PART 13. SAFETY IN ENTERTAINMENT MOTION PICTURE PRODUCTIONS
9150.
(a) The Legislature finds and declares the following:(1) The primary protections for the cast and crew of an entertainment a motion picture production when firearms are used are voluntary safety standards developed by the Industry-Wide Labor-Management Safety Committee for use by the motion picture and television industry.
(2) The safety standards are detailed recommendations for safety with prop
firearms and the use of blanks and live ammunition.
(3) Tragic accidents incidents like the one that occurred on the set of “Rust” are preventable, but only when the safety measures are followed. The followed by trained, experienced, certified, and professional entertainment industry armorers hired by the employer to oversee the firearms used on a
production.
(4) The growing popularity of a diverse array of media
platforms and reality television has only increased the need to ensure safety on sets.
(5) Ensuring the overall health and safety on motion picture productions sets is especially critical for the safe handling of firearms.
(6) The introduction of a mandatory safety supervisor will ensure that overall safety on sets is a priority.
(b) It is the intent of the Legislature, in enacting this part, to raise safety standards on sets and regulate live ammunition, blanks, firearms that are
capable of firing live or blank ammunition,
ammunition or blanks, and certain other gun-like weapons capable of shooting projectiles on entertainment firearm-like devices capable of firing projectiles on motion picture production sets.
(c) It is not the intent of the Legislature in enacting this part to do either of the following:
(1) Adversely impact the employment or retention of craft employees responsible for handling weapons used in entertainment firearms used in motion picture productions.
(2) Preclude the use of firearms, replica, simulated, or inert prop firearms or to influence content in entertainment motion picture productions.
9151.
As used in this part:(a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(b) “Blank” means an ammunition cartridge designed to be used in a firearm to, when fired, create an explosive sound, muzzle flash, or recoil, or to cycle the action of the firearm, but which does not contain a bullet or projectile that is expelled from the barrel when fired, although a paper or plastic wad or plug may be expelled.
(c) “Division” means the Division of Occupational Safety and Health.
(d) “Employer” means an employer engaged in producing an entertainment a motion picture production.
(e)“Entertainment production” means a motion picture, television, video, theatrical, or other entertainment production or event.
(f)
(e) “Firearm” means a device, designed to be used as a weapon, from which is expelled expel through a barrel, 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 firearm without a functioning firing pin.
firearm.
(g)“Functioning gun-like weapon” means a device, designed to be used as a weapon, that is capable of expelling projectiles through a barrel by means other than the force of an explosion or other form of combustion. This includes, but is not limited to, air guns and carbon
dioxide-operated guns.
(h)“Live ammunition” means a metallic cartridge containing a case, primer, propellant or powder, and projectile, such as a pistol or rifle. “Live ammunition,” in the case of a shotgun, means a shotgun hull containing primer, propellant or powder, wad, and projectile.
(i)“Live gun” means a firearm with a functioning firing pin.
(f) “Motion picture production” means the development, creation, presentation, or broadcasting of theatrical, televised, or streamed motion picture, television program,
commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes, whether these productions are presented by means of film, tape, live broadcast, cable, satellite transmission, internet, or any other technology that is now in use or may be adopted in the future.
(g) “Set safety supervisor” means a person independent of the cast and crew who has autonomy and authority for overall safety on set and who meets, at a minimum, all of the following qualifications:
(1) At least five years’ experience on set in the film and television industry.
(2) Completion of a joint labor and management training on industry protocols, state and federal law, and best practices on set safety or equivalent accredited
training.
(3) Completion of a 30-hour training program authorized by the federal Occupational Safety and Health Administration (OSHA-30 training).
(4) Experience in assessing and mitigating workplace risk in the entertainment industry.
(5) Accreditation by ____.
(j)
(h) “Standards board” means the Occupational Safety and Health Standards Board.
9152.
An employer shall hire a qualified set safety supervisor for all motion picture productions to perform an overall risk assessment to be completed prior to the first day of production and to be on set daily to ensure cast and crew are not engaged in or exposed to an environment or activity that puts workers’ health and safety at risk.9152.9153.
(a) A live gun, functioning gun-like weapon, firearm, a functioning firearm-like device, and blank ammunition containing gunpowder or other explosive charge shall only be permitted on entertainment motion picture productions,
for the purposes of rehearsal, the filming of an on-camera sequence, or other development of content of the entertainment motion picture production with individuals of the cast or crew, under the following conditions:(1) Under the custody and control of a qualified armorist, prop or armorer, property master, or designee, as specified.
(2) The employer has ensured sufficient staffing of qualified armorists, prop or
armorers, property masters, or designees, as specified, reflective of the amount of gun firearm use in any particular scene.
(3)The employer has hired a qualified safety supervisor or officer, independent of the cast and crew, to be on set to ensure cast and crew are not engaged in or exposed to an environment or activity that puts workers’ health and safety at risk.
(b) A qualified armorist, prop or
armorer, property master, or designee handling a firearm in the course of the entertainment motion picture production shall have all of the following:
(1) A current Entertainment Firearms Permit (EFP) entertainment firearms permit or current dangerous weapons permit or license issued by the Department of Justice.
(2) A joint entertainment industry labor-management firearm safety training course certificate.
certificate or equivalent recognized by the entertainment industry.
(3) One of the following:
(3)
(A) A signed rental sheet or copy of a completed Bureau of Alcohol, Tobacco, Firearms and Explosives “ATF Form 4473,” stating the lawful transfer of Title 1 Firearms to that armorer or property master, or a copy of a
current Federal Firearms License (FFL) establishing the armorer or property master as the lawful transferee possessor of the firearms who may obtain and retain custody of all firearms used in film, television, and commercial productions.
(4)
(B) In the event of the use of restricted firearms classified under the Bureau of Alcohol, Tobacco, Firearms and Explosives National Firearms Act Division (ATF NFA) rules, and
including “assault weapons,” as defined by California law, a set of current Dangerous Weapons Permits dangerous weapons permits issued by the Department of Justice, or in the absence of such permits, a clearly dated extension letter for 120 days from the Department of Justice Bureau of Firearms permitting the armorer or property master to continue their activities with restricted firearms, and a signed rental sheet from the federally licensed armory providing the firearms, or a current FFL and current ATF Special Occupational Tax Stamp establishing lawful possession of restricted firearms by that armorer or property master must be presented for the armorer or property master to obtain and retain custody of NFA firearms. In such a
case, the Dangerous Weapons Permits
dangerous weapons permits issued by the Department of Justice shall supersede the Entertainment Firearms Permit. entertainment firearms permit.
(c)A safety supervisor is defined as an individual independent of the cast and crew and shall meet the following training requirements:
(1)____.
(2)____.
9154.
The employer shall document and report in accordance with this section any incident involving a firearm or blank ammunition that occurs during a film or television production in accordance with division safety incident reporting requirements and in consultation with experts, regardless of whether the incident results in injury. The employer shall submit the report to the motion picture production safety department, the set safety supervisor, and any bona fide labor organization representing workers at the production. The employer shall also notify the division of the incident and the notice shall contain the same information as would be required in an incident report in a Cal/OSHA Form 300 injury and illness log, unless the information is inapplicable or unknown to the employer.9153.9155.
(a) Live ammunition Ammunition shall never not be permitted on film, television, and commercial sets, except as follows:(1) In the controlled environment of a
shooting range or equivalent and for the purposes of live actor training, training or postproduction live fire
gunfire sound recording.
(2) While filming a reality television project that includes firearms and live ammunition. show, the subject matter of which is actual gunfire, such as a competitive reality show or firearms education and safety training production.
(b) In the exceptions set forth in subdivision (a), all range safety rules, federal, state, and local laws, and Industry-Wide Labor-Management Safety Committee
Safety Bulletin #2 shall be followed under the supervision of the armorer or property master.
armorer, property master, or designee. A medic also shall be present.
9154.9156.
Every employer shall ensure that any employee in proximity to the use of responsible for handling, or in proximity to, firearms on set completes the Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training. This training requirement shall be paid for
by the employer and is not limited to crew or guild members.9155.9157.
An employer shall comply with this part and all applicable safety standards adopted by the standards board, including, but not limited to, standards adopted pursuant to this part.9156.9158.
This part does not apply to the following: following persons when they are on the perimeter of a set where motion picture production is happening:(a) 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 entertainment 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.
(b) 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.
9157.9159.
(a) Any employer who violates Section 9152, 9153, 9155, or 9154 9156, or any occupational safety or health standard adopted pursuant to this part, and the violation is specifically determined not to be of a serious nature, shall be assessed a civil penalty of up to ____ dollars ($____)
thirteen thousand two hundred seventy-seven dollars ($13,277)
for each violation.(b) Any employer who violates Section 9152 9153 or any occupational safety or health standard adopted pursuant to this part, if the division determines the violation to be a serious violation pursuant to Section 6432, shall be assessed a civil penalty of up to ____ dollars ($____) twenty-five thousand dollars ($25,000) for each violation.
(c) Any employer who willfully or repeatedly violates Section 9152
9153 or any occupational safety or health standard adopted pursuant to this part shall be assessed a civil penalty of up to ____ dollars ($____) one hundred thirty-two thousand seven hundred sixty-five dollars ($132,765) for each violation.
(d) Any employer who fails to correct a violation of Section 9152 9153 or any occupational safety or health standard adopted pursuant to this part, within the period permitted for its correction, shall be assessed a civil
penalty of up to ____ dollars ($____)
twenty-five thousand dollars ($25,000) for each violation for each day during which the failure or violation continues.
(e) Commencing January 1, 2023, and each January 1 thereafter, the maximum penalty amounts specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing penalty amounts based on the annual increase in the CPI-U shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that
the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued.
9158.9160.
(a) The division shall enforce this part.(b) On or before July 1, 2023, the division shall propose to the standards board, for its review and adoption on or before January 1, 2024, a standard consistent with this part that protects the health and safety of entertainment motion picture production employees with regard to the
storage, handling, and use of firearms, gun-like projectile weapons, and ammunition on set. firearm-like projectile devices, and blanks on set and for use of ammunition pursuant to Section 9155. In the development of the proposed safety standard, the division shall consider and incorporate, to the extent feasible and consistent with this part, the provisions of Industry-Wide Labor-Management Safety Committee Safety Bulletin #1, entitled “Recommendations for Safety with Firearms and Use of ‘Blank Ammunition’,” and Safety Bulletin #2,
entitled “Special Use of ‘Live Ammunition’,” as those bulletins read as of January 1, 2023. safety bulletins regarding the use of firearms, blank ammunition, and live ammunition. The division may also consider other safety standards established by Industry-Wide Labor-Management Safety Committee bulletins, as the division determines to be relevant, including, but not limited to, Safety Bulletin #5 entitled “Safety Awareness,” as those bulletins read as of January 1, 2023. relevant.
9159.9161.
This part or any related health and safety standard shall not prevent or limit employer adoption of stricter safety standards.