APHSS.org Legal Advisor and attorney Karen Tynan has issued a letter to the Los Angeles City Attorney Carmen Trutanich challenging actions by health & safety regulatory agency Cal/OSHA. The state agency recently sent a letter to the LA City Attorney allowing the city to enforce mandatory condom use through film permit requirements for adult productions.
“When I saw that counsel for Cal/OSHA was advising the City of Los Angeles to jump into this issue, I was appalled,” said Tynan. “I don’t see Cal/OSHA writing to the city council of Bakersfield or Fresno imploring those cities to write regulations on heat illness to protect the field workers, so why is Cal/OSHA taking this position on condoms? This is another glaring example of the politics, judgment, and discrimination that swirl around the condom issue.
“I certainly hope that the Los Angeles City Attorney and his staff attorneys can cut through the misinformation and propaganda that continues to pour forth from AHF and their allies,” Tynan added.
In the letter, Tynan states clearly that Cal/OSHA’s attempt to hand off regulatory enforcement to local agencies is unprecedented on a legal basis, allowing local agencies to enforce health & safety regulation without clear authority to do so.
Also, Tynan points out several conflicts of interest raised by the relationship between the Cal/OSHA and nonprofit HIV organization AIDS Healthcare Foundation (AHF), including evidence that shows that AHF has provided expert witnesses and its own physicians to give testimony in proceedings regarding adult industry health & safety, while adult industry stakeholders had limited opportunities to present testimony or counterpoints to the data provided by AHF.
FSC, as the adult industry trade association, commissioned a report from respected biostatistician Lawrence Mayer MD, MFA, PhD, debunking the methodology used to analyze the data presented by AHF and showing that statistics used by AHF are inaccurate. That report was entered into record at the most recent Cal/OSHA meeting regarding adult industry health & safety.
“Since 2009, FSC and industry stakeholders have been working cooperatively with Cal/OSHA to arrive at industry-appropriate regulations for health & safety, so we are surprised at the latest developments,” said FSC Membership/Communications Director Joanne Cachapero. “Frankly, it’s shocking that a state agency would take action allowing the issues to become further politicized. The letter from Cal/OSHA to the LA City Attorney seems to indicate bias. It appears as if Cal/OSHA has decided to align their actions with Aids Healthcare Foundation’s continuing anti-industry campaign to mandate condom use on adult production sets.”
FSC recently launched the APHSS.org database program to uphold policies and protocols for health & safety on adult production sets. The program was developed to replace the gap left after the closure of the AIM clinic. The APHSS.org Advisory Committee is made up of performers, producers and agents, with Tynan serving as legal advisor. FSC and APHSS.org continues working toward industry-appropriate health & safety regulations on behalf of its members and industry stakeholders.
For more information on FSC or APHSS.org, contact joanne@freespeechcoalition.com or (818) 348-9373.
Tynan’s Letter re DOSH Revised
Dr Mayer report FSC AFI STI 06-03-11
(Photo: Some rights reserved by Horia Varlan)
