It’s the same thing with fire performance. Since it’s so fucking dangerous, you have to be licensed and insured for it in my city. I personally have an elevated producer license which allows me to supervise, but the flip side is that if something goes wrong, even if I’m not performing, my ass is on the line. I’ve heard of producers being questioned for being at a show as an audience member when something went wrong.
I personally believe that anyone directly involved with production should be charged. It doesn’t matter who pulled the trigger.