FAQ: Labor Code Section 9251
1. If a company trains their employees in general overall safety, but does not require the employees complete any formal Cal/OSHA- 10 or OSHA-10/General Entertainment Safety training (or “30” if applicable). Does this meet the legal requirement?
No, that does NOT meet the requirement. The legal requirement states the employees must complete specific OSHA training (specifically Cal/OSHA-10, the OSHA-10/General Entertainment Safety training, or the OSHA-10 as applicable to their occupation, or Cal/OSHA-30). The 10- hour course is required of the staff or laborers and the 30-hour course is required of at least 1 Supervisor (or they can certify their staff "meet conditions of a skilled and trained workforce").
2. Is EH&S, Procurement, or the department requesting the service reaching out to the vendor for the certification form?
Department, but as long as the requisition stops in Procurement or EH&S, we will help ensure this is done.
3. Can the Flexcard, or a Flexcard Authorization Form be used?
Flexcard can be used as the payment, but a purchase order issued to the vendor is required to flow down the legal requirements (PO or Contract clause), and ensure the Certification and Employee List is provided. A Flexcard Auth form in Gateway is not an official PO issued to the vendor.
4. Why can’t we use a Vendor Blanket?
The certification and contract clause is required for each event, so a singular requisition must be used every time.
5. How does this get initiated? A form in the requisition?
Use the Restricted Items dropdown in Gateway on your Requisition, and select Entertainment Event Rentals. This routes the requisition automatically to EH&S and Procurement.
6. What is a “Sub”?
This refers to a subcontractor. If the primary vendor hires another company to do part of the work, the primary vendor is responsible for collecting the certification and employee list from that subcontractor.
7. If a software company sends staff to campus to sync stage passes with the AV wall, do they need the form? If they don't send staff, do they still need it?
If the vendor is on-site to operate or install equipment, it likely applies. However, this specific case involving a software-only company may require a closer look or UCOP legal review.
8. Are we requiring this form for barricades and tents?
Yes, it is better to err on the side of caution and require the form for these items.
9. If student events do not go through Gateway, where should student events upload the signed certification?
The form should be retained as part of the event documents, ideally there is a hosting department responsible for assisting the student group that can retain the documents.
10. If we rent a tent for a staff event at the beach, would that qualify?
This depends on the specific location. A “Public events venue” means a state-operated fairground, county fairground, state park, California State University (property), University of California (property), or auxiliary organization-run facility that hosts live events. It is better to err on the side of caution and require the form if questionable.
11. Confirming this does not apply to UCSB events held at Granada, Arlington, and other non-UCSB venues?
Correct, if the event is at a venue not owned or leased by the UC, such as the Granada and Arlington, this law does not apply.
12. If UCSB funds are not being used but the event is on campus (e.g., external client paying a DJ), does this apply?
Yes. The trigger is the location (public event venue), not the payment source.
13. If the vendor has gone through the RFP (bid) process, does this still need to be done?
Yes. This is a new requirement not included in previous RFPs and documentation of compliance is required for every individual service.
14. Do vendors providing services off-campus still need to do this if it's not a UCSB-owned property?
If it’s another public works site, such as County beaches, or if it’s a UC leased property, such as some of the Natural Reserve System sites, or OASIS, or other leased offices.
15. How about basic rentals like tables, chairs, and plates that might also provide lights?
Yes. If the vendor is providing lighting or setting up a large number of chairs, err on the side of caution and get the certificate.
16. Does this apply to food vendors coming to sell or give away samples at events?
Likely no, as they are usually just using a pop-up tent or food truck and not setting up a stage, sound, or lighting.
17. Can the certification form be completed before the requisition comes to EH&S?
Yes, getting it done before is better because you can be proactive and attach it to the requisition immediately.
18. Does this apply to hiring a contractor for general upkeep or repair of spaces like theaters?
No. This law is limited to live events and does not apply to construction or general maintenance.
19. Would a vendor bringing instruments, microphones, and soundboards fall under this?
Yes. The law does not define a minimum amount of equipment, and those items qualify as AV equipment.
20. What about students running events on campus?
There is no difference; if the event is held on campus and otherwise qualifies, the requirement applies to student hosted events as well.
21. A department is directly hiring a DJ for an event who will either bring in some sound equipment and their DJ table to operate during the event or will be "plugging into" UCSB owned equipment. In either case do we need the certification form?
Does the DJ have any employees or subcontractors? If not, then UCOP Legal does not believe the statute applies because it specifically requires employer status. However, if the DJ operates through a business entity and employs sound technicians, assistants, or other workers to help set up equipment, operate the sound system, or tear down after the event, the DJ or DJ’s company would satisfy the employer requirement and be covered, thus requiring the certification.
22. I have not found any "exemptions" for artists or "one-man bands". What would be the best legal standpoint to take here?
Similarly, UCOP Legal does not view a sole artist or one-man band to fall within the definition of an entertainment events vendor unless they employ other employees or subcontractors to assist with set up, etc.
23. If a catering type vendor is setting up mostly tables and chairs, but adds some lighting are they subject to this requirement?
Yes, this would be covered because adding lighting is part of event set-up.
24. The question of how big or how small does an "event" need to be in order to initiate the certification requirement? There is a substantial difference between a guest speaker or lecturer requiring some extra sound equipment, or a relatively small catered event with microphone and PA system, and then our Associated Students group setting up a full annual music concert known as "Extravaganza" with a smaller scale Coachella type operation.
The statute contains no size thresholds or distinctions based on the nature or scale of the live event. Section 9250 does not even define "live event." This means the statute would technically apply equally to a guest speaker requiring minimal sound equipment and a major concert, as long as both occur at a qualifying public events venue and involve an entertainment events vendor (a private employer contracting to set up, operate, or tear down the event). I would hope that UC could just use its own staff to add sound for the guest speaker/lecturer or the small catered event because UC’s own employees are not covered by section 9251. But if we contract for those sound services at the smallest of events, then that would understandably create practical issues because the safety training and certification requirements seem so disproportionate.