Existing law requires a body that contracts with an entertainment events vendor (Contracting Entity) to set up, operate, or tear down a live event at a public events venue, including a state-operated fairground, county fairground, state park, California State University, University of California, or auxiliary organization-run facility that hosts live events (Public Events Venue) to require an entertainment events vendor to certify that its employees and employees of its subcontractors have complied with specified training, certification, and workforce requirements, including employees involved in the setting up, operation, or tearing down of a live event and have completed prescribed trainings of the United States Department of Labor’s Occupational Safety and Health Administration. Existing law requires the Division of Occupational Safety and Health in the Department of Industrial Relations to enforce those provisions by issuing a citation and a notice of civil penalty against an entertainment events vendor, as specified, and to deposit those funds in the Occupational Safety and Health Fund.
AB 2738 requires a contract between a Contracting Entity and an entertainment events vendor for services at Public Events Venue to be in writing. The contract must contain a provision that the entertainment events vendor will furnish the Contracting Entity, upon hiring for the live event, with information about its employees and its subcontractors’ employees. The entertainment events vendor must provide the names of its employees and the names of its subcontractors’ employees and what training or certification the employee has completed and the date of certification.
AB 2738 subjects the contract to a provision of the California Public Records Act that makes any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, a public record subject to disclosure under that California Public Records Act, as prescribed.
AB 2738 authorizes the Contracting Entity to use or disclose to third parties the disclosed information about the employees and subcontractors for the purpose of carrying out the Contracting Entity’s duties under the contract but prohibits the use or disclosure of the information for unrelated purposes.
Existing law provides that the entertainment events vendor is subject to penalties for violation of these provisions. AB 2738 expands the entities subject to penalties for a violation of these provisions to include a Public Events Venue and a Contracting Entity.
AB 2738 authorizes a public prosecutor to enforce these provisions pursuant to the alternative enforcement procedures pursuant to Labor Code 180, et al.
(AB 2738 amends sections 181, 9251, and 9252 of, and adds section 9252.1 to, the Labor Code)