Lillo said, however, that the visit was not the major event that some in the adult industry appear to believe.
"The truth of the matter is that they showed up, they were very professional, we were happy to work with them and we look forward to working with them in the future if it comes up," Lillo said.
Lillo said that though the company was not expecting the visit, Naughty America was prepared for it, and he doesn't want to make something out of nothing.
"I just feel like people are kind of blowing it out of proportion," Lillo said. "That's generally how it works. I've had mainstream jobs where OSHA showed up, and we were always prepared for that because you have your meetings and escape plans and proper distribution and dispersal of chemicals and such — it's not like it was anything out of the ordinary."
Lillo said that the crew was working on a closed set at the time, and when the representative showed up, they stopped production to work with the person. The shoot was not, however, shut down, he said.
"'Shut down' is what everyone is saying," Lillo said. "They did not come and they did not shut us down. They came over, they asked us what it was they wanted to see, we provided that and everybody was happy and went along their merry way."
It is not clear what the Cal-OSHA representative's motivation was for inspecting the Naughty America shoot. A call to Cal-OSHA Enforcement Deputy Chief Vicky Heza was not returned by press time.
Adult industry attorney Michael Fattorosi told XBIZ that once the "Doe 43" case — involving adult performer Brooke Ashley's alleged HIV contraction from a bareback anal gangbang — determines that adult performers are considered employees rather than independent contractors, Cal-OSHA inspections could mean trouble for uninsured adult studios.
"Everyone wants to worry about 2257 because obviously that's looming, but the more relevant issue that could hit us at a moments notice, like we saw with Naughty America, is the issue of workers compensation and employee safety," Fattorosi said.
He said that Cal-OSHA does periodic spot checks in industries that its knows are on the edge of the law, and that the Department of Industrial Relations can shut down a porn set and could fine the company $1,000 per day, per performer, until it can prove it has workers compensation insurance.
"This state is very pro-employee and it takes care of its employees probably more so than other states," Fattorosi said. "It's basically a matter of time until California gets its head out of the sand and starts looking at this industry."
He said that adult company owners don't realize how affordable being insured is — $22 per boy-girl scene — and that there are insurance companies that are not afraid to insure adult studios.
It has been reported that Cal-OSHA's visit to Naughty America was prompted by an adult industry member, but Fattorosi emphasized that reports of unsafe working conditions don't necessarily have to come from performers.
"There are people who have this industry on their scopes, the Shelley Lubben's of the world," he said. "There are enough people outside this industry that would like to see this industry destroyed, and this is one way it could happen."
