Safety On Staging For Live Events - Safety In Employment - CA Labor

Section § 9250

This section defines key terms related to setting up, operating, and tearing down live events at public venues in California. An 'auxiliary organization' is tied to the Education Code, while a 'contract' involves agreements for these activities. A 'contracting entity' refers to bodies that hire vendors for events, and 'entertainment events vendors' are private employers that manage these event aspects, including subcontractors. 'Entertainment Technician Certification Program' certifies workers in this field. 'Cal/OSHA-10' and 'OSHA courses' ensure safety training for workers, specifically tailored for the entertainment industry. 'Operate' involves managing various technical aspects of a show, and a 'public events venue' includes places like fairgrounds and universities where events occur.

For purposes of this part, the following definitions apply:

(a) “Auxiliary organization” means an entity that is included as an auxiliary organization pursuant to Section 89901 of the Education Code.

(b) “Contract” means an existing event and reservation agreement between a contracting entity and an entertainment events vendor to set up, operate, or tear down a live event at a public events venue.

(c) “Contracting entity” means a body that contracts with an entertainment events vendor to set up, operate, or tear down a live event at a public events venue.

(d) “Division” means the Division of Occupational Safety and Health.

(e) “Entertainment events vendor” means a private employer that contracts to set up, operate, or tear down a live event and includes any subcontractor employer involved in the event’s setting up, operation, or tearing down.

(f) “Entertainment Services and Technology Association” means the nonprofit trade association based in North America for the entertainment technology industry that develops standards for entertainment crafts through an accredited American National Standards Institute technical standards program.

(g) “Entertainment Technician Certification Program” means the industry and labor nongovernmental program of the Entertainment Services and Technology Association that grants certification to a worker who has demonstrated mastery as an entertainment technician.

(h) “Heads of departments” and “leads” means any worker that leads, supervises, or directs one or more workers in that same occupation and is employed in an occupation that may be certified by the Entertainment Technician Certification Program.

(i) “Cal/OSHA-10” means a 10-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course.

(j) “OSHA-10” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety.

(k) “OSHA-10/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety specific to the entertainment and exhibition industries.

(l) “Cal/OSHA-30” means a 30-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course.

(m) “OSHA-30” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety.

(n) “OSHA-30/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety specific to the entertainment and exhibition industries.

(o) “Public events venue” means a state-operated fairground, county fairground, state park, California State University, University of California, or auxiliary organization-run facility that hosts live events.

(p) “Operate” means to operate effects on an event set, including, but not limited to, lighting, sound, pyrotechnics, machinery, electrical apparatus, scenery, audiovisual, or rigging.

(q) “Skilled and trained workforce” has the same meaning as defined in Section 2601 of the Public Contract Code.

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(Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.)

Section § 9251

This law requires companies that organize live events at public venues to ensure their employees, and any workers provided by subcontractors, are properly trained in safety protocols. Employees must complete specific safety training courses, while leaders in the team need advanced certifications. The company must confirm in writing that all workers meet these requirements, and list employee names along with their training details when starting work. The venue itself cannot employ the workers directly. Additionally, the information collected can be used to confirm compliance but not for unrelated purposes.

(a) A contracting entity shall require an entertainment events vendor to certify for its employees, and any subcontractors’ employees, as part of the contract for production of any live event at its public events venue, both of the following:

(1) An employee of an entertainment events vendor involved in the setting up, operation, or tearing down of a live event at the venue has completed the Cal/OSHA-10, the OSHA-10/General Entertainment Safety training, or the OSHA-10 as applicable to their occupation.

(2) One of the following applies:

(A) Heads of departments and leads have completed the Cal/OSHA-30, the OSHA-30/General Entertainment Safety training, or the OSHA-30, and are certified through the Entertainment Technician Certification Program relevant to the task or tasks they are supervising or performing, or another certification program, as specified by the division.

(B) The entertainment events vendor certifies that its employees and any subcontractors’ employees meet the conditions for a skilled and trained workforce.

(b) An entertainment events vendor shall certify in writing, and as part of the contract, that they have verified the training completion and certification requirements of all employees, and any subcontractor’s employees, who will work on the setting up, operation, or tearing down of the event.

(c)

(1) The contract shall provide in writing that the entertainment events vendor shall furnish, upon hiring for the live event pursuant to the contract, the contracting entity with both of the following:

(A) The names of the employees of the entertainment events vendor and the names of employees of any subcontractors.

(B) What training or certification the employee has completed and the date of certification, as specified by this section.

(2) The contract is subject to Section 7928.801 of the Government Code.

(3) The contracting entity may use or disclose to third parties the information provided pursuant to paragraph (1) for the purpose of carrying out the contracting entity’s duties under the contract, including, but not limited to, verifying an employee’s training and certification, but shall not use or disclose the information for purposes unrelated to the contracting entity’s duties under the contract.

(d) The requirements of this section shall not apply to a direct employee of the public events venue.

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(Amended by Stats. 2024, Ch. 969, Sec. 2. (AB 2738) Effective January 1, 2025.)

Section § 9252

This law states that if there's a violation related to entertainment events, the relevant division will issue a citation and civil penalty. Those who receive a citation can appeal it. However, penalties will only be assessed against entities like entertainment event vendors or public venues, not individual employees, for failing to complete required training. Citations can come with additional penalties besides those already in place, and funds collected from penalties are directed to the Occupational Safety and Health Fund.

(a) The division shall enforce this part by the issuance of a citation alleging a violation of this part and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.

(b) Penalties shall only be assessed against an entertainment events vendor, a public events venue, or a contracting entity, as these terms are defined in Section 9250, and shall not be assessed against an employee of an entertainment events vendor or an employee of a subcontractor for not completing the training or certification required by Section 9251.

(c) The issuance of a citation under this section is in addition to any other penalties authorized under Title 8 of the California Code of Regulations.

(d) The division shall deposit the funds assessed pursuant to this section in the Occupational Safety and Health Fund established pursuant to Section 62.5.

entertainment events vendor public events venue contracting entity civil penalty appeal training certification Occupational Safety and Health Fund citation issuance Section 6317 Section 6319 Title 8 penalties employee exclusion fund deposit training requirement subcontractor employee penalty assessment

(Amended by Stats. 2024, Ch. 969, Sec. 3. (AB 2738) Effective January 1, 2025.)

Section § 9252.1

This law says that a public prosecutor can enforce the rules in this section and can take legal action to stop ongoing violations of Section 9251. If a public prosecutor handles the enforcement, they can ask the court to issue an order to stop the offense and can charge a fine of up to $500 for each instance of rule-breaking. This changes the enforcement process from what's normally outlined in Section 9252 or other procedures.

This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. If this part is enforced by a public prosecutor, then the public prosecutor may seek injunctive relief to prevent continued violations of Section 9251 and a maximum penalty of five hundred dollars ($500) per violation shall apply in lieu of Section 9252 or any other division enforcement requirements or appeals process.

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(Added by Stats. 2024, Ch. 969, Sec. 4. (AB 2738) Effective January 1, 2025.)

Section § 9253

This part of the law allows employers, contracting entities, or entertainment event vendors to implement stricter safety standards than those required by the law or any related health and safety standards.

This part, or any related health and safety standard, does not prevent or limit an employer, contracting entity, or entertainment events vendor from adopting stricter safety standards.

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(Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.)

Section § 9254

This section clarifies that employers are still responsible for providing training required by other safety regulations in California, and must comply with all relevant occupational safety and health laws.

Nothing in this part relieves an employer from conducting any other training required under Title 8 of the California Code of Regulations and complying with any other occupational safety and health law or regulation, as applicable.

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(Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.)