Part 13SAFETY IN MOTION PICTURE PRODUCTIONS
Section § 9150
This law emphasizes the importance of safety in motion picture productions, particularly regarding firearm use. The Legislature wants to ensure all workers have a safe workplace, recognizing that film sets can pose various hazards. Due to the increasing demand for content, there is a greater need for safety protocols. To address this, the law proposes a pilot program to implement and monitor safety practices on film sets. This includes hiring safety advisors and conducting thorough risk assessments, especially when firearms are involved.
The law aims to establish training and safety standards for handling firearms or blanks and generally restricts the use of live ammunition on set. However, the law does not intend to negatively affect the employment of those handling firearms or influence film content. Instead, it seeks to maintain job security while enhancing safety.
Section § 9151
This section defines specific terms used in California's labor laws related to motion picture production safety. 'Ammunition' refers to loaded cartridges that don't include blanks, while a 'blank' is a cartridge without a projectile. The 'Division' is the Division of Occupational Safety and Health. An 'employer' here is a company involved in film production.
'Filming activities' cover everything during the filming stages, except for post-production tasks like editing. A 'firearm' for this law is a device that uses combustion to shoot a projectile, excluding replicas. The 'Industry-Wide Labor-Management Safety Committee' sets safety guidelines for film productions. 'Motion picture production' includes any form of moving image making like movies, shows, and music videos.
The 'Pilot program' refers to the Safety on Productions Pilot Program. 'Risk assessment' is a detailed safety review of scripts and plans. A 'safety advisor' is a person focused on production safety, with specific qualifications in experience and training. 'Specific risk assessment' refers to reviewing high-risk activities or situations.
Section § 9152
The Safety on Productions Pilot Program requires employers in motion picture productions receiving specific tax credits to hire a safety advisor by July 1, 2025. This advisor will conduct risk assessments and ensure safety during filming in California. They will be present during high-risk activities, and have authority over safety decisions at different worksites.
Risk assessments and mitigation plans must be shared electronically with performers and crew. Daily safety meetings are mandatory, and the safety advisor will contribute, particularly at their chosen worksite.
After filming, the safety advisor prepares a comprehensive safety evaluation report to be reviewed by a designated committee and the California Film Commission. The program runs until June 30, 2030, with an evaluation due by then to recommend on its future or extension to other productions. The law will automatically end on January 1, 2031.
Section § 9152.5
This law requires a written risk assessment for any production activities that may pose hazards to employees. It involves creating plans to minimize these risks and includes department heads and experts in the planning.
The assessment should focus on high-risk activities, outlining specific plans to handle these risks, and identifying affected employee groups. There are special requirements for risky tasks like using firearms, explosives, or working with dangerous stunts and equipment.
A safety advisor can mandate assessments for conditions like rough weather or high altitudes. This law is valid until January 1, 2031.
Section § 9153
This law section specifies the rules for using firearms or blanks on movie sets in California. A qualified property master, armorer, or assistant property master must handle the firearms, and they must remain solely responsible for the firearms until they are safely put away. They are the only persons allowed to pass the firearm to actors or crew during filming. Additionally, a safety meeting is required when firearms are involved in a scene, and the production must have enough qualified staff to manage firearms safely.
The property master or armorer must have the appropriate permits and training, including a current firearms permit from the California Department of Justice and certification in safety protocols. They must also provide documentation of lawful possession or transfer of the firearms, which can include signed rental sheets or forms like the ATF Form 4473 or a Federal Firearms License.
Section § 9154
If you employ people in the film industry, you must report any serious injuries, illnesses, or deaths of your employees to the state. The state can investigate your workplace if they think it might be unsafe. They will also review your employee safety program during inspections. If they find you've broken any rules, they can issue a citation.
Section § 9155
This law restricts the use of ammunition on motion picture sets, with exceptions for specific situations. Ammunition is only allowed in controlled environments like shooting ranges for actor training, postproduction sound recording, documentaries (except reenactments), or firearms education. It's also permitted when essential to the production's subject, such as in competitive reality shows or police/military training footage filmed in controlled facilities.
In these cases, all safety rules, relevant laws, and safety bulletins must be followed under supervision by qualified personnel, with medical staff available.
Section § 9156
This law requires employers in the entertainment industry to ensure any employee who handles or is near firearms on set completes a specific firearms safety course.
The training must be approved by the Industry-Wide Labor-Management Safety Committee and should be paid for by the employer. This requirement applies to all employees, not just crew or guild members.
Section § 9157
This law requires employers to follow all parts of this section and adhere to any relevant safety standards.
Section § 9158
This section specifies that certain people can carry firearms around a movie set without specific restrictions. These people include registered security guards who meet the necessary firearm qualifications and are employed to protect the movie set, and sworn peace or federal law enforcement officers who are authorized to carry firearms as part of their official duties.
Section § 9159
This section states that a specific government division is responsible for making sure the rules and regulations in this part of the law are followed.
Section § 9160
This section allows employers to implement safety standards that are stricter than those required by law. It means that if an employer wants to go above and beyond in ensuring worker safety, they are free to do so.