"Safety in Motion Picture Productions” Frequently Asked Questions (SB 132, 2023)

Senate Bill 132 (2023) was approved by Governor Newsom and chaptered by the California Secretary of State on July 10, 2023. Section 3 of the bill adds Part 13 (Sections 9150 through 9161) to Division 5 of the Labor Code. This part is entitled "Safety in Motion Picture Productions."

Frequently Asked Questions

What does the "Safety in Motion Picture Productions" section do?

  1. Establishes a pilot program that will run from July 1, 2025 to June 30, 2030 to address the implementation and oversight of safety practices and procedures in motion picture productions required to participate in the pilot program.
  2. Requires that productions in the pilot program employ a safety advisor to oversee production safety and complete detailed, script-specific general risk assessments and, if applicable, specific risk assessments.
  3. Establishes training requirements and safety standards that focus on the safe handling of firearms and blanks in all motion picture production in California.
  4. Prohibits, except in the most limited circumstances, the use of live ammunition in motion picture production in California.

Where can I find the text of the "Safety in Motion Picture Productions" section that was added to the California Labor Code?

"Safety in Motion Picture Productions" is found in Part 13 (Sections 9150 through 9161) of Division 5 of the Labor Code.

What does "employer" mean in this section?

"Employer" means an employer engaged in producing a motion picture production.

What does "filming activities" mean in this section?

"Filming activities" means principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots.

What does "motion picture production" mean in this section?

"Motion picture production" means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes.

 When does the "Safety in Motion Picture Productions" section take effect?

This section takes effect on January 1, 2025, however the requirements of the pilot program are not effective until July 1, 2025, when the California Film and Television Tax Credit Program 4.0 becomes operative.

What does the "Safety in Motion Picture Productions" section require regarding safety advisors?

The Safety on Productions Pilot Program requires an employer that receives a motion picture credit, pursuant to specified existing provisions, to hire or assign a safety advisor by the time the department heads start the pre-production process of planning for construction or high-risk activities to perform a general risk assessment and special risk assessments needed.

The Pilot Program:

  • Requires that there be a dedicated and qualified safety advisor present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. The safety advisor has the authority to determine if and when a specific risk assessment is necessary for both on- and off-set activities and situations.
  • Gives the safety advisor access to, and the opportunity to inspect, all locations, facilities, equipment, supplies, materials, and props to safeguard the safety of the performers and crew. Access or inspection by a safety advisor does not include handling or otherwise touching a firearm.
  • Requires production to conduct a daily safety meeting and requires the safety advisor to participate.
  • Requires the risk assessments to be completed in collaboration and consultation with appropriate production personnel.
  • Requires risk assessments to be revised if there are meaningful changes to the proposed activity or location, and to be accessible via electronic transmission to performers, crew, and labor organization representatives.
  • Requires risk assessments to be written to be a script and production plan that identifies and evaluates preproduction and production activity or locations that may pose a risk and hazard to employees and sets forth a mitigation plan, and requires a specific risk assessment for the use of firearms, major pyrotechnics and explosives, major stunts, process shot moves, aircraft or trains, vehicles off road, watercraft in open water and for individuals under water, or workweeks of more than 60 hours.
  • Requires the safety advisor to prepare a final safety evaluation report based on the actual risk and compliance experience within 60 days following completion of filming activities and provide the evaluation to the Industry-Wide Labor-Management Safety Committee and the California Film Commission. Unplanned or unknown reshoots or additional scenes filmed after the submission of the initial report shall require an addendum report.

Which productions in California are required to participate in the Safety in Productions Pilot Program?

Participation in the Pilot Program applies to an employer for a motion picture production that receives a motion picture tax credit pursuant to a tax credit program that succeeds, on or after July 1, 2025, the tax credit program established in Section 17053.98 or 23698 of the Revenue and Taxation Code. This means any approved applicant under the California Film and Television Tax Credit Program 4.0, which is the referenced succeeding tax credit program governed by sections 17053.98.1 and 23698.1 of the Revenue and Taxation Code and administered by the California Film Commission. Please consult your tax advisor for more information on whether your motion picture production falls within this category.

Who will evaluate the effectiveness of the pilot program?

The Industry-Wide Labor-Management Safety Committee and the California Film Commission shall jointly select an organization or firm to perform a written evaluation of the pilot program. The selected organization or firm shall review and assess the final safety evaluation reports on or before June 30, 2029, and make a nonbinding set of recommendations to the Legislature as to whether the pilot program should be implemented on a permanent basis and to what other motion pictures productions in this state it should, or should not, be extended. The California Film Commission shall not be responsible for the cost of the written evaluation. 

What is the "industry-wide labor-management safety committee"?

"Industry-Wide Labor-Management Safety Committee" or "committee" means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly.

When does the pilot program run?

The pilot program will run from July 1, 2025 to June 30, 2030. This means that any applicant allocated a tax credit under any fiscal year of the California Film and Television Tax Credit Program 4.0 is required to participate.

What does a "risk assessment" require?

A "risk assessment" is a detailed written review of a script and production plan that identifies and evaluates preproduction and production activity or production locations that may pose a risk and hazard to employees. The risk assessment sets forth a mitigation plan for those risks and hazards.

Department heads and those with specialized knowledge shall be involved in creating the risk assessment. The process for developing the risk assessment shall commence once the department heads start preproduction planning for construction or high-risk activities.

Any specific risk assessment shall be updated if there are meaningful changes to the proposed activity or location that would change the specific risk assessment or mitigation plan.

All risk assessments shall be accessible via electronic transmission, upon request, to performers, crew, and labor organization representatives.

What is the difference between a general risk assessment and a specific risk assessment?

A general risk assessment is a detailed written review of a script and production plan.  A specific risk assessment is an additional assessment required for certain high-risk activities.

Who is a "safety advisor"?

A "safety advisor" is someone who works in tandem with, but independent of, performers and crew. The safety advisor should not be employed for any other role on the motion picture production. The safety advisor will report to the unit production manager, or a person or persons with overall responsibility for the safety program. However, the safety advisor retains autonomy to address production-related risk, including, as a last resort, the authority to temporarily halt production until a thorough examination of the potential hazard or hazards and the mitigation plan can take place among the decision-makers on productions.

Are there specific qualifications to be a "safety advisor"?

Yes. A safety advisor must meet the following qualifications:

  1. One of the following:
    1. At least two years' experience primarily performing safety-related work in the entertainment industry as a department head, foreperson, or in a production safety position within motion picture production.
    2. At least 500 verifiable days in another crew position in motion picture production, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to both performers and crew.
    3. Five or more years of safety-related work, where safety was a primary role and responsibility, in another industry, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to workers and the public.
  2. Completion of a joint labor and management training on industry protocols, state and federal law, and safety practices in motion picture production.
  3. Completion of an OSHA 30-hour training for general industry.

What is a "specific risk assessment"?

A specific risk assessment is a written risk assessment plan that must:

  1. focus on specific identified high-risk activities or situations.
  2. Include detailed and specific risk mitigation plans and procedures to identify and evaluate workplace hazards that have an elevated risk factor or factors or a combination of multiple risk factors.
  3. Identify the precautions and controls to be taken to mitigate that risk and reevaluate the level of risk assuming those controls are implemented or if no steps are taken to mitigate that risk.
  4. Identify the group of employees affected by the assessed risk.

What activities require a specific risk assessment?

A specific risk assessment must be performed for the use of the following:

  1. Firearms.
  2. Major pyrotechnics and explosives.
  3. Major stunts.
  4. Process shot moves.
  5. Aircraft or trains.
  6. Vehicles off road.
  7. Watercraft in open water and for individuals under water for prolonged periods.
  8. Workweeks of more than 60 hours.

The safety advisor may also determine that a specific risk assessment is needed for other on- or off-set activities such:

  1. Overhead rigging.
  2. Rugged outdoor locations.
  3. Inclement weather.
  4. Animals.
  5. Heights.
  6. Intermittent traffic control.
  7. Night shoots.
  8. Other high-risk activities or situations as identified by the safety advisor.

How long will the risk assessments and specific risk assessments be required?

The Pilot Program that requires the risk assessments and specific risk assessments is in effect until June 30, 2030.  

What agency will enforce the provisions of this section?

The Division of Occupational Safety and Health (DOSH or Cal/OSHA) will enforce this section of the Labor Code.

Will Cal/OSHA be creating a new Title 8 CCR regulation in response to this new section of the Labor Code?

No. If Cal/OSHA determines in an inspection that an employer has violated this section, Cal/OSHA may issue a citation to the employer. Cal/OSHA will enforce the provisions of this section by issuing citations alleging violations of any pre-existing applicable regulations or of the relevant new section(s) of the Labor Code directly.

Cal/OSHA will enforce the sections requiring employers in the pilot program to conduct the risk assessments where applicable between July 1, 2025 and June 30, 2030. Cal/OSHA will also enforce the new Labor Code requirements for motion picture productions to have qualified safety advisors during the pilot program.

Cal/OSHA will enforce section 9153 regarding firearms and blanks and section 9155 regarding limits on ammunition when these sections become operative as of January 1, 2025.

What does this section require for the safe handling of firearms or blanks for all motion picture production in California?

A firearm or blank shall only be permitted on motion picture productions under the following conditions:

  • Under the custody and control of a qualified property master, armorer, or assistant property master.
  • While handling the firearm, the property master, armorer, or assistant property master is the only person who can hand that firearm to the performer or cast or crew member standing in for that performer during the scene and only those individuals shall collect the firearm upon completion of the activity.
  • A property master, armorer, or assistant property master shall have no other duties, responsibilities, or obligations during the time that they are preparing for the use of a firearm and that a firearm is in the possession of the performer. It remains their sole responsibility until firearms are no longer in use and have been locked away.
  • As indicated in Safety Committee bulletins, a safety meeting shall be conducted when firearms are involved in a scene.
  • Employer has ensured sufficient staffing of qualified property masters, armorers, or assistant property masters.
  • A qualified property master, armorer, or assistant property master handling a firearm in the course of the motion picture production is required to have specified firearms permits, trainings certificates and licenses.

What prohibitions against the use of live ammunition in motion picture production in California does this section contain?

Ammunition is prohibited on a motion picture production, except:

  • In the controlled and supervised environment of a shooting range or equivalent and for the purposes of actor training or postproduction gunfire sound recording, a documentary, except reenactments, or firearms education. Appropriate medical personnel must be available.
  • Where ammunition is essential to the subject matter of the work, such as a competitive reality show, a documentary, except dramatic reenactments, or a firearms education and safety training production.
  • While filming footage of trained military or police personnel firing weapons in a controlled military or police facility.

Any employee responsible for handling, or in proximity to, firearms on set must complete the Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training, as determined by the Safety Committee. This training requirement shall be paid for by the employer and is not limited to crew or guild members.

What does "ammunition" mean in this section?

"Ammunition" means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. "Ammunition" does not include blanks.

What does "blank" mean in this section?

"Blank" means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile.

What does "firearm" mean in this section?

"Firearm" means a device designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. "Firearm" does not include a replica or simulated firearm or a special effects device.

What new training is required for employees who are handling or in proximity to firearms? 

Every motion picture production shall require that any employee responsible for handling, or in proximity to, firearms on set complete a Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training, as determined by the Industry-Wide Labor-Management Safety Committee. This training requirement shall be paid for by the employer and is not limited to crew or guild members.

Is there an exception for security guards or law enforcement?

Yes.

This section does not apply to the following persons when they are on the perimeter of a set where motion picture production is happening:

  • A registered security guard carrying a firearm in compliance with security guard firearms qualifications established in Sections 7583.2 to 7583.5, inclusive, of the Business and Professions Code, who is employed to provide security to the motion picture production and who, in the scope and the course of that employment, is at all times in possession and control of the firearm.
  • A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties and who, in the scope and the course of their duties, is at all times in possession and control of the firearm.

Can the Safety Advisor have dual roles on the production? E.g., can my 2nd AD also be the Safety Advisor?

No, a safety advisor may not have dual roles on a production. "Safety advisor" means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production.

Can a Safety Advisor work on multiple projects at the same time?

No, a safety advisor cannot work on multiple projects at the same time. Section 9152 requires a dedicated safety advisor present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. However, if production-related activities are taking place in multiple locations, the safety advisor may decide which worksite is most appropriate to be physically present at.

What are the training and experience requirements for a Safety Advisor?

The criteria to be a Safety Advisor are specified in section 9151. The Safety Advisor must have one of the following:

  1. At least two years' experience primarily performing safety-related work in the entertainment industry as a department head, foreperson, or in a production safety position within motion picture production.
  2. At least 500 verifiable days in another crew position in motion picture production, so long  as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to both performers and crew.
  3. Five or more years of safety-related work, where safety was a primary role and responsibility, in another industry, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to workers and the public.
In addition to one of the above, the Safety Advisor must have completed a joint labor and management training on industry protocols, state and federal law, and safety practices in motion picture production and an OSHA 30-hour training for general industry.

Who approves or certifies the Safety Advisor?

There is not an approving or certifying body for Safety Advisors. The hiring production should verify that the Safety Advisor meets the qualification requirements set forth in section 9151.

What happens if there are reshoots or additional scenes after the Final Safety Evaluation report has been submitted? Do we need to submit an amended report?

Yes, if there are reshoots or additional scenes after the Final Safety Evaluation report has been submitted, an addendum report will need to be submitted.

Do we have to submit the Final Safety Evaluation Report to anyone except the California Film Commission? If so, to whom/how do we do that?

Yes, the Final Safety Evaluation Report should also be submitted to the Industry-Wide Labor-Management Safety Committee as well as the California Film Commission. Information about how and to whom to submit the reports will become available as the pilot program is further developed.

 

January 2025