The California State Safety on Production Pilot Program

Safety On Production Pilot Program

July 18, 2023

The California Safety on Production Pilot Program (SPPP) is a state program that establishes enhanced safety requirements for any film or TV production that receives the Program 4.0 California Film and Television Tax Credit. Annually, dozens of California productions must comply with the SPPP by employing a qualified, dedicated Safety Advisor and conducting written risk assessments to mitigate potential risks and hazards during production, including pre-production, that could lead to injury, illness, or fatality.

The DGA firmly believes that every worker deserves a safe and healthy workplace. Pre-production planning and effective oversight is key to achieving on set safety. In 2021, the DGA AD/UPM special Exploratory Committee recommended adopting the highly successful safety supervisor programs utilized in the United Kingdom and Australia for U.S. productions. In 2022, DGA President Lesli Linka Glatter appointed the DGA Safety Committee, chaired by National Board Member Karen Gaviola, to explore legislation and collective bargaining strategies to achieve better safety standards in the industry.

Collaborating with California State Senator Dave Cortese and our sister unions IATSE, the Laborers, SAG-AFTRA, the Teamsters, and the California Labor Federation, the DGA embarked on a multi-year lobbying campaign in Sacramento to hold the film industry accountable and to implement elevated safety standards.

Furthermore, as part of the DGA’s recent agreement with the AMPTP, the film studios have committed to establishing additional pilot programs, modeled after the California SPPP, in New York and Georgia. Each studio, represented by the AMPTP, has agreed to implement the program for at least one 75-minute or longer dramatic project in each state.


Program Overview

The SPPP starts July 1, 2025. This time-frame allows for proper training and staffing of qualified Safety Advisors without which the program will note be successful. The California Division of Occupational Safety and Health (CAL-OSHA) will enforce this program.

What Productions Must Comply?

The SPPP applies to a film or TV production that receives the California Film and Television Credit, Program 4.0, which begins in 2025.

What is a Safety Advisor?

The Safety Advisor must be a qualified safety professional who possesses one of the following three professional safety backgrounds:

  • At least two years’ experience primarily performing safety-related work in the entertainment industry as a department head, foreperson, or in a production safety position within the motion picture production; OR
  • At least 500 verifiable days in another crew position in motion picture production, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to both performers and crew; OR
  • Five or more years of safety related work, where safety was a primary role and responsibility, in another industry, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to workers and the public.

The Safety Advisor must also complete the following trainings:

  • A joint labor and management training on industry protocols, state and federal law, and safety practices in motion picture production; AND
  • An OSHA 30-hour training for general industry; AND
  • Any other trainings to be determined.

What is the role of the Safety Advisor?

The Safety Advisor must be a full-time position that will be involved every day of pre-production and production. The employer must hire a Safety Advisor for California filming activities by the time the department heads start the pre-production process of planning for construction or high-risk activities. There must be at least one Safety Advisor exclusively assigned to each production.

The Safety Advisor will work in tandem with, but independent of, the performers and crew members. This individual cannot have any other role on the production.

In collaboration with department heads and subject matter experts, the Safety Advisor will complete a general risk assessment and, in certain scenarios, a more detailed and involved specific risk assessment. These assessments will include mitigation plans.

The Safety Advisor must also be on production to ensure compliance.

Who will the Safety Advisor report to?

The Safety Advisor reports to the unit production manager, or other person(s) responsible for overall safety.

Will department heads or other safety professionals report to the Safety Advisor?

No. This new role will not alter the reporting structure. The Safety Advisor will be there to support department heads and other safety professionals on production. These individuals will work together to minimize risk and hazards on production and to help the project run more smoothly by coordinating advanced planning.

Will the Safety Advisor have authority to shut down a production?

Yes, temporarily, but only as a last resort. The Safety Advisor retains autonomy to address production-related risk, including, as a last resort, the authority to temporarily halt production until a thorough examination of the potential risks or hazards and the mitigation plan can take place among the decision makers on production.

What does a general risk assessment entail?

A general risk assessment is a written script-based analysis of the production. The assessment will identify and evaluate any pre-production and production activity or production locations that may pose a risk or hazard to employees and set forth a mitigation plan for those risks or hazards. Department heads and those with specialized knowledge will be involved in developing a mitigation plan.

What is a specific risk assessment and when is one required?

A specific risk assessment goes farther than the general risk assessment. This written document will focus on identified high-risk activities or situations.

  • It will include detailed and specific mitigation plans and procedures to identify and evaluate workplace hazards that have an elevated risk factor or factors or a combination of multiple risk factors.
  • It will identify the group of employees affected by the assessed risk.
  • The mitigation plan will identify the precautions and controls to be taken to mitigate that risk and reevaluate the level of risk assuming those controls are implemented or if no steps are taken to mitigate that risk.

A specific risk assessment must be performed in the following situations:

  • Workweeks of more than 60 hours
  • The use of firearms
  • The use of major pyrotechnics and explosives
  • Major stunts
  • Process shot moves
  • Aircraft or trains
  • Vehicles off road
  • Watercraft in open water
  • Instances where an individual is underwater for prolonged periods

The Safety Advisor also has authority to determine if, and when, a specific risk assessment is necessary for other on and off set activities and situations. Safety Advisors retain this discretion as a matter of California law. They may choose to perform a specific risk assessment in other scenarios, for example, a Safety Advisor may choose to complete a specific risk assessment for the following activities:

  • Overhead rigging
  • Rugged outdoor locations
  • Inclement weather
  • Animals
  • Heights
  • Intermittent traffic control
  • Night shoots
  • High-risk activities or situations identified for a specific risk assessment

What happens to the risk assessments after they are done?

After the completion of production, the Safety Advisor must prepare a final safety evaluation report based on the actual risk and compliance experience.

Within 60 days following the cessation of filming activities, the Safety Advisor must provide the final safety evaluation report to the Industry Wide Labor Management Safety Committee (a joint labor management group) and the California Film Commission. Any unplanned or unknown reshoots or additional scenes filmed after the submission of the report require an addendum report.

All risk assessments shall be accessible via electronic transmission, upon request, to performers, crew, and labor organization representatives.

Are there any other requirements in the SPPP?

Yes, production must conduct a daily safety meeting.

If there are multiple worksites, the Safety Advisor has the discretion to determine where their presence is most needed. They shall be at any safety meeting happening at their selected worksites. A Safety Advisor may choose to go to multiple worksites in a day and may participate in more than one safety meeting a day.

The employer must identify a person for performers, crew, labor organization representatives and CAL-OSHA to contact for issues regarding compliance.


FAQ

The production I’m working on is receiving the tax incentive. Does the production have to hire a Safety Advisor now?

No. This program starts on July 1, 2025. Legislation takes time to implement. This program is also tied to Program 4.0 of the tax incentive, which begins in 2025.

This is a new position in the United States; it will take time to identify and train qualified candidates for this position. The DGA members involved in this process were clear that Safety Advisors must be qualified and trained for the program to be successful.

What will this program do to address long hours?

To protect the well-being and safety of workers, this new program establishes a stringent requirement that a production must complete a specific risk assessment if any work week is scheduled, expected, or likely to exceed 60 hours.

This specific risk assessment serves to identify and evaluate risks and hazards associated with long hours, and for production to avoid the confluence of fatigue and difficult maneuvers. It is critical that productions consider how long hours affects physical strain, fatigue levels, reduced concentration, and other safety hazards that may arise. The production must also develop a mitigation plan to minimize risks and hazards.

Starting July 2025, what do I do if production is receiving the Program 4.0 tax incentive but does not hire a Safety Advisor, or the Safety Advisor is not adequately performing their duties?

You may contact the studio safety hotline, your labor union’s safety hotline, your union representative, or reach out to the California Division of Occupational Safety and Health (CAL-OSHA).

The employer must identify a person for performers, crew, labor organization representatives and CAL-OSHA to contact for issues regarding compliance.

Where can I find Safety Advisors to hire?

It is the employer’s obligation to train qualified Safety Advisors by the July 1, 2025, start date.

In Australia and the United Kingdom, Safety Advisors often worked as safety professionals in other industries, or it is common for a trained assistant director, stunt coordinator, or other industry professional to become a Safety Advisor.  However, a Safety Advisor cannot have any other role on that project, so, for example, one cannot be both the production’s stunt coordinator and Safety Advisor.

I’m interested in becoming a Safety Advisor. What is the process for me to be considered?

The employer is responsible for hiring qualified Safety Advisors. We will provide additional guidance once it becomes available.

The DGA is committed to this program’s success and the creation of a qualified pool of Safety Advisors in the entertainment industry.

Is the Safety Advisor position represented by any of the entertainment unions?

No.