from – www.californiaemploymentlawreport.com – “It may come as a surprise to many employers that employees cannot waive, or enter into contracts contrary to many of California’s Labor Code requirements.

The rationale for this is pretty basic: if employees could waive the rights given to them under the Labor Code, every employer would simply require the employee to waive the rights on the first day of work, rendering the Labor Code meaningless.”

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Which means if Kink.com, Peter Acworth [pictured], Princess Donna or any other porn producer makes you sign a liability waiver, or puts you on tape waiving any part of the labor code, it is null and void.

Since Cal/OSHA is included in the California Labor Code let’s look at the rules pertaining to health and safety on a porn set:

1) Defines “employer” to mean a company, partnership, corporation
or individual engaged in the production of an adult film, as defined.

2) Defines “employee” to mean a person who is an employee or independent contractor that performs specified acts which involve exposure to bloodborne pathogens or other potentially infectious materials.

3) Requires an employer to maintain engineering and work practice controls sufficient to protect employees from exposure to blood and any potentially infectious materials, in accordance with existing regulations.

4) Specifies that engineering and work practice controls shall include, but are not limited to, the following:

a) Simulation of sex acts using acting, production, and postproduction techniques.

b) Provision of and required use of condoms and other protective barriers, as specified.

c) The provision of condom-safe water-based or silicone-based lubricants to facilitate the use of condoms.

d) Plastic and other disposable materials to clean up sets.

e) Sharps containers for disposal of contaminated sharps, including, but not limited to, any blades, wires or broken glass

5) Requires an employer to maintain an exposure control plan in accordance with specified existing regulations.

6) Requires an employer to make available the hepatitis B vaccination and all medical follow-up for any employee engaged in the production of adult films, at the employer’s expense.

7) Requires an employer to pay the costs of required medical monitoring such as STD testing and keep confidential employee records.

8) Requires an employer to adopt, implement, maintain and update a written health and safety program that meets the requirements of the Injury and Illness Prevention Program (IIPP) and the bloodborne pathogens standard of existing law.

9) Requires an employer to provide a training program in accordance with existing regulations, as specified.

10)Requires the Occupational Safety and Health Standards Board (OSHA Standards Board) by January 1, 2015, to adopt emergency regulations to implement these requirements.

11) Provides that these requirements shall not be construed to prohibit a city, county, or city and county from implementing a local ordinance regulating the adult film industry provided that nothing in the local ordinance contradicts any provisions of this bill.

12) Provides that nothing in this bill shall be construed to impede or replace HIV or other sexually-transmitted disease screening of all individuals pursuant to specified screening protocols.

13) Makes related legislative findings and declarations.