California Labor Code 9152 – (a) The Safety on Productions Pilot Program is hereby …
(a) The Safety on Productions Pilot Program is hereby established. Commencing July 1, 2025, until June 30, 2030, inclusive, 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 shall, for that motion picture production, hire or assign a safety advisor for California filming activities by the time the department heads start the preproduction process of planning for construction or high-risk activities to perform a risk assessment and, if required under this part, a specific risk assessment, to be completed in collaboration and consultation with appropriate production personnel, including, but not limited to, department heads and those with specialized knowledge. There shall be a dedicated safety advisor present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. The safety advisor shall have the authority to determine which worksite is most appropriate to have a physical presence on when multiple production-related activities are taking place in multiple locations.
(b) Any specific risk assessment shall be revised if there are meaningful changes to the proposed activity or location that would change the specific risk assessment or mitigation plan.
Terms Used In California Labor Code 9152
- committee: means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly. See California Labor Code 9151
- Department: means the Department of Industrial Relations. See California Labor Code 6302
- Division: means the Division of Occupational Safety and Health. See California Labor Code 9151
- Employer: means an employer engaged in producing a motion picture production. See California Labor Code 9151
- Filming activities: includes 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. See California Labor Code 9151
- 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. See California Labor Code 9151
- 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. See California Labor Code 9151
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Pilot program: means the Safety on Productions Pilot Program established in Sections 9152 and 9152. See California Labor Code 9151
- Risk assessment: is a detailed written review of a script and production plan prepared in accordance with Section 9152. See California Labor Code 9151
- 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. See California Labor Code 9151
- Specific risk assessment: means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152. See California Labor Code 9151
(c) All risk assessments shall be accessible via electronic transmission, upon request, to performers, crew, and labor organization representatives.
(d) The safety advisor shall have access to, and the opportunity to inspect, all locations, facilities, equipment, supplies, materials, and props to safeguard the safety of the performers and crew members. Access or inspection by a safety advisor pursuant to this subdivision does not include handling or otherwise touching a firearm.
(e) Production shall conduct a daily safety meeting, including, but not limited to, the meeting required in paragraph (4) of subdivision (a) of Section 9153.
(f) The safety advisor shall participate in daily safety meetings when occurring at the safety advisor’s selected worksite or worksites, if there are multiple production-related activities taking place in multiple locations.
(g) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance.
(h) The safety advisor shall prepare a final safety evaluation report based on the actual risk and compliance experience, as set forth in subdivisions (a) to (e), inclusive. Within 60 days following completion of filming activities, the safety advisor shall provide the final safety evaluation report 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.
(i) (1) 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.
(2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with § 9795 of the Government Code.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
(Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161. Repealed as of January 1, 2031, by its own provisions.)