In response to a petition seeking to amend state health regulations to better protect workers in the adult film industry that was filed in December by AIDS Healthcare Foundation (AHF), California’s Department Occupational Safety and Health (Cal OSHA) is recommending that an advisory panel be convened to determine whether—and how—to amend state health statutes to better protect such film workers.

In its proposed decision (www.dir.ca.gov/oshsb/petition513.html) on AHF’s petition, Cal OSHA officials wrote:

“In light of the evaluations, it is apparent to the Board that serious consideration should be given to the possible amendment of Section 5193 in order to give greater protection to employees in the adult film industry.” (Emphasis added)

“This is a tremendous step in the right direction toward protecting the health and safety of adult film workers here in California, and I want to thank Cal OSHA officials for their thoughtful work on this,” said Michael Weinstein, President of AIDS Healthcare Foundation. “AHF filed this petition due to the inaction of the adult film industry producers to comply with current Cal/OSHA regulations and to take necessary steps to protect performers by providing and enforcing the use of condoms during filming. Although workers in adult films should enjoy protections under the current phrasing of the regulation, the adult film industry has steadfastly refused to take any steps to protect its workers from diseases spread by bloodborne pathogens, resulting in thousands of employees becoming infected with sexually transmitted diseases.”

AHF filed its petition at the final 2009 meeting of the California Occupational Safety and Health Standards Board (Cal/OSHA) in mid-December in Sacramento. The petition sought an amendment to California Code of Regulations, Title 8, Section 5193 “Bloodborne Pathogens” and asked Cal/OSHA to clarify protections for workers in the adult film industry and to explicitly include a condom requirement. As reported by the Associated Press at the time, (“AIDS group wants rule requiring condoms in porn” AP, 12/16/09) AHF said, “regulations to prevent the spread of bloodborne diseases in hospitals should extend to adult film sets. The current regulations aren’t clear enough.”

Cal OSHA’s proposed decision on AHF’s petition to amend the state health and safety code to protect adult film workers will also be on the agenda of the next OSHA Standards Board meeting that will be held Thursday March 18th in Costa Mesa. (Costa Mesa City Council Chambers, 77 Fair Drive, Costa Mesa, CA 92626 — 10:00 a.m.) www.dir.ca.gov/oshsb/agendaMarch2010.html (Item # IV “B”)

Cal OSHA’s proposed decision also noted:

“In view of the fact that the Petitioner does not represent all stakeholders and in view of the complexity of the issues, the possibly differing approaches to potential rulemaking and possible issues regarding federal equivalence, the Board concludes that an advisory committee would be of great benefit in determining the manner (if any) in which Section 5193 should be amended. Labor Code Section 147.1(c) provides, in effect, that the Division is to take the lead in developing and presenting proposed health standards to the Board, in which case, it is appropriate that the Division take the lead with respect to the advisory committee discussed herein.” (Emphasis added)

“In view of the foregoing, the Board grants the Petition that is the subject of Petition File No. 513 to the extent that the Division is requested to convene an advisory committee representing stakeholders in order to consider possible amendments of California Code of Regulations, Title 8, Section 5193 as it pertains to employees in the adult film industry. If determined necessary, regulatory language or amendments should be developed for the Board’s consideration at a future public hearing.”

AHF’s action was prompted by the ongoing epidemic of sexually transmitted diseases (STDs) in California’s adult film industry. According to the Los Angeles County Department of Public Health (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. In addition, LADPH has stated that as many as 25 industry-related cases of HIV have been reported since 2004.

Included in the presentation will be two PowerPoint slideshows created by Peter R. Kerndt, MD, MPH, Director, Sexually Transmitted Disease Program for LADPH detailing the rampant epidemic of STDs in Los Angeles’ adult film industry and the need for condoms to prevent disease transmission.

This past August, AHF filed sixteen worker-safety complaints with Cal/OSHA over the lack of condom use in adult films made in California. AHF supported its complaints with the submission of nearly 60 adult DVDs filmed in California and in which the performers do not wear condoms. The complaints asserted that the films demonstrated unsafe—potentially life-threatening—behavior in a California workplace, as the sexual acts filmed without participating performers using condoms depict the unprotected exchange of bodily fluids.