At 1 p.m. yesterday in Los Angeles, California, members of the Free Speech Coalition, health care representatives, and Cal/OSHA met to discuss the draft rules for proposed mandatory condom use in the Adult Industry. What they were not counting on were the 70 porn stars who also attended to make their voices heard during the discussion. In a meeting decorated with plenty of yelling and screaming, proposed language of the draft itself was the main focus. After wording has been approved, the following draft rules could later go to Cal/OSHA’s Standards Board for review, and possibly become new regulations.

“Cal/OSHA topics to be discussed at the meeting include; STI testing protocol; required use of condoms and other barrier protection (including gloves and eye protection); on-set hygiene; systems for medical services, post-exposure evaluations and follow-ups; vaccinations (HBV and HPV); performer training and education; record-keeping; and producer responsibility for compliance.”

If 70 Adult screen personalities are willing to attend these early stages of mandate discussion, do not be surprised if their numbers grow as the process continues. Although the proposition sounds as if it is only for the actors’ and actresses’ safety, the decision to mandate such a personal choice could become a much larger issue within our country. We will continue to keep an eye on how these proceedings play out.

(AP) LOS ANGELES (AP) — Porn performers in California would be required to use condoms in sex scenes if draft rules from state workplace safety officials advance out of the proposal phase.

Cal/OSHA officials provided the Associated Press with a 17-page draft proposal that contained sometimes graphic details of the bodily fluids, waste matter and other materials that porn actors must protect themselves against to avoid infection.

The draft is to be discussed at a public meeting in Los Angeles on June 7 and would later go to the state’s Occupational Safety & Health Standards Board for a ruling on whether it becomes part of state code.

The seven-member body is appointed by the governor and tasked with rulemaking to ensure safe and healthy workplaces in the state.

The draft says porn producers must provide and require “use of condoms or other barrier protection to prevent genital and oral contact with the blood or (any other bodily fluids) of another person.”

The draft specifies that condoms can’t be reused, cannot be expired, or used with multiple partners. Performers wouldn’t be allowed to share razors under the rules. And employers would have to keep sex toys clean.

The producer would also have to ensure that body areas contaminated with bodily fluids are cleaned between sexual acts with the same or different partners under the draft rules.

The draft also makes rules for employers to provide medical services and follow-up for all employees who have been exposed to possibly infectious materials. The draft also calls for sex workers to be provided with vaccines for human papilloma virus and hepatitis B.

Employers would have to provide showers to performers and follow rules on how laundry contaminated with human fluids must be handled.

The proposed change in rules comes in response to a complaint filed in 2009 by the AIDS Healthcare Foundation, calling on the state to require condoms in porn.

Since the complaint, Cal/OSHA has been meeting with stakeholders to discuss implementing a more specific rule.

Cal/OSHA has said they always believed porn performers fall under the same section of state workplace safety law that requires nurses to wear protective gear to spare them exposure to blood-borne and fluid-borne illnesses, but the law has never been made specific to porn sets.

The AIDS advocacy group has called for the use of condoms in porn, saying that actors were in unsafe situations and they glamorized risky sex for audiences.

Vivid Entertainment founder Steven Hirsch has said that such moves could force filming to leave California, causing a blow to the multi-billion porn industry that has many operations in the San Fernando Valley.

Hustler Video head Larry Flynt has said audiences don’t want to see actors using condoms because it interrupts porn viewer fantasies with a reminder of disease prevention and birth control.

FSC Fights CalOSHA Regulation

Dear Adult Entertainment Industry Producers,

Last week in a preemptive move, FSC took the issue of CalOSHA regulations, mandatory condoms, and mandatory testing to the California state capital. We spoke with a number of legislative offices, committee representatives and health and labor organizations. During our conversations, representatives of these organizations confirmed that no language has yet been submitted to the Legislature. Moreover, these representatives were encouraged by FSC’s strategy to create industry-appropriate guidelines for adult productions and protection for our performers. Even before an adult performer tested positive for HIV in June, the FSC began working on a Bloodborne Pathogen Plan (BBP) appropriate for the adult industry. This effort was in response to increased Cal OSHA attention on adult productions. CalOSHA, as well as a few opportunistic entities such as AIDS Healthcare Foundation and LA County Health, seek to regulate us and are currently working on mandatory condom and testing legislation and regulations. FSC, the adult entertainment industry’s trade association, is pushing back and we need your input on the draft BBP plan.

This user-friendly plan puts into “OSHA-speak” the already rigorous risk reduction procedures utilized within the industry coupled with standard OSHA requirements. Special thanks to the following individuals for their significant input: Sharon Mitchell of AIM, Derek Hay of LA Direct Models and LATATA, John Stagliano of Evil Angel, Steven Scarborough of Hothouse, industry attorneys Paul Cambria and Jeffrey Douglas, and attorney and OSHA specialist Karen Tynan.

Once the BBP is accepted by a majority of industry producers, we can bring the plan back to legislators, confirming that the industry already has highly effective risk reduction procedures in place, thus negating the need for legislation. Bringing the plan to CalOSHA will provide them with BBP practices for adult production companies–practices that are not only appropriate for the industry, but also highly effective. Please take a moment to look over the draft plan and provide feedback through the survey tool provided.

Cal OSHA and other organizations are seeking to regulate the adult entertainment industry–an industry they know nothing about. As your trade association, the FSC is not only the watchdog for the industry, but also a voice of reason in these tumultuous times. We promise to keep you informed as we progress through this critical process.

Thank you for your time, your feedback and your ongoing support.


Diane Duke

FSC Executive Director