Businesses and vendors that employ workers involved in the setup, operation and tearing down of live events held at public event venues in Los Angeles — and throughout California — have new and stricter laws to follow with the passage of Assembly Bill 1775 last September.
The new law took effect on January 1, 2023, and with the numerous live events scheduled in Los Angeles in 2023, private businesses and entertainment vendors that stage events in public venues should know what the new workplace safety laws mean for them.
First, what is considered a public venue? A public venue can be either indoor or outside but for it to be a public venue, it must be located on state- or county-owned facilities. The Expo Center and Hollywood Bowl, for example, are public venues, as are Grand Park & The Music Center Plaza, Friendship Auditorium and Pershing Square. All events held must follow the new workplace safety law.
To be in compliance with AB 1775, business and vendors that contract to stage entertainment events must ensure that:
- Employees involved in the setting up, operation, or tearing down of a live event at the public venue have completed the Occupational Safety and Health Administration (OSHA) training that is applicable to their position. That training is Cal/OSHA-10, the OSAH-10/General Entertainment Safety training, or the OSHA-10 training applicable to their occupation.
- One of the following applies:
- Department heads and leads must complete the Cal/OSHA-30, the OSHA-30/General Entertainment safety training, or the OSHA-30 and be certified through the Entertainment Technician Certification Program that matches the task or tasks they supervise or perform, or another certification program, as specified by the Division of Occupational Public Safety and Health; or
- The entertainment events vendor certifies that its employees, and any subcontractors’ employees, meet the conditions for a skilled and trained workforce.
- One of the following applies:
In addition:
- The vendor must certify in writing, and as part of their contract, that they have verified that all employees and subcontractor employees involved in the setup, operation or tearing down of the event have completed the training and certification requirements.
- Direct employees of the public events venue are not held to these requirements.
Enforcement and Penalties of New Workplace Safety Law
Any business or live entertainment vendor found not to be in compliance with AB 1775 may be issued a citation or notice alleging violation as specified under Sec. 6317 of the California Labor Code. And, a civil penalty, regulated under Sec. 6423, may also be imposed.
- The entertainment events vendor is assessed civil penalties for the employees and subcontractors’ employees who have not completed the required training or certification.
- The entertainment events vendor citation is in addition to any other penalties authorized under Title 8 of the California Code of Regulations, which falls under the California Department of Industrial Relations.
- Any person who receives a citation and/or penalty may appeal the citation an/or penalty within 15 working days of receiving notice of the citation or civil penalty.
Complexities in Workplace Safety Law
For businesses and vendors that contract to stage live events in public venues, the new law seems fairly simple: ensure your leads and workers are trained as specified under Cal/OSHA regulations.
However, the new law references several sections of the Labor Code and other state laws, especially when it comes to citations, notices and civil penalties. This can make it difficult, and frustrating, for vendors who receive citations, notices and/or civil penalties. Consulting with a skilled employment attorney can assist you in determining your next steps. LawPLA specializes in defending employers who are accused of noncompliance — in court and before the California Labor Board.
To speak with a LawPLA attorney, contact one of our Los Angeles offices or schedule an appointment online.
