The New Mexico Background Actors Bill of Rights
The Background Actors Association of New Mexico believes that Background Actors in New Mexico are entitled to certain rights and treatments.
BAA of NM holds that the following rights should be agreed upon between the Employer (Production Company) and Employee (Background Actors):
(1) Production will pay existing minimum wage and overtime compensation standards as specified by the State of New Mexico.
Productions will also provide payment for services rendered by background no more than 16 days from the day worked.
New Mexico Department of Workforce Solutions (NMDWS)
(2) Background Actors have the right to a work environment that is safe and free of sexual harassment, discrimination, verbal “bullying” and physical abuse.
OSHA
Section 11C of the Occupational Safety and Health Act
NMDWS
(3) Background Actors have the right to well-lit wardrobe and holding areas that offer reasonable protection and shelter from the elements, including extreme heat, cold, wind, direct sun, and rain, and that adequate seating should be available, along with a safe area for storage of personal effects.
The terms under the OSHA General Duty Clause will be observed and extended to Background Actors on all sets, whether studio or on location.
The Terms Under the OSHA General Duty Clause
(4) Background Actors have the right to have available on all locations, adequate personal spacing precautions, and hygiene supplies to mitigate spread of virus and/or infectious diseases.
OSHA
All Together New Mexico COVID Safety Practices for All Individuals and Employers
OSHA Section 5(a)(1) of the Occupational Safety and Health Act
(5) Background Actors have the right to clean, sanitary bathrooms that offer the ability to wash hands.
OSHA
General Industry (29 CFR 1910.141)
(6) Background Actors have the right to expect cold water or hot beverages as needed per weather conditions, especially on location shoots.
OSHA
General Industry (29 CFR 1910.141)
(7) Background Actors have the right to competent first aid services.
OSHA
General Industry (29 CFR 1910.151)
(8) Background have the right to be made aware of hazardous working conditions whether man made or natural, and have the right to refuse participating in the scene.
OSHA
Training Requirements in OSHA Standards
OSHA Section 5(a)(1) of the Occupational Safety and Health Act
Section 11C of the Occupational Safety and Health Act
The Employer (Production Company) and Employee (Background Actors) will refer to OSHA for safety and NMWFS for clarification on wages:
U.S. Department of Labor New Mexico Occupational Health and Safety Act (OSHA)
New Mexico Human Rights Bureau
New Mexico Wage & Hour Bureau: Minimum Wage Act
NMWFS Minimum Wage Act 50-4-21
All the above Rights are sanctioned by The New Mexico Background Actors of New Mexico.
Background Actors Association of New Mexico
SAG-AFTRA Endorses New Mexico Background Actors Bill of Rights
SAG-AFTRA is pleased to endorse the New Mexico Background Actors Bill of Rights, a document created by the Background Actors Association of New Mexico with input from the union. SAG-AFTRA believes this document can be a significant step to improve workers’ rights, and part of an overall effort that includes protection of bargaining rights and other worker safeguards. The New Mexico Background Actors Bill of Rights calls for safe workplaces free of harassment, as well as reasonable amenities to provide background actors with shelter from the elements, clean bathrooms and first aid services, among others basic measures. We encourage all productions to respect the creative professionals who make storytelling possible, and to provide fair compensation and safe workplaces for all performers.