9150.

 (a) The Legislature finds and declares the following:

(5) The primary protections for the cast and crew of in a motion picture production production, including when firearms are used used, are found in voluntary safety standards developed by the Industry-Wide Labor-Management Safety Committee for use by in the motion picture and television industry.

(6) The safety standards in the firearm safety bulletins of the Industry-Wide Labor-Management Safety Committee are detailed recommendations for safety with firearms and the use of blanks and ammunition.

(7) Tragic incidents like the one that occurred on the set of “Rust” are preventable, but only when the safety measures are followed by trained, experienced, certified, and professional entertainment industry armorers hired by the employer to oversee the firearms used on a production.

(b) It is the intent of the Legislature, in enacting this part, to raise safety standards on sets and regulate ammunition, blanks, and firearms that are capable of firing ammunition or blanks, and certain other firearm-like devices capable of firing projectiles on motion picture production sets. blanks.

(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 firearms used in motion picture productions.

(2) Preclude the use of firearms, replica, simulated, or inert prop firearms or to influence content in 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 may be expelled.

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

(d) “Employer” means an employer engaged in producing a motion picture production.

(e) “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. firearm or a special effects device.

(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 is not employed for any other role on the project; has autonomy and authority for overall safety on the set; has the authority to halt production for further review without being disciplined for exercising this authority in good faith; 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 Qualified in assessing and mitigating workplace risk in the entertainment industry.

(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 based in what the script demands and encompasses all hazards in the workplace or to the public, to be completed prior to the first day of production of a feature, an episode of a series, or a program, 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.

9153.

 (a) A firearm, a functioning firearm-like device, firearm and blank ammunition containing gunpowder or other explosive charge shall only be permitted on motion picture productions, for the purposes of rehearsal, the filming of an on-camera sequence, or other development of content of the motion picture production with individuals of the cast or crew, under the following conditions:

(1) Under the custody and control of a qualified armorer, property master, or designee, as specified.

(5) The employer has ensured sufficient staffing of qualified armorers, property masters, or designees, as specified, reflective of the amount of firearm use in any particular scene.

(b) A qualified armorer, property master, or designee handling a firearm in the course of the motion picture production shall have all of the following:

(1) A current 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 or equivalent recognized by the entertainment industry.

(3) One of the following:

(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 possessor of the firearms who may obtain and retain custody of all firearms used in film, television, and commercial productions.

(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 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 issued by the Department of Justice shall supersede the entertainment firearms permit.

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.

9155.

 (a) Ammunition shall not be permitted on film, television, and commercial sets, except as follows:

(1) In the controlled and supervised environment of a shooting range or equivalent and for the purposes of actor training or postproduction gunfire sound recording. recording, a documentary, except reenactments, or firearms education.

(2) While filming a show, the subject matter of which is actual gunfire, gunfire or where actual gunfire is essential to the subject matter of the work, such as a competitive reality show show, a documentary, except dramatic reenactments, or a 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, property master, or designee. A medic also shall be present.

9156.

 Every employer shall ensure that any employee 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.

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.

9158.

 This part does not apply to the 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 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.

9159.

 (a) Any employer who violates Section 9152, 9153, 9155, or 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 thirteen thousand two hundred seventy-seven dollars ($13,277) for each violation.

(b) Any employer who violates Section 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 twenty-five thousand dollars ($25,000) for each violation.

(c) Any employer who willfully or repeatedly violates Section 9153 or any occupational safety or health standard adopted pursuant to this part shall be assessed a civil penalty of up to 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 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 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.

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 motion picture production employees with regard to the storage, handling, and use of firearms, firearm-like projectile devices, firearms 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 bulletins regarding the use of firearms, blank ammunition, and live ammunition. The division may shall also consider other safety standards established by Industry-Wide Labor-Management Safety Committee bulletins, as the division determines to be relevant.

9161.

 This part or any related health and safety standard shall not prevent or limit employer adoption of stricter safety standards.