two-day shoots where the last shoot day falls on the third day from the pre-employment test.
- Example scenario: when a pre-employment test is conducted on a Monday, and shooting takes place on Wednesday and Thursday only, since Thursday is the third day following the pre-employment test, no second test is required.If, on the other hand, shooting takes place on Wednesday, Thursday and Friday, a second test is required prior to the start of work on Thursday.
- All persons present on a production are considered Zone B or Zone C, whichever is applicable, until such time that performers and/or background actors are present and not wearing PPE.
Zone B
Includes those people who work on set, but who are not present in a workspace with a performer or background actor while they are not wearing PPE, Zone B Employees while they work during prep, and those people who work in any other area where the production has a footprint that is not an area where Zone C Employees work. All Zone B Employees will be tested one time per week after their initial pre-employment test.
- May be either one lab-based PCR diagnostic test or two rapid PCR tests taken at the same time.
Zone C
Includes those people that work on production that do not come into contact with Zone A or Zone B Employees in the course of their work, unless they are tested in accordance with testing requirements for Zone A or B. All Zone C Employees shall be tested at least once every two weeks.
- Must be a lab-based PCR diagnostic test.
- “Pool testing” may be used, which must comply with the then-current FDA authorization for pool testing.
Air Travel
Any Employee traveling by air must be tested at least 3 days prior to air travel, with results obtained prior to departure. Upon arrival, Employees may continue to work for up to 2 days after arrival without an additional post-flight test being administered. Any Employees that are scheduled to work, or actually work, beyond 2 days of arrival must be tested again promptly after the second day. Thereafter, Employees will be tested in accordance with Zone above.
COVID-19 Safety Monitoring and Training
Monitoring and Enforcement of COVID-19 Safety Protocols
Each production will have a designated COVID-19 Compliance Manager with specialized training responsible for safety compliance and enforcement, who will be designated on the production call sheet and physically present on the production from crew call to wrap.
- The Compliance Manager may pause production or other work activities if they identify a COVID-19 health and safety concern.
- The Compliance Manager may recommend discipline or termination of individuals for violating COVID-19 health and safety protocols.
- Additional COVID-19 safety duties may be assigned to DGA Employees otherwise staffed on a project, so long as the duties being assigned are incidental to the Employee’s bargaining unit work and do not interfere with the Employee’s bargaining unit work.
- The production may hire additional people to work under the COVID-19 Compliance Manager to assist in carrying out the safety duties. If the Employer elects to hire DGA members to perform both bargaining unit work and COVID-19 compliance work, they must be hired in addition to the regular complement of crew on production. Employees shall be covered under the terms of the National Commercial Agreement according to the position for which they were hired.
- There may be limited circumstances, due to the size and scope of the production, where the Compliance Manager may be able to monitor and enforce COVID-19 safety protocols without a constant physical presence (e.g., tabletop shoot).
- No Employee will be discharged or otherwise disciplined for refusing to work on a job that exposes the individual to a clear and present danger to life and limb relating to COVID-19, or for making a good faith report related to safety.
COVID-19 Health and Safety Protocol Training
All Employees who are placed on the Commercial Qualifications List must complete COVID-19 Health and Safety Protocol Training, provided by CSATF, within the first 60 days of this agreement in order to maintain their placement status.
- A $20 stipend shall be paid for each hour of training. If the person is otherwise paid for the day, such as a travel or work day, no stipend is due.
COVID-19 Sick Leave & Quarantine Pay
Sick Leave
All Employees working under the DGA agreement (or IATSE or Teamster agreements) will receive up to 10 days of COVID-19 paid sick leave, per producer. The leave can be used for any of the following eligible COVID-19 events:
- The Employee has tested positive or exhibited symptoms of COVID-19;
- The employer has requested that the Employee isolate or self-quarantine because another person with whom he/she has been in close contact has tested positive or exhibited symptoms for COVID-19;
- A member of the Employee’s household has tested positive or exhibited symptoms for COVID-19;
- A public official or healthcare provider has requested that the Employee isolate or self-quarantine due to COVID-19 (excludes travel-related quarantine below);
- The Employee must provide care for a child or senior, whose childcare or senior care provider ceases operations due to COVID-19;
- The Employee needs to care for a child, parent or spouse who is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or has been advised by a healthcare provider to self-quarantine related to COVID-19.
- Sick pay is paid at your contract rate but is capped at $600 per day, with a maximum cap of $6,000 per employer, and is subject to fringe benefit payments on the minimum rates of pay.
- COVID-19 sick leave will be payable until the Employee returns or declines to return to work, or until the end of the Employee’s guaranteed employment period (days Employee reasonably anticipated to be working), whichever comes first.
- There is no accrual period; this sick leave is available immediately upon commencing work.
- Employees who go on COVID-19 sick leave will be reinstated once they have been cleared to return to work, so long as their position continues to exist.
- In the event the current Federal sick leave law is not extended or renewed, or a similar law is not passed, upon expiration, sick pay will not be provided for COVID-19 events #5 and #6 above, but will continue to be available for events #1 - #4 for the duration of this agreement.
Quarantine Pay
Where Employees are traveling distant location to a jurisdiction that requires mandatory isolation or self-quarantine, Employees will receive the following quarantine pay for the duration of the mandatory isolation or self-quarantine:
- Employees may negotiate above minimum terms for quarantine pay.
- At a minimum, the first 5 out of 7 days are paid at the minimum rate of pay.
- At a minimum, the last 2 out of 7 days are paid at ½ the minimum rate of pay, with Pension and Health contributions paid on the minimum rate of pay.
- Employees will be paid regularly if they perform work at the direction of the Producer while in isolation or self-quarantine.
- All quarantine payments are subject to DGA Pension and Health contributions.
OTHER SAFETY PROTOCOLS
Contact Tracing
If an Employee tests positive: Employer, Employee, and Employees who came within close contact with the infected Employee shall follow current CDC guidelines or local government authority rules, whichever is stricter, regarding testing and quarantine.
- The Employee agrees to notify the Employer promptly if he/she tests positive for COVID-19 within 14 days from the last day of employment.
- Employer shall notify anyone who has come in close contact (as defined by the CDC or local government authority, whichever is stricter) with an Employee who tests positive for COVID-19.
Health Screening and Temperature Checks
Employees shall complete a health assessment survey prior to the start of each workday. This assessment shall not include or constitute a waiver of liability.
Personal Protective Equipment
Employers will provide all Employees with face coverings to be worn at all times on the job site, except when eating, drinking or when their job prevents them from doing so.
- Those who work closer than 6’ for 15 minutes or more in the aggregate over a 24-hour period shall be provided with a face shield as well.
- This equipment may be disposable or reusable. If it is reusable, it may only be reused by the same person, unless sanitized between users.
- If the CCM or their designee approves a person’s personal face coverings, face shields and/or goggles, the crew member may use the approved personal PPE.
- Employees who willfully refuse to comply with PPE policies may be fired if the Employer has given the Employee adequate prior notice and an opportunity to correct.
AICP Guidelines
The unions agreed to basic guidelines for production safety protocols by incorporating common sense elements (hand washing, physical distancing) of the AICP Guidelines as well as portions of the Industry Wide Labor/Management White paper, and a daily health screening questionnaire and acknowledgement for Employees. These guidelines are available on the AICP website.
Term of the Agreement
The Agreement is temporary and only intended to last during the duration of the COVID-19 pandemic. The safety provisions of the Agreement will be mandatory beginning on December 15, 2020 and remain in effect through April 30, 2021. Given the ever-changing nature of the pandemic, the Unions and the AICP will meet again one month after the effective date of the Agreement and continue to meet thereafter every two months to discuss whether to make modifications to the Agreement. The Agreement may be extended upon its expiration by the parties.
