Regulators to Hear Update on Adult Filmmaking Proposals

SAN DIEGO — California’s Occupational Safety and Health Standards Board today released its agenda for its next monthly public meeting, slating a portion of the assembly for an update on bloodborne pathogen protection in the adult entertainment industry.

The Thursday, July 20, meeting will be held at the County Administration Center in San Diego, starting at 10 a.m., with public comment during the first portion of the meeting and discussion of proposed changes to adult filmmaking protocols after a lunch break.

Last month the Standards Board requested a staff update for two proposed adult film industry regulations pending before the board. 

The Free Speech Coalition’s Eric Paul Leue, who serves the trade group as its executive director, told XBIZ today that he is hoping for a “strong showing” of adult performers at the meeting.

"The meeting on the 20th in San Diego will be the first real sign as to Cal/OSHA’s direction since the defeat of the infamous condom-and-goggle regulations proposal in February 2016,” Leue said. “When we met with them earlier this year for the regulatory working group, we presented them with lots of facts and data, and a lot of performer voices.”

At issue are two petitions that request new regulatory language for § 5193 of the state code of regulations to address occupational exposure to bloodborne pathogens on porn sets.

The FSC’s Petition 560 emphasizes performer control over their bodies and allows the protocols to improve by making use of scientific advancements. FSC's petition would keep current standards like the PASS system, but it would also add options, including the use of HIV pre-exposure prophylaxis (PrEP) and vaccines.

Meanwhile, the AIDS Healthcare Foundation introduced Petition 557, which is similar to an ill-fated amendment that was shot down by the Standards Board in February 2016. That amendment, if it had been approved, would have greatly expanded barrier protection for porn performers and likely would have required performers to wear goggles to avoid ocular infections and dental dams for oral sex.

An advisory meeting that attempted to sort out the petitions was held on Jan. 31 in Oakland. The meeting, lasting more than six hours, attracted nearly two dozen panelists from both sides, along with about 40 individuals, comprising performers and producers, listening in on the proceedings.

The Standards Board, so far, has not signaled what direction it will be taking with the two petitions at hand, but the July 20 meeting is seen by many as one that will be pivotal. The board could decide to vote on the proposals or schedule further advisory meetings.

“We'll get an idea at this meeting as to how those voices were received,” Leue said. “We're hopeful that they've listened to the lived experiences of performers.”

“In addition to the meeting earlier this year, performers have been at nearly every meeting of the Cal/OSHA Standards Board for the past year and a half, and in regular contact with the division about the process. We want a strong showing at this meeting as well."

The July 20 meeting also will focus on other non-adult worker issues, including for those involved in the ship building and healthcare industries.

The Standards Board meeting on Thursday, July 20, will be held at the County Administration Center, 1600 Pacific Hwy., Room 310, in San Diego.

Pictured: Free Speech Coalition’s Eric Paul Leue, left, industry attorney Karen Tynan, adult star and APAC President Ela Darling and FSC’s Siouxsie Q at a Cal/OSHA advisory meeting in late January.