Today was the Cal/OSHA meeting addressing the issue of condom regulation on adult production sets, as well as other workplace health and safety issues for the adult industry. I don’t trust much of the adult media when it comes to reporting accurate news because much of it is slanted in favor of the industry. I also don’t trust the mainstream media outlets because that can also be slanted against the industry. So I got many of the updates from attorney Michael Fattorosi’s Twitter as he was there tweeting from the meeting. Those updates are all after the jump.
They announced that condoms are mandatory by law. But they’ve been mandatory since 1993. So nothing has changed. It’s just never been enforced. But you will see more studios being fined. This will drive the porn industry out of California and more so out of the country. The loophole is these regulations will not be issued for content trade, webcams, and personal websites.
I just finished listening to Michael Fattorosi’s interview on platinumpuzzyradio.com and the highlights were:
no facials & creampies
studios & employers to pay for all STD testing
occupational doctor will clear you for work
privacy rights will change
employers will tell you where to go for testing
loophole is these regulations will not be issued for content trade, webcams, and personal websites
Many of his Twitter updates are after the jump.
Cal OSHA meeting… Board is asking for comments on different definitions in the new regs… Limiting comments…Bad reception though…
Board is not entertaining employee or independent contractor discussions at this meeting… Limiting it to just the regs…
Board is annoyed that performers are discussing how this will impact their livelihood and ability to work. Not up for discussion today…
The arguments keep going back to EE vs. IC… The Board has stated the law WILL NOT apply to independent contractors. There’s the loophole.
Back to the definitions… There’s no intention by the Board to include kissing or saliva in the regs…It won’t effect mainstream movies.
Still defining Exposure Incidents…
FSC is concerned with EE status and definition of producer within the regs as being too broad and badly defined.
Discussions continue as to the definition of producer… Several performers are requesting clarification. The Board agrees to look at it.
AHF wants secondary producers (ex. – hotel & VOD sites) to also be considered producers under the regs…
AHF is concerned that a large production comp. will shield themselves from liability by hiring a sub-contracting production company.
Regs will not effect definition of employer as previously defined by Labor Code and case law. Even multi producer situations.
Rebroadcasting does not make someone a producer…
Breaking for lunch…
In my opinion…While the regs aren’t finalized…They may give a huge advantage to performers in the creation of content but only in trade.
Back at the meeting … About to resume the discussions…
Next discussion point… Dealing with medical waste — used condoms, razors, wipes, towels ect…
CalOSHA is stating all laundry, condoms, razors ect must have a special medical waste pick up… Like at a doctors office…
However CalOSHA is trying to not make medical waste pick up mandatory but federal OSHA must approve that variance first.
Next up … Oral sex and condoms… HIV transmission via oral is considerable less than anal or vag…
CalOSHA might be okay with no condoms for oral as long as performers are vaccinated for Hep B & have a clean STD test 2 weeks of the scene.
CalOSHA might be okay with oral without a condom if both performers have been vaccinated for Hep B & have a clean STD test with 2 weeks…
AHF agree that BJs without condoms are okay… Shelley Lubben & Pink Cross are against it.
As for everyone’s questions… I will answer them once the meeting is over. Keep’em coming but I’m trying to catch everything here…
Testing frequency should now be cut in half. Every 14 days instead of 30 days for condomless BJs…
CalOSHA has based its decision to increase testing based on the medical sub committee findings. Several doctors said more testing is a +…
Testing costs should be the responsibility of the Employer NOT the talent… But who should pay when talent works for several studios ?
According to CalOSHA the studios should work to provide free testing to talent by co-oping their buying power with labs & doctors.
@sophiedee According to the law in California… It’s the employers cost.
Now Amy Martin of CalOSHA stated she doesn’t care whether the HIV risk is from within or from outside the industry…it’s still a risk.
Studios reps are very concerned with how they are going to pay for the talent testing under the new regs…
It appears that cunnilingus will also be okay without a barrier if both performers have a test within 2 weeks and a Hep B vaccination.
CalOSHA is standing firm on the fact that the studios will have to pay for testing… But they can chose the med facility.
Now the discussion has turned to female squirting … :-)
Oral without condoms seems to be okay with CalOSHA but facials still seem to be a problem as well a women squirting on a guys face…
Religious exceptions to vaccinations for oral without barriers will probably not be allowed. But CalOSHA will consider it further.
FSC is now talking about the quasi “union” they are starting… They stated its not a union just a consortium of talent and producers.
The FSC would have to work with the county and get workers comp and be somewhat transparent… AHF wants FSC to produce quarterly reports.
FSC will have a medical consultant to comply with the law. They will meet with the other referred doctors and labs to make sure…
all clinics and doctors are in compliance with the law. But it will not be the FSC in charge of the medical aspect.
Discussion has started about testing being mandatory for oral. The Board has said no it’s an except. Performers do not have to test for BJs.
CalOSHA isn’t saying testing is mandatory. Testing is only mandatory if there is no barrier for oral sex.
It’s getting heated again.One person is asking which is better condoms or testing…who would want to work with an HIV+ performer w/ condom?
Test results will only state whether a performer is cleared or not cleared to do oral without a condom. No more exact results.
Paul Cambria is making an argument against the record keeping provision of the new regs under a First Amendment challenge. These regs…
require record keeping much like 2257 also requires record keeping by the producers.
CalOSHA has indicated that the Standards Board sub-committee meeting will be scheduled shortly.
Now it’s on to the final topic… The Moneyshot !!! Where to put the cum is up next ??
CalOSHA might be okay with ejaculate on intact skin. But no bodily fluids near orifices and non intact skin.
Wait the moneyshot wasn’t last… It’s the issue of what do with with clothes that were used on set and might be contaminated…
The clothing discussion will be left open til next meeting. FSC’s lawyer to research issue further to find an exception to the current law.
CalOSHA..Training…The employer must be responsible to ensure all performers are adequately trained in safety issues. FSC is working on it.
The training has to be interactive. Meaning it has be done in person and allow the performers to ask questions. Online course probably no go
Enforcement can happen through sweeps by CalOSHA were they will hit employers all at once. Tips can be made anonymously by performers.
Meeting coming to a close…Everyone looks tired and depressed. Lots of emotion spent. Many emotional pleas not to impose mandatory condoms.
The Board was informed that if condoms do become mandatory… The industry will simply go underground and make things more dangerous.
CalOSHA – Complaints by talent require a mandatory investigation by CalOSHA. If it’s Pink Cross AHF or a competitor then no mandatory invest.
Studios can request a variance from CalOSHA so they don’t have to use them… No studio has at this point. It would require med. evidence…
Testing is just as good as barriers in stopping STDs.
Or the industry can ask the state legislature to draft & pass a law that would change the current law that do away with mandatory condoms.
It will take another 6-9 mths to finalize these new regs perhaps longer. Until then condoms ARE NOW mandatory and must be used for all sex.
CalOSHA Meeting is over… Read my timeline for an entire play by play of today. Thanks for following. I will get to your questions later.
My tweets were not my opinions. I tried to paraphrase as accurately as possible the different discussions occurring… My opinions follow…
Condoms are mandatory now for all sex acts where there is an employer-employee relationship. Failure to use them can result in fines.
For purposes of CalOHSA all performers that are paid money to perform are employees.
The new regs may carve out exceptions to barrier protections for oral sex w/ Hep B vaccinations and clean STD tests within 2 wks of scene.
CalOSHA in California feels the regs here will be or may already be a national standard for every state. This has to be further discussed.
It is CalOSHAs position that testing costs will be paid for by the hiring studios under the new regs.
The summarizes some of it. I have to make some calls but I will be answering everyone’s questions when I get back home tonight. Thanks.
@1voiceofreason CalOHSA is taking the position that performers are employees and subject to their jurisdiction and regulations…
@misskellyshore Condoms are mandatory now and have been since 1993 according to CalOSHA.
@iafdcom @ElaDarling These regs will definitely impact the way porn is produced but remember according to CalOSHA condoms are now mandatory.
@AlphaMale03 Condoms according to CalOSHA have been the law since 1993.
@richardmannxxx Cali law requires employers to bare the costs of medical test for employment purposes.
@tfs202 Absolutely no cream pies unless its fake cum.
@MrDanSD According to CalOSHA condoms for all sex scenes has been the law since 1993.
@AddieJuniper Under the new regs testing is mandatory for oral without barrier protection.
@MrDanSD These regs go to the Federal OSHA for approval before they can be implement. Its a national review and standard they must follow.
@3ftswell Good for talent bad for studios.
@lifeofeva Some survive, others close, some move. Talent that have websites that trade content will flourish.
@Scrumptiousxxx Condoms have been mandatory since 1993. This isnt new.