Stuart Grant posts: I have a few comments regarding the hearing yesterday. I don't know if you will find any of it fit to print but, that's your call.
Many performers in the industry are treated as employees even though they don't actually fit the state or federal criteria for such classification. Some industry employers are treating some performers as employees so that they can be covered by certain employee benefits. It appears that those employers are now exposed to Cal-OSHA regulations merely because they voluntarily elected to do what's best for their performers.
The director of Cal-OSHA made some very disturbing revelations at the hearing yesterday. She stated that Cal-OSHA has jurisdiction over worksites where there are performers classified as employees. She then explained that Cal-OSHA's Title 8 blood born pathogen exposure regulations would be enforced.
According to Cal-OSHA's Title 8 regulations, latex barriers must be used when there is a reasonably foreseeable chance of exposure to blood or other body fluids. If we look at just about any adult industry shoot, we'll find that condoms alone will not satisfy these Cal-OSHA regulations. Latex gloves must be worn and face shields would be required for many types of scenes, especially facials. The only way to really satisfy Cal-OSHA would be to require full Haz-Mat suits!
I think that performers are most properly classified as independent contractors but, many performers benefit by being paid as an employee. Cal-OSHA regulations do not fit the Adult Industry. The industry needs to petition government to be excluded from Title 8 as these regulations clearly will prevent the filming of sex scenes.
A point was also made by Assemblyman Koretz yesterday. He stated that condoms with N9 actually increase the chance of exposure to HIV. He claimed that he has been trying to get condom manufacturers to remove the spermicide from their products.
He suggested that all condom scenes be shot with non N9 condoms.
