Monday, September 20, 2004

Porn Studios Cited By CalOSHA

When I was writing the petition to OSHA for the bloodborne pathogens standard in 1985, my intention was to protect health care workers from exposure to blood from needlesticks, blood spills, etc. I had no suspicion that this is how the standard would eventually be applied (although it might have made for more interesting OSHA hearings):

Two porn companies fined for allowing unprotected sex


The California Division of Occupational Safety and Health has taken unprecedented action against the pornography industry, fining two straight adult film companies more than $30,000 apiece for allegedly allowing actors to perform unprotected sex. Evasive Angles and TTB Productions, which share the same San Fernando Valley address, were cited for violating the state's blood-borne pathogen standard, which requires employers to protect workers exposed to blood or bodily fluids on the job; failing to notify authorities about actors who contract HIV on the job; failing to have a written injury-prevention program; and failing to report a workplace accident within eight hours, agency officials said. The investigation of the companies began months ago after an industry worker filed a complaint.

The increased scrutiny of safer sex practices on the sets of porn films was prompted by the discovery of five HIV-positive adult film performers earlier this year, three of whom are believed to have been infected during filming by a male performer who acquired the virus while working in Brazil. All of the infections occurred among performers in straight adult films. Sources tell Advocate.com that because the vast majority of gay porn companies already require condom use for anal sex scenes that the HIV outbreak did not affect gay adult film productions or performers.

Of course, the industry is not taking this lying down:
Porn film producers have resisted compulsory condom rules saying they take the sizzle out of sex scenes and consumers do not want to watch safe sex.

But Cal/OSHA said porn actors had the same legal right to a safe workplace as employees in more conventional businesses. Officials said action against other adult film companies could follow.

Business in what is dubbed "Porn Valley," in the San Fernando Valley area of Los Angeles, has flourished over the past decade fueled by the Internet and home computers.

Mitchell said that while supporting testing and voluntary programs to protect sex workers, she was concerned that heavy-handed regulation would push the industry underground.

Porn actor Tony Tedeschi, who has worked in the industry for 15 years, commended OSHA's intervention although he said he did not insist on using condoms. "If I did, I wouldn't be able to work," Tedeschi told the Los Angeles Times.
CalOSHA has also published a factsheet on Hazards in the Adult Film Industry.

More here.