Mandatory 10/30 Hour Safety and Health Course for the Entertainment Industry (AB190)
The Governor of Nevada recently signed Assembly Bill 190 requiring OSHA 10 and 30 hour training for the Entertainment Industry.

Starting January 1, 2018 the State of Nevada will require specific workers in the entertainment industry to complete an OSHA 10 hour (non-supervisory employee) or an OSHA 30 hour (supervisory employee) safety and health general industry course and receive a completion card within 15 days of hire.

The specific workers are ones whose primary occupation on site falls into one of these categories:

Theatrical scenery, rigging or props
Wardrobe, hair or makeup
Audio, camera, projection, video or lighting equipment
Any other items or parts which are related to or components of the items described in 1, 2 or 3 and which are used for on in conjunction with the presentation or production of:
Live entertainment
Filmmaking or photography, including without limitation, motion pictures
Television programs, including, without limitation, live broadcasts, closed-circuit broadcasts or videotape recordings and playback
Sporting Events
Theatrical performances


This requirement will not apply to volunteers or any other persons who are not paid to perform work on a site.

“Site” is defined as a theater where live entertainment is performed, a sound stage, a showroom, a lounge, an arena or a remote site which has been designated as a location for the production of a motion picture or television program.

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The 10 Hour OSHA certification class can be found online for as little as $25 up to $100+
Students are not permitted to take more than 7.5 hours of classes per day, so there's a 2 day minimum to receive your certification.
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addendum:  The original thread is the same as this but geared towards photographers is at https://www.modelmayhem.com/forums/post/971002

SayCheeZ!  wrote:
I don't know if any of my amigos are aware of this but it's EXTREMELY IMPORTANT!


http://4safenv.state.nv.us/news/nevada- … nt-updates

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The 10 Hour OSHA certification class can be found online for as little as $25 up to $100+
Students are not permitted to take more than 7.5 hours of classes per day, so there's a 2 day minimum to receive your certification.

I'm going to post this in the other thread in the photography forum as well.

I just spent 3 hours looking into this dealing with numerous phone calls, transfers, people away from their desks, etc., and my brain is about to fry. Here's the scoop. It's not good.

Remember how Amazon.com figured out that they could hurt smaller businesses by charging online sales tax? This is not much different. The OSHA representative I just spoke with told me that this was not mandated by the government, but rather some other photography organization that was demanding everyone in the industry needs to be OSHA compliant so they went to OSHA and said that all photographers and videographers in the state need to take a series of courses or pay a big fine. My bet is this is was intended to create a hassle via fines and legal issues for photographers to stifle competition. I was told that this was a large proposal put forward to OSHA and that they neither sided with it nor objected to it so it just moved through the system and became a regulation on it's own without any major OSHA support. Someone just snuck it in the legislation session and it passed. I so fucking hate government. The OSHA rep I spoke with also told me that he thought the law was very poorly written and will be highly open to subjectivity of the inspector. Catch one of them on a bad day and you're paying a fine.

So, here is how it applies. Basically, everyone who holds a camera and gets paid for it is fucked if you are shooting anywhere on location for anything. For all of those people, you will have to take the mandatory 10-hour class. This ALSO applies to any assistants, makeup artists, hair stylists, etc. If they are working in any capacity within a photo or video shoot, they will need to take the 10 hour class and get certified. I was told that at major conventions like CES and such, they will be sending out OSHA inspectors to do inspections for this. There will be a little grace period on this but not much so my bet is for all us working CES we are OK for now.

For any of us who have an assistant working for us, or a second shooter, or book any 3rd party person or company for a photo shoot, you will have to take the 30 hour class. Even if the person working is a sub-contractor and not an employee, OSHA will deem that person an employee anyway and so they will treat it as an employer/employee relationship and so the larger class is going to be required. So in a nutshell, if you ever plan on hiring someone in any capacity for a photo shoot, you will need to take the 30 hour class and they will need to take the 10 hour class.

Sorry folks. I'm just the messenger.

SayCheeZ!  wrote:
I had a conversation with an OSHA enforcement officer this morning to clarify a few things.  He clarified that models and performers are exempt, therefore are not required to have the card.

Here's a few other questions I asked regarding which workers are required to have the OSHA card:

Question: Is a 1099 contractor required to have the card?
Answer:  OSHA will look at the scope of the 1099 worker.  If the person was told by the company that they must appear at the time and place to perform the job they would be required to have the card.  IF the 1099 person is registered with the state as a SOLE PROPRIETOR business, they would NOT have to have the card, even if the company told the person to appear at the time and place.  If the SOLE PROPRIETOR hired someone else to work with, they both must have the OSHA card. IF the 1099 person is a corporation (Inc or LLC) they MUST have the card because they are technically an employee of the corporation, even if they own it.

Question:  If photography services are being done at a photographers studio, which is in a commercial building that's not part of the theater or lounge, are the people working required to have the OSHA card.
Answer:  No.

Question:  A photographer is working at a large convention.   Would the the photographer be required to have the OSHA card?
Answer:  Most likely the photographer would NOT be required to have the card.  There may be an exceptions where the convention center may be operating as a theater or other non-exempt venue, but for the most part conventions don't fall under the rules.

Question:  A photographer is working at a showroom to take souvenir pictures of people in the audience and isn't really part of the production crew.   Would the photographer be required to have the OSHA card?
Answer: Yes

Clarification:  The law says that an employee has 15 days after being hired to obtain the OSHA card.  That is for NEW employees only.  If The person was already employed they must already have the card.
Fines:  First offense to the company is $500 total, not per person.  So it doesn't matter if it's only one person or 30 people, the fine is still the same.

Select Models wrote:
Adam... read your 'back and forth' with RogerT over on the Facebook Vegas Forum... and he's right.  Terminating a 'model employment' (usually only a few hour shoot assignment/hey babe your assignment is over, here's some cash) within 24 hours (way less than the noted 15 days) covers his ass... and yours.

While I haven't seen the conversation in that forum, nor do I even know that particular forum exists, from the way your statement reads I can pretty much figure out what Roger is professing and it's WRONG.  Dead WRONG.

The OSHA inspector that I spoke with told me that a person has up to 15 days after beginning working to obtain the OSHA card.  If the person was working and DIDN'T get the permit after 15 days, they're in violation of the law even if they only worked for the one day and never works again.

For the photographer, it's NOT on a client by client basis, meaning it doesn't matter if you worked with a client one day and then stopped working with them and then went to work with another client.  The 15 day rule goes into effect the moment the photographer starts working... period.

Of course the model / performer is totally exempt from the OSHA regulations.

The only way a photographer really can be exempt is stated in my previous message... if they're not working in a theatrical setting (showroom, Movie Studio, lounge... etc) , and if they are working in that setting they're exempt if they're working as a licensed sole proprietor without an employee.  If the photographer is working for the venue as an employee, or if the photographer is a corportation (LLC, Inc), or if the photographer is a sole proprietor that hired an assistant they are NOT exempt/

Select Models wrote:
I heard about your lengthy telephone conversation with OSHA... and OF COURSE they're going to tell you that... when you're in doubt... PAY UP!... they ain't answering the phones for free.  I'll bet you they even have a 'canned sales pitch' that you had a hard time busting thru... a few dozen recordings from low-level phone jockies (with zero decision making power) armed with different versions of the same (run you in circles) 'pay-up' message...

For the record, I originally called the wrong OSHA office.  The person that answered didn't know the answers to my questions and connected me to the proper office, where I left a message.  Within an half hour I received a call from the OSHA inspector who was extremely pleasant and thoroughly answered my questions.

I was actually shocked that I got through to a gov't office in such a short time.  I'm thinking (hoping) that's the new 'norm' and not the exception.

In the serious microcosic world of 'model-photographer photoshoots' that exists in Vegas... this is NOT what OSHA is looking for....

Correct.  By law the photographer is exempt in almost all those situations.  The model is totally exempt.

They're going after THE BIG DAWGS... that's 10s of 1000s of wealthy casino entertainment staff members, sporting events employees, theater staff, all those film, television, makeup and wardrobe people thru-out Vegas that OSHA sees as a gravy train...

Even then I don't think they're 'going after' anyone, including 'the big dawgs' for vengeance or spite.   The fine for the first violation is $500.  That's not per person, that's per incident, meaning that if the theater had a staff of 100 people working and NONE of them had the OSHA card it's the same $500 fine as if only one person didn't have the card.

There's no big money in that (albeit if they find other OSHA laws being violated the accumulated fines can be huge).

I gotta few clients I shoot for there around twice a month.  I roll into town... shoot my assignments... collect a check... and I'm OUTTA THERE while OSHA is still asleep at the traffic light.... AND... is there ANYTHING even remotely unsafe about what I do... or even what you and Roger do?... NFW!   

If your clients aren't in the theatrical business (of the various descriptions listed in the law) or a TV or Movie set, you're exempt. 

By the way, the OSHA inspector told me that he's expecting quite a few production companies will be doing this (hiring someone from out of state to come in for a short time).  The law will still apply to you, and yes, they're on the look out.

In my case the main company that I do tech services for simply will not allow me to work unless I have the card, even though I am registered with them as a 1099 licensed sole proprietor business, which by law would be exempt in most cases.

Lisa Berczel wrote:
Other than Big Brother slippery slope concerns.... 10 or 30 hours of Health & Safety training... in and of itself does not sound like a BAD thing.

So, how much does the course cost?
How long is the certification good for?

The 10 hour online course is usually $59-$79, one of the authorized schools is offering it for $25
The 30 hour supervisor cost is $179
The card is good for 5 years, at which time a refresher course can be taken.

Yes, health and safety training is good, but the course is horribly painful.  The first five hours is basically nothing more than OSHA drilling it into your head that you should be proactive rather that waiting for an accident to happen.  It's not until the 5th hour that they start talking about the actual things to watch for.

I feel the whole course can be whittled down to an hour, two at the most... but I guess they're trying to consider that not everyone is bright enough to understand after they've been told 2 or 3 times, so they keep hammering it in for 10 hours.

SayCheeZ!  wrote:
I guess they're trying to consider that not everyone is bright enough to understand after they've been told 2 or 3 times, so they keep hammering it in (you) for 10 hours.

Yeah and thats exactly how most of these governmental agencies treat you... like your a fucking brainless child with no capacity to comprehend.  Makes me wanna just run right down there and jump in line with my check... NOT!...