Senator Dave Cortese (D-Silicon Valley), chair of the California Senate’s Labor Committee, has introduced SB 831 on the first day of the 2022 Legislation Calendar which sets up a first-in-the-nation regulatory process to keep entertainment workers safe and hold industry entities accountable. Currently there are no state regulations around the use of firearms and live ammunition on theatrical sets.
Assemblymember Ash Kalra (D-San Jose) is a principal co-author of this bill.
Senator Cortese expressed his intent to establish new safety standards and best practices for workers in the entertainment industry in the wake of the tragic shooting on the set of the film “Rust”.
Specifically, SB 831 restricts the use of live ammunition and firearms on sets of all entertainment and theatrical productions, establishes safety protocols, including safety trainings, codifies proven safety measures, creates a penalty structure for violations, and enables the state to enforce and ensure compliance while creating an avenue of recourse for employees.
“No life should ever be put at risk due to the improper or reckless handling of firearms”, says Senator Cortese pointing to the growing popularity of a diverse array of media platforms and reality television that have increased the need to ensure safety on sets. “Entertainment employers should be held to the highest standards of the industry here in California and hopefully these requirements will be adopted by states throughout the country. When it comes to basic human safety and firearms in the workplace, we have an obligation to address firearms safety issues industry-wide, not just amongst those who are already diligent in their efforts. SB 831 takes into consideration the safety and well-being of entertainment workers and create standards, remedies, enforcement mechanisms that empower workers to speak out if their rights are being violated, as well as penalties codified in law, so that no one can get around skirting these rules.”
He added, “I’d like to thank the many entertainment workers who helped to craft this bill and continue to provide their invaluable insight into what is needed to keep theatrical productions safe”.
“I am proud to be a principal coauthor of SB 831, an historic piece of legislation to promote gun safety on sets,” said Assemblymember Kalra. “Like all workers, those in the entertainment industry deserve a safe workplace and should not be put in jeopardy of risking their lives.”
Although existing state law requires employers to have an effective Injury and Illness Prevention Plan (IIPP) that includes training and instruction on safe work practices, nothing in existing law provides specific guidelines and direction on how to ensure worker safety in the motion picture, live stage, and television industry. Nothing in existing law regulates the safe use of guns and ammunition in the workplace. Current recommended entertainment industry guidelines produced by an “Industry-Wide Labor-Management Safety Committee”, composed of guild, union, and management representatives, are not binding laws or regulations for which Cal/OSHA (also known as The Division of Occupational Safety and Health) can ensure enforcement.
- This bill, for the first time, applies firearms restrictions to the labor code with OSHA enforcement to the entire theatrical production industry in the state, including Theatre, TV and Motion Pictures;
- This bill, for the first time, applies industry standards to union and non-union productions alike, and equally so;
- This bill, for the first time, time establishes and defines statewide legal definitions for ammunition and firearms;
- This bill, for the first time, clearly defines the difference between “blanks” and “live ammunition”;
- This bill, for the first time, establishes state code enforcement and fines for firearms safety violations in the entertainment workplace;
- This bill, for the first time, restricts the handling of any type of prop guns in the workplace to singular, qualified, licensed individuals as a matter of state law; and
- This bill, for the first time, restricts the alteration of prop guns or blanks.
As Chair of the Senate Labor Committee, State Senator Cortese is tasked with reviewing bills that affect workers, ranging from issues such as workers’ safety, workers’ rights, compensation and insurance. Senator Cortese previously joined over 50 members of the State Legislature to urge the Alliance of Motion Picture and Television Producers to negotiate collaboratively and in good faith with Hollywood craft workers advocating for improved wages and working conditions on movie and television sets.
In his local district, Senator Cortese spearheaded Santa Clara County’s “safe-storage ordinance” that prevents accidental shootings and suicides in homes.
Senator Dave Cortese represents State Senate District 15 which encompasses most of Santa Clara County, including the cities of Campbell, Los Gatos, Cupertino, Saratoga, Monte Sereno, and much of San Jose, stretching from the Santa Cruz Mountains to the west and Mountain Hamilton Range to the east.
