A petition was filed on December 17,2009 by AIDS Healthcare Foundation, that is why this meeting came about. Here is a copy of the petition-
Sent by AIDS Healthcare Foundation Michael Weinstein President
Re: Petition for Revision of Bloodborne Pathogens Standards
Pursuant to Labor Code sections 144.7 and 142.2, AIDS Healthcare Foundation hereby petitions the Occupational Safety and Health Standards Board (the "Board") to amend California Code of Regulations, Title 8, Section 5193 "Bloodborne Pathogens" to clarify required protections for workers in the adult film industry.
Although workers in adult films should enjoy protections under the current phrasing of the regulation, as well as the Board’s determination that adult film workers are employees], the adult film industry has steadfastly refused to take any steps to protect its workers from diseases spread by blood borne pathogens, resulting in thousands of employees becoming infected with sexually transmitted diseases. Clarification and enhanced enforcement of the rules are called for.
The adult film industry accounts for thousands of workplace disease infections in California every year. During the production of adult films, workers, including but not limited to perfonners, are exposed to a number of bodily fluids and discharges that may contain sexually transmitted diseases, including semen, blood, urine and feces. These discharges meet the definition of other potentially infectious materials under California Code of Regulations, Title 8, Section 5193 "Bloodborne Pathogens".
Unlike other workers, such as health care workers for whom protective prophylaxis are required in the workplace, most workers in the adult film industry perform sexual acts without any protection from exposure to communicable diseases that may be contained in bodily fluids and discharges. LADPH officials estimate that
(i) Adult Film Production:
(1) Each employer engaged in the production of adult films is required to maintain engineering and work practice controls sufficient to protect employees from exposure to blood and/or any potentially infectious materials. Engineering and work practice controls include, but are not limited to:
(A) Simulation of sex acts using acting, production and post-production techniques;
(B) Ejaculation outside workers’ bodies;
(C) Provision of and required use of condoms whenever acts of vaginal or anal sex are filmed;
(D) The provision of condom-safe water-based or silicone-based lubricants to facilitate the use of condoms; and,
(E) Plastic and other disposable materials to clean up sets.
(2) Employers engaged in the production of adult films are required to maintain an exposure control plan in compliance with section (c), but are not required to maintain a sharps injury log under section (g)(3) and are condoms and other protection are used in less than 20% of hardcore heterosexual pornography.
LADPH has documented an epidemic of sexually transmitted diseases among
workers in the adult film industry.2 It attributes the epidemic to a variety of high-risk acts which workers are required to engage in, including "pervasive use of ejaculation into the mouth", "growing use of internal ejaculation with vaginal and anal sex", "pervasive use of unprotected anal sex", "multiple partners over short time periods", and "double vaginal and double-anal sex." Most importantly, LADPH attributes the epidemic of sexually transmitted diseases in the adult film industry to a lack ofprotective equipment for perfOlmers, including condoms.
According to LADPH, workers in the adult film industry are ten times more likely
to be infected with a sexually transmitted disease than members of the population at large. LADPH documented 2,013 individual cases of chlamydia and 965 cases of gonorrhea among workers between the years 2003 and 2007. LADPH has observed that many workers suffer multiple infections, with some performers having four or more separate infections over the course of a year.
Because the risk to workers in the adult film industry is severe and ongoing, AIDS Healthcare Foundation asks that the Board amend its current regulation governing workplace exposure to bloodbome pathogens as follows:
• Current section (i) Appendix is renumbered as section G) Appendix.
• Current section (b) is amended to include the following definitions:
"Adult Film" means the production of any film, video, multimedia or other recorded representation of sexual intercourse in which performers actually engage in oral, vaginal, or anal penetration, including but not limited to penetration by a penis, finger, or inanimate object; oral contact with the anus or genitals of another performer; and/or any other activity that may result in the transmission of blood and/or any potentially infectious materials.
"Sexually Transmitted Disease" means any infection commonly spread by
sexual conduct;including but not limited to HIV IAIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital human papillomavirus infection, and genital herpes.
• A new section (i) provides as follows: further exempt from the requirements of section (c)( 4) and
(5).
(3) Employers engaged in the production of adult films are required to comply with section (f), regarding the pre exposure provision of hepatitis B vaccine to employees. Any employer engaged in the production of adult films shall make available the hepatitis B vaccine and vaccination for any employee engaged in the production of adult films, at the employer’s expense.
(4) Employers engaged in the production of adult films are required to comply with section (g)(2) regarding information and training to be provided to employees at the employer’s expense. The training requirements of this subsection may be satisfied by proof that the employee has
Petition for Revision of Bloodbome Pathogens Standards received appropriate training at another workplace or from an appropriate third party in the prior twelve months. Employers engaged in the production of adult films are not required to ensure that employees have received the training specified in section (g)(2)( 13) regarding signs and labels.
(5) Where any worker engaged in the production of adult films is exposed to any blood or potentially infectious materials, the employer shall provide the employee with access to post-exposure prophylactic treatment for HIV, comprehensive testing for other sexually transmitted
diseases, and appropriate treatment for any subsequently diagnosed sexually transmitted diseases.
On behalf of AIDS Healthcare Foundation and the thousands of workers who are
needlessly exposed to sexually transmitted disease during the production of adult films in
California, we look forward to your timely and favorable response to this petition.
What about oral contraceptives for kissing?
Stats say about 80 percent of American adults have oral herpes (cold sores).
If 80% have cold sores why are people still kissing in this industry? It must be outlawed!
What about oral sex? Why are companies that shoot with condoms not engaging with protection during oral sex? Let’s have some consistency here!
Just outlaw sex all together! It’s the only way to be safe.
I was wondering when George Orwell was gonna catch up to the porn industry.
I’m glad you expose this and bring it to light so people in the mainstream and industry can see all this. These people are on a witch hunt and trying to ruin the viewer’s experience along with our industry. And, using condoms in movies won’t get the public at-large to use condoms. As for the STDs, performers get tested and are more up on their health conditions that the rest of the population. I will get down off my soapbox now…
Man!! They ‘re on a roll!! Florida next and then who else? Like I said colonel and Jeremy, This is going to be my last year and its time to move on. Go back to recording studio work and back to Banging trains around for a living instead of “banging Girls”. I will defiantly miss alot of people I have met and grown really good “friendships” with, but they are trying to kill this industry and rates are getting cut and cheap and soon…….Nothing!. but a whole lot of more unemployed people in “porn valley” with Homelessness , drug addictions, and more VIOLENT situations brewing from the downturn of this fun and wild industry. ok got to get to a shoot at 3. stay up and let’s all rally against this AHF plague.
Well, if this is passed, pretty much all of the “hardcore porn industry” will be setting up shop in South America. Se habla espanol?
Monica, more like ‘Você fala português?’ as Brazil seems like the place to go….
I mean, this is not the end. This is just a third party petition and the statutory scope of Cal-Osha to onerously restrict the sexual practices of consenting people is still questionable.
I mean, performers need greater protections from STDs and evrything except the “engineering control” (aka condom-only) mandate seems like something producers THROUGH AIM could work with.
I can only speaka a little espanola…becauza wasa bourne her’s!! . No I think upgrading the test to all full panel test, everything and testing every 2 weeks will do better! But is everybody going to do that?? Natha! We got girls today working with Herpes out-breaks right now , very visual with the HD camera today. LOL , u think that is giving them enough evidence that disease’s exist on film? I’m telling some companies are just shooting them selves right in the head. Here , in California and Florida too.
South America doesn’t have the PCRDNA test as far as i know, they still use ELIZA, so I doubt the industry goes to South America. England is a logical choice, maybe Canada, maybe Prague or Budapest. Somewhere in Europe I would bet.
I have no doubt whatsoever if condoms are required at all times in a porn scene it will kill the industry here in america. Productions will just go places that don’t require condoms or the companies will starve to death.
Don’t be so quick to write off the US. Maybe with some law and order, production would slow to actually meet demand. There’s just waaay too much content out there as it is.
Christian, England is the WORST place to produce pornography in Europe. Talent is quite limited and the laws are pretty strict. Spain, Portugal, France, Italy, Germany, Hungary, & the Czech Republic are good places…Spain and Portugal are probably the most business friendly places.
The Netherlands are overrated IMO–talent there looks pretty weathered.
Its unlikely everyone would pack up and go to one set location. ( this isn’t a gypsy camp)
Some producers may choose to go to one of the several locations mentioned above.
But everyone jumping in the life rafts and abandoning ship??? Very unlikely
Were just talking about a condom.
True, Roman. And the OSHA hearing hasn’t even begun yet…
If this ever passed I’d be interested to see what kind of legilation was attached to it….we can’t assume these people aren’t 2 steps ahead already.. They would anticipate the move abroad to shoot condomless material…I doubt the point is to make it inconvienient for producers… So what will be attached to the legislation to limit the distribution of the condomless material? ( If it ever got that far)
I’m not sure.. And this is a question for everyone… But could they be possibly creating another way to prosecute porn producers outside of obsenity?
Actually… Not just producers or distributors… but a way to get at performers?
Like I been yelling for years full panel testing… I have it from solid sourcing that in fact full panel testing could be done @ a cost barely 20-30 dollars more then we pay for testing right now.. So, if that is true then whats the fuckin problem…
If the industry did leave the country .. yes Many performers would follow if they had the financial means to do so.. it’s no differnt then someone moving for a job.. this is some people only lively hood so if it moves then they have to move with it.. or come up with a new profession and quick..
Thiers to much heat around this issue now and for too long.. Condoms are coming and if correct it’s already on the books as they are suppose to be used but like many things in california the state just fails to enforce it.. handing out parking tickets is much more lucretive.. quantity over quality folks .. thats the fining and money collection game in cali
Chill out guys, this June 29th meeting is not going to change anything. As long as people are willing to pay to watch strangers fuck on film, porn movies will be made and distributed, and no government and/or state agency can stop that. In any event, I’d love to see them try, burn some of their borrowed money and fail miserably; that will teach them a lesson.
Jeremy and Justin, I don’t know if you guys will go to the meeting, but I won’t. It’s a waste of time and energy.
Colonel — yeah I will be in LA and am going to try to make part of it.. I have prior obligations but i think i will endd up making part.. gonna try to meet up with pornlaw thier
Justin,
I really encourage you to come to the meeting to have your voice heard. I love your idea about testing. Please come up and introduce yourself as well. We’d love to meet you.
I’m not sure, Colonel. I was mainly coming to meet “Joe Know”, but apparently he’s not showing up. His (S’s) behavior speaks volumes about people’s supposedly altruistic intentions in all of this. You combine his nuttiness, Shelley’s religious crusade, blaming all of her drug use and personal problems on porn, and then policians who are far dirtier than the dirtiest of whores or pornographers, and it’s enough to make a girl with gag reflex gag. I haven’t decided. I think much of it will be about as exciting as watching a constipated man take a shit, as they mindlessly read off one OSHA regulation and porner statistical claim after another. I assume the Defenders of the find art and industry of Pornography are well prepared for this shit.
This all comes down to one thing, Colonel; Dominion!
http://www.youtube.com/watch?v=CuZElJVfWcY&feature=related
In the land of the blind –
Be king
That’s their wishful, ignorant thinking, Jeremy; and they’ll take their dreams of domination to their graves. We’ll talk about this again, and I’ve got a feeling I’ll say I told you so.
Speaking of The Sisters, I love the video you posted as much as I love this one:
http://www.youtube.com/watch?v=dMFgYVA0-e4
And check out In Extremo’s version, too:
http://www.youtube.com/watch?v=bNUrJBvKf_I
Many bands have covered Sister’s songs, but perhaps none as good as In Extremo.
I’ve got a cool remix Corrosion version I like even better than the original on my myspace playlist.
Here it is: http://www.youtube.com/watch?v=mvJXltHVFXg
I’m giving away a lot of stuff, including a SOM Adrenochrome poster, in case you’re interested, Colonel.
How about a formal quarantine for the folks that perform outside the country and then come back, I’ve never seen anything about that from any group. But we cant trust the industry to police itself, any business where we have folks like Dr Mitch, Margold and so on in postitions of “advocacy” is screwed. Performers are just gonna have to be more careful, cause no one is looking out for you, not even the State of California. Could OSHA/LA County Health show up on a set and randomly test folks for STDs? Or drug test them for workplace safety?
Mandetory drug testing of porn stars? Now that’ll REALLY put the industry out of business. No weed without a perscription, either. Actually, that’s not too hard in Cali. Of course, if the industry moves out of California, then what?
Thank you for the link, Jeremy. I know you’re moving to a new place, but in my opinion you don’t have to give away and/or sell your stuff. First, you won’t be making any considerable money off of it. Second, you may regret that in the future. I suggest you wrap your stuff including your LPs, CDs, DVDs, books, posters, etc. in boxes and store them either in your new place, or you can rent a unit at for example publicstorage.com and put them there. I’m a collector myself, and I buy bags, boxes, etc. for my storage needs at this place:
http://www.bagsunlimited.com/
Their products and services are very convenient. My garage is filled with boxes and shelves which I usually order from bagsunlimited.com.
Well, I’ve got 1,500+ LPs and I’m taking them all with me. As always I don’t give a fuck about what current public opinion is. I love my LPs and analog rules over digital. As far as posters, I just don’t want to have too much shit, you know? I already told some old buddies they can have it, including a huge Bud Light 3 piece poster which covers half of my bedroom ceiling, of a famous south american chick in a bathing suit. I also have 100s of cassettes, more than half of them are of myself playing guitar and singing, 100s of CDs, 3 guitars and amp and 100s of DVDs. I’ve got probably 100 journals of writings, so much shit it’s mind boggling, not to mention many 100s of books. I’m leaving behind a couple of Ikea couches I got 5 years ago, other furniture and pictures. Not gonna bother trying to sell it. Maybe I’ll put an add out on craigslist but I plan to leave it behind.
You know Jeremy, if you’re giving away and/or selling stuff like the furniture, then it’s fine; but man, don’t even think about selling things like LPs, CDs, DVDs and books. They’re collectible items, each with their unique history and memory, essentially irreplaceable material, priceless.
I also have hundreds of LPs, and there’s no doubt about their analog quality and power. However, I have a Bose Sound System which kicks major ass. So I believe I love CDs as much as LPs. Speaking of CDs, I just bought Danzig’s new album Death Red Sabaoth, and I have to say it’s his best work in years: Heavy as hell with riffs that get stock in your head and won’t let go. Grade A all the way. Check it out.
Drug testing would be interesting, I would pass on grass as I think half the girls and most of the boys smoke it up. Meth, Crack, Heroin, actually on the drug testing it would be interesting to see if Zovirax, Valtrex, Antivirals would show up. Steele, you moving in with Lucky? If you are, behave yourself, she’s a nice girl. She’ll never accuse you of killing her cat, she’ll just cut your nuts off without saying a word. Wonder if amyl nitrate would show up, it would be interesting to see on male performers tox screens…same with carvioject. If its known a male performer is using that then slap a helmet on that soldier.
I wasn’t planning on selling any of my LPS,CDs or books, actually. Right now I’m pretty much packing everything. I might eventually get rid of some DVDs that don’t turn me on.
I found my own place, Larry, though I could’ve moved into Max’s where Lucky’s at, but I couldn’t bring my cat, so that’s a no go.
jeremy, you moving into max hardcore’s place? ha, ha.
I would’ve but no cats allowed.
Jeremy do you still have the black persion you had in your kitty porn?
Yeah, that cat’s still part of the family.
I’ll let you know when the kitty porn world tour begins j/k
I ask because I have an orange persian and he has the most unique personality of any cat I have ever seen. My crazy wife told me he is blue blood so I researched it and damned if he isn’t. LOL still love him though.
I also have an orange tabby pussy. She’s scared of the black persian pussy, thinks it’s a terrorist.