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Hustler to Appeal Cal/OSHA Citations

Hustler to Appeal Cal/OSHA Citations
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Apr 5, 2011 11:45 AM PDT    Text size: 

LOS ANGELES — Hustler Video attorneys have indicated to Cal/OSHA that the company plans to appeal recent health citations stemming from an investigation into the company that found it violated various workplace safety regulations.

Cal/OSHA officials told XBIZ any company that is cited has an opportunity to challenge the findings through various hearings until a final decision is made.

“It can be a long process,” said Krisann Chasarik, a spokesperson at the California Department of Industrial Relations. She added that one possible outcome of an appeal can be a reduction in the citation amount but rarely are the citations completely dismissed.

Cal/OSHA conducted its investigation at 20932 Osborne St., Canoga Park, Calif., and issued three “serious” citations for $4,725 each.

The first citation was based on California’s requirement that every employer shall provide an effective Injury and Illness Prevention Program.

“The employer, LFP Video Group dba Hustler Video, failed to establish, implement or maintain a written Injury and Illness Prevention Program, which me the requirements of this standard for employees of Forsaken Pictures who were exposed to hazards in the course of producing adult videos,” the 10-page investigation report said.

The second citation dealt with the exposure response, prevention and control plan of bloodborne pathogens as defined in California’s state health code sections 3203 and 5193, which state that each employer having an employee with occupational exposure shall establish, implement and maintain an effective Exposure Control Plan, which is designed to eliminate or minimize employee exposure.

The report said that LFP Video Group also “failed to establish, implement or maintain all the required elements of a written Exposure Plan for employees of Forsaken Pictures who had reasonably anticipated contact with other potentially infectious materials, including semen, vaginal secretions as well as with blood or other fluids contaminated with blood, in the course of producing adult videos.”

The notice also said the company failed to use workplace controls to eliminate or minimize exposure to blood or other substances, failed to make available the hepatitis B and other vaccines and failed to provide employees with a training program.

Chasarik said the third citation, which dealt with personal protective equipment such as condoms, was discovered during the investigation process that included interviews with various employees, performers and employers.

“We talked with workers, employers and we checked records and files,” she said.

The report said that where occupational exposure remains, the employer must provide appropriate personal protective equipment as stated in section 5193.

Hustler Video “failed to ensure the use of appropriate personal protective equipment, such as condoms, to employees of Forsaken Pictures who had reasonably anticipated contact with other potentially infectious materials,” the report said.

Hustler officials did not immediately respond to XBIZ for comment.

 

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