CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION
ASSEMBLY BILL No. 332
Introduced by Assembly Member Hall
February 13, 2013
An act to add Section 6720 to the Labor Code, relating to employment.
LEGISLATIVE COUNSEL’S DIGEST
AB 332, as introduced, Hall. Occupational safety and health: adult films.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
This bill would require an employer engaged in the production of an adult film to adopt prescribed practices and procedures to protect employees from exposure to, and infection by, sexually transmitted diseases, including engineering and work practice controls, an exposure control plan, hepatitis B vaccinations, medical monitoring, and information and training on health and safety. The bill would define terms for those purposes. The bill would require the Occupational Safety and Health Standards Board to adopt emergency regulations to implement these provisions by July 1, 2014. Because a violation of the act would be a crime under certain circumstances, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6720 is added to the Labor Code, to read:
6720. (a) The Legislature finds and declares that the protection of workers in the adult film industry is the responsibility of multiple layers of government, with the department being responsible for worker safety and the county being responsible for protecting the public health. Therefore, this section shall not be construed to prohibit a city, county, or city and county from implementing a local ordinance regulating the adult film industry if the local ordinance is consistent with this section.
(b) For purposes of this section, the following definitions shall apply:
(1) “Adult film” means the production of any film, video, multimedia, or other recorded representation of sexual intercourse for the sexual stimulation of the viewer that may involve exposure to bloodborne pathogens or other potentially infectious materials.
(2) “Employee” means a person who is an employee, independent contractor, or unpaid individual, regardless of whether the person is shown in the adult film, who performs a penetrative sexual act or an act for the sexual stimulation of the viewer that involves exposure to bloodborne pathogens or other potentially infectious materials.
(3) “Employer” means a company, partnership, corporation, or individual engaged in the production of an adult film. There shall be a rebuttable presumption that the name on the material for commercial distribution is the employer unless there is evidence to the contrary as demonstrated through contractual or employment records.
(4) “Sexually transmitted disease” or “STD” means any infection commonly spread by sexual conduct, including, but not limited to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital human papillomavirus infection, and genital herpes.
(c) An employer shall maintain engineering and work practice controls sufficient to protect employees from exposure to blood and any potentially infectious materials. Engineering and work practice controls shall include, but are not limited to, the following:
(1) Simulation of sex acts using acting, production, and postproduction techniques.
(2) Provision of and required use of condoms and other protective barriers whenever acts of vaginal or anal intercourse are filmed.
(3) The provision of condom-safe water-based or silicone-based lubricants to facilitate the use of condoms.
(4) Plastic and other disposable materials to clean up sets.
(5) Sharps containers for disposal of any blades, wires, or broken glass.
(d) An employer shall maintain an exposure control plan in accordance with Section 5193 of Title 8 of the California Code of Regulations. An employer shall not be required to comply with any provision related to establishing and maintaining a sharps injury log.
(e) An employer shall make available the hepatitis B vaccination for any employee engaged in the production of adult films, at the employer’s expense.
(f) An employer shall designate a custodian of records for purposes of this section. A copy of the original production shall be retained by the custodian of records.
(g) An employer shall pay the costs of required medical monitoring such as STD testing and keep confidential employee records.
(h) (1) An employer shall adopt, implement, maintain, and update, as required, a written health and safety program approved by the department and that meets the requirements of the Injury and Illness Prevention Program and the bloodborne pathogens standard, described, respectively, in Sections 3203 and 5193 of Title 8 of the California Code of Regulations.
(2) An employer shall provide department-approved information and training on health and safety to employees at the employer’s expense. The training program shall be provided in accordance with Section 5193 of Title 8 of the California Code of Regulations. The training requirements of this subdivision may be satisfied by proof that the employee has received appropriate training at another workplace or from an appropriate third party approved by the department in the prior 12 months.
(i) By July 1, 2014, the Occupational Safety and Health Standards Board shall adopt emergency regulations to implement this section in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(j) This section shall not be construed to require condoms, barriers, or other personal protective equipment to be visible in the final product of an adult film.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
AHF (and its allies) are working really hard to do everything they can to kill the porn industry in this country (and most notable in CA).
What’s going on these days in pornland, are most or all scenes with rubbers now?
Nothing has changed, Jeremy, except for the few producers like Porno Dan who are sitting ducks in their studio facilities.
Why has nothing changed? Prop B being ignored or challenged/ignored in the meantime?
Enforcement has not begun. The only people impacted so far are those, like Dan, who cannot re-up their periodic studio permits unless they file for a temporary/provisional health dept permit first. The final county health permit, like the enforcement regulations, has not been yet been created, and there is no inspection/enforcement regime yet in place. Furthermore, LA County government has zero appetite for this monstrosity, and may not even defend it in Federal court. That’s one of the reasons AHF recently filed to intervene in the Vivid v County of LA lawsuit, and also one reason why AHF is pushing to create (or, actually, bring back) a City of LA public health dept that it can control.
I don’t expect the County to spend any serious sum of money until the first round of pleadings in the Vivid lawsuit.
There still needs to be lawsuits regarding HIV tests, which no one can hang their hat on… every single manufacturer’s disclaimers say their tests don’t really test for HIV,but are merely believed to be indicative of a retrovirus aka “virus”, including supplemental aka “confirmatory” tests… all with so many known false positives that it’s beyond ridiculous. I know you don’t disagree with me regarding the veracity of the tests themselves, Michael, as you are an intelligent man, not afraid to do the homework. Meanwhile, AHF is pushing “faster and cheaper aka free = better/ one minute tests” on all those “contaminated”, ethnically mixed urban areas all over L.A.
Well, the “30 year experiment in the social construction of reality” is a whole other issue.
Social construction of reality, in other words, acceptance and belief in something as common knowledge, not based on any actual thorough investigation, and cross examination of data and/or open forum of those who proffer dissenting opinions and alternative information, but on repetitive declarations put out by the manipulative and wealthy powers that be who control all the players in the game… corrupt asshole makes declaration, corrupt gov’t doles out huge monies based on one sole perspective… mega money monsters created which feed off the problem who will never admit they would never want to solve the problem and end their lucrative careers. Cancer is one example.. dark age, murderous therapies that keep the biz going. Meanwhile, it’s been admitted there’s a cure for cancer and if you go to the US government site named Pubmed dot gov and once there, enter the research # 6522424, which reads: The high pH therapy for cancer tests on mice and humans.
Brewer AK.
Abstract
Mass spectrographic and isotope studies have shown that potassium, rubidium, and especially cesium are most efficiently taken up by cancer cells. This uptake was enhanced by Vitamins A and C as well as salts of zinc and selenium. The quantity of cesium taken up was sufficient to raise the cell to the 8 pH range. Where cell mitosis ceases and the life of the cell is short. Tests on mice fed cesium and rubidium showed marked shrinkage in the tumor masses within 2 weeks. In addition, the mice showed none of the side effects of cancer. Tests have been carried out on over 30 humans. In each case the tumor masses disappeared. Also all pains and effects associated with cancer disappeared within 12 to 36 hr; the more chemotherapy and morphine the patient had taken, the longer the withdrawal period. Studies of the food intake in areas where the incidences of cancer are very low showed that it met the requirements for the high pH therapy.
…And now we’re back to Jeremy’s conspiracy theories and belligerent rantings. We all knew it was just a matter of time, I gave it two weeks and sure enough he delivered.
Even though I kinda missed making fun of him, taking him off his leash has never been efficient in the long run. I guess some dogs really are meant to be caged.
Hey Moron…. what conspiracy “theory” are you talking about? I just gave you the link to the NIH saying they have a cure for cancer but you have to let your brain be short circuited by PREJUDICE… Prejudice is bad, DUMMY! Bad things happen to others and yourself because of PREJUDICE! As Mr MC Squared himself said, condemnation without investigation is the height of ignorance, so STOP IT!!!
No. As usual, you went off on us with another one of your unmoderated rants about the government then presented us with copy-pasta unrelated to the topic that you (ironically) lifted from a government website. One of these days, you need to make up your mind as to whether you kiss the governments ass or wear a tinfoil hat. In either case, the meds your psychiatrist gave you (Gonna go out on a limb and say for Bi-Polar Disorder) were prescribed for a reason and you should probably get back on them before you end up 5150’d from here again, Mr Fein.
It’s called hidden in plain sight that it’s off the gov’t website, just like laughing state troopers on t.v. or drills at a certain elementary school the same day advertised off dhs and ct sites… but like a tree in the forest if no one hears of it or shares it, as is the case of the holy t.v., aka mainstream media, then did it make a sound? And you got my real last name wrong, dipshit, as if you’re disrespecting me by parading my real name. Last I checked it wasn’t an epithet.
Because I have my own opinions backed up by researched data, I’m bi-polar, you say. Why don’t you have sex with a polar bear and be bipolar, heinie-wipe. NL- Jeremy QUIT THIS ALREADY. Every discussion is not about your conspiracies.
Michael, is the hearing date for AB 332 still set for tomorrow? Is anyone representing the Industry going to be there?
The industry has lobbyists in Sacramento, and has already announced plans to use industry members, including performers, to educate members of the California Assembly. The likelihood of the hearing being postponed was mentioned publicly by FSC, and I’m not comfortable saying more until there’s another public statement.
And boom — the first producer to be affected by Measure B is the first one that filed for a permit, Porno Dan. AHF news conference tomorrow to talk about its filing of a third party complaint with the Department of Public Health.
In other news, AHF’s attempt to intervene in the Vivid v LA County Measure B lawsuit will be weighed at a hearing on April 15.
Talk about condom nazis — AHF’s letter of complaint regarding Porno Dan/Immoral Productions (written by silly Wolverine lookalike Mark Roy McGrath) states that sex without a condom is “known to traumatize vaginal and rectal mucosa and significantly increase the risk of acquiring infectious diseases.”
In other words, natural sex — the kind that human beings have had since the dawn of man; the kind that we evolved to have — is icky and bad, unless we wear condoms. AHF’s McGrath, formerly of UCLA and LA County Dept of Public Health, doesn’t call it sex; he refers to “vaginal and anal penetrative acts.” Brave new world, folks.
The sad part is the idiots that run these city/town boards will be bamboozeled by the AHF as easy as taking candy from a baby.
‘Candies’ and ‘babies’ take many forms. ‘Candy’ mainly means money and the ‘babies’ are aka ‘puppets’… and babies can be well trained.
Oh come on, Michael. The problem isn’t “natural” sex, it’s the high level of STD infection that occurs among performers. It’s a workplace hazard. When you are in the business of sex you should be protected as much as possible. The adult industry must be safer after the syphilis fiasco of last summer.
Origen — First of all, the adult industry already IS safer than it was during the syphilis outbreak of last year (which, it should be noted, affected very few performers and caused no permanent physical harm.
You write that people in sex work. “should be protected as much as possible” and I agree that they should, right up until this dictate interferes with constitutionally-protected rights and liberties, or destroys the job itself.
Should stunt performers be required to wear helmets at all times even though it would ruin the shot? Should we ban full contact sports? You wanna talk about workplace hazards, are a LOT more serious permanent injuries, and even deaths, in the fields of stunts and professional sports than there are in adult movies. And those careers don’t even impact fundamental human rights such as decisions regarding sexual intimacy.
And the rate of STI infection among sexually active Los Angelinos within the same age range of adult performers is not much lower than that of adult performers.
And I repeat my assertion that the AHF crusade has nothing to do with “worker safety.” These are the people who plotted to destroy not only a health clinic, but the industry’s testing system itself, in order to replace it with condoms — condoms, which, according to a recent study, are only 70% effective at preventing HIV infection when properly and consistently used.
Condoms r also known to traumatize vaginas. No workplace is safe from sickness..no sexual sickness should b called a disease if its not one, n all cunt work is stunt work whether u have one or have sex w one… n. Who wants to see helmets on stuntmen?
Does anyone think that AHF will eventually try to ban condomless movies from other countries? They keep expanding the amount of area that condoms are mandatory.
If they can get away with it they will.
The only thing that makes the Industry marginally safer is the mandatory testing for syphilis. But the same problems are still present. There are still constant re-infections of gonorrhea and chlamydia. There still is a lack of testing for oral diseases. There is still no precaution taken against HPV (or even information warning performers) when new talent enter the Industry. No testing for Herpes.
The constant re-infection rate is one of the biggest complaints performers have. There should be a work limit per period and a price floor for performer compensation.
I will not be posting for a while–if I ever come back. (Who cares, right?) You need to develop a better sense of ethics, Michael, if you are ever going to fight off AHF. The old tired positions which ignore (or disguise) the dark underbelly of porn are no longer sustainable. I hope you (and the FSC) change. If not, AHF threatens to take real liberty away from Americans.
Thanks for the unsolicited advice. Later.
There is a great thing we have in America, it is called Freedom. Every whore or mope that doesn’t think they are safe working in porn is free to get a different job. I’m sure McDonalds and BackPage are much safer.
oregin gets mad and stops posting forever everywhere he goes every time his lil’ feelings get hurt. He’ll be back. He always is. Poor CS.
A UFO attacked a handicap man at walmart. Most likely trying to cover up a shooting at burger king by The Kennedys. ..Pretty much covers everything..see yall in April
Now that Ted is dead, my favorite Kennedy is the one that was too stupid to be appointed Senator from NY. Caroline? Ted was a drunken murderer and he kept getting re elected. That bim couldn’t pretend to have a brain long enough to be gifted a seat in Congress.
Ted should chappaquit while he was ahead n still with a working one.
The JFK daughter. Thought she’s roll into office on that shitty excuse for a name. Turned out she was legally simple minded.
The “uuuuh”s and “uuummmm”s in the one interview she did fully displayed she was mentally qualified to be a Kennedy and nothing else. “Do you want to Biggie size that?” seems beyond her capabilities. Whoever pushed her for that spot should be ashamed of themselves.