Cal/OSHA Releases Agenda for Adult Film Advisory Meeting

Cal/OSHA Releases Agenda for Adult Film Advisory Meeting

OAKLAND, Calif. — Cal/OSHA officials today outlined what they will cover during a Jan. 31 advisory meeting that will discuss bloodborne pathogen exposure in the adult film industry.

The advisory meeting to be held in Oakland, Calif., is certain to attract a large contingent of adult industry stakeholders. Because of previous large turnouts and accompanying public comment, Cal/OSHA has scheduled a tight agenda for the meeting, which is planned to last about five-and-a-half hours including lunch break.

Cal/OSHA plans on evaluating two petitions — Petition 560, which was filed by the Free Speech Coalition, and Petition 557, filed by the AIDS Healthcare Foundation. The meeting is in in response to a request by the state occupational Standards Board and two petitions granted by the board earlier this year.

Both petitions request new regulatory language for § 5193 to address occupational exposures to bloodborne pathogens.

Eric Berg, Cal/OSHA’s deputy chief of research and standards, and Steve Smith, the agency’s industrial hygiene manager, will co-chair the Jan. 31 advisory meeting, Cal/OSHA spokeswoman Julia Bernstein told XBIZ.

In response to a request by the state occupational Standards Board and two petitions granted by the board earlier this year, Cal/OSHA will be convening the advisory meeting to evaluate the two petitions and the need to reinitiate rulemaking to address bloodborne pathogen hazards associated with working in the adult film industry.  

The advisory meeting will start at 10 a.m. with a discussion about business structures and employment relationships in the adult film industry. Cal/OSHA officials plan on asking stakeholders:

  • Who makes hiring/casting decisions?
  • How are the decisions made? Is supervision and/or control exercised over performers during filming/production? If so, in what manner and by whom?
  • How are performers paid?

Cal/OSHA officials then will query whether there is a necessity to amend or expand upon the bloodborne pathogens standard known as § 5193.

The officials intend on asking the question, “Are there any alternative methods that have been shown to be at least as effective as condoms?” They’ll then ask for the scientific data showing the effectiveness of the alternative methods compared to condoms.

According to the agenda, Cal/OSHA officials will query whether new rules are necessary, but at the same time must consider Labor Code Section 142.3, which requires the Standards Board to adopt standards at least as effective as the equivalent federal OSHA standards.

The agenda suggests that Cal/OSHA officials must also consider that federal and California bloodborne pathogens standards require that universal precautions be observed to prevent contact with blood or other potentially infectious materials and that all scientific data presented to and reviewed by Cal/OSHA shows that no alternative methods are at least as effective as barrier protection, such as condoms.

Cal/OSHA officials also will ask the question, “Should additional methods of protection be required, such as any of the following?”

  • Vaccines for hepatitis A and human papilloma virus;
  • Confidential testing and medical exams for HIV, hepatitis C, syphilis, hepatitis B, chlamydia, gonorrhea and trichomoniasis HIV pre-exposure prophylaxis; and,
  • Training of employees regarding signs, symptoms, modes of transmission and treatment related to sexually transmitted infections and vaccines for hepatitis A and human papilloma virus.

They’ll then hold discussion on the question, “Do the recordkeeping requirements included in the current § 5193 include adequate confidentiality requirements?”

By 2:30 p.m., Cal/OSHA officials will open up for comments from interested parties.

Cal/OSHA officials at 3:15 p.m. will then discuss “next steps” and then adjourn the meeting by 3:30 p.m.

The “Bloodborne Pathogens Exposure in the Adult Film Industry Advisory Meeting” will be held Tuesday, Jan. 31, at 10 a.m., lasting until 3:30 p.m. at the Elihu Harris State Building, 1515 Clay St., 2nd floor, Room 1, in Oakland, Calif.

Pictured: Adult entertainment stakeholders line up last February to offer public comment at the Elihu Harris Building.