Regulators Shelve Proposals to Change Porn Production Protocols

Regulators Shelve Proposals to Change Porn Production Protocols

SAN DIEGO – California regulators have decided not to undertake any further rulemaking in regard to several proposals that would change protocols for porn shoots.

The decision was revealed today at the state Occupational Safety and Health Standards Board’s monthly meeting, where one board member, Dave Thomas, emphasized that the existing regulatory language continues for § 5193 of the state code of regulations in regards to occupational exposure to bloodborne pathogens on film sets. Condoms are mandatory, he said.

Eric Berg, chief deputy of Cal/OSHA’s research and standards division, announced his office’s findings at the hearing.

“We have been collaborating with the petitioners, and there will be no rulemaking at this time,” said Berg, who noted that existing law under § 5193 coupled with “education and outreach” will continue.

The unexpected announcement had a silencing effect in the packed auditorium at the San Diego County Administration Center.

Later, numerous adult entertainment stakeholders addressed the board after the announcement, thanking them for listening to their voices through the years.

Speakers representing the adult entertainment industry included attorney Karen Tynan, Free Speech Coalition Executive Director Eric Paul Leue, Mia Li, FSC Director of Policy and Industry Relations Siouxsie Q, FSC Scientific and Regulatory Director Ian O’Brien, Marcello, Five Star and Tim Woodman. Kevin Bland, a lobbyist for the FSC, also spoke.

The board had been weighing two petitions from the Free Speech Coalition and the AIDS Healthcare Foundation that requested new regulatory language for § 5193.

The FSC’s Petition 560 emphasized 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 AHF 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.

Now, both proposals have been shelved.

In a statement tonight, Leue said he thought Cal/OSHA realized that "simplistic solutions and one-size-fits-all regulations do not work in an industry that is as diverse, entrepreneurial and safe as adult entertainment.”

Under the industry’s PASS protocol, adult performers are tested every 14 days for a full slate of STIs, and there has not been a transmission of HIV on a PASS-compliant adult set since 2004, he said.

Cal/OSHA is now emphasizing that adult performers and producers do not necessarily have an employee/employer relationship, which may give adult workers more freedom in how they perform their jobs, he said. Adult performers have long maintained that they are contractors, not employees, and thus deserve more flexibility and control over their bodies.

“[§ 5193] was designed for medical settings, and no one would confuse an adult set with an emergency room,” Leue said. “The decision not to write specific regulations but instead focus on the hierarchy of controls speaks to the efficacy of our current safeguards and the need for flexibility.

"Now begins the process of working with Cal/OSHA collaboratively to find effective solutions.”

Pictured: Free Speech Coalition’s Eric Paul Leue at today's hearing.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, offering information about North America’s largest adult industry conference, set to take place Jan. 12-15.

Maria May Makes Her WIFEY Debut

Creator Maria May stars with her husband Jeff, Hollywood Cash, and Jamie Knoxx in the latest release from Vixen Media Group studio imprint WIFEY.

Alexis James Stars in Latest BAM Visions Scene

Alexis James stars alongside multi-XMAs winner Mick Blue in a new scene co-directed by Blue and Maestro Claudio, aka BAM Visions, from Evil Angel.

Charlotte Sins Performs Her 1st Gangbang for Adult Time

Charlotte Sins performs her first gangbang in the latest release from Adult Time.

Cutting Edge Testing Joins PASS as New Partner

Performer Availability Screening Services (PASS) has added Cutting Edge Testing (CET) as a new testing partner.

Andylynn Payne, Emma Rosie Topline Joey Silvera's 'Trans-Active 32'

Andylynn Payne and Emma Rosie headline director Joey Silvera’s “Trans-Active 32” from Evil Angel.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Vince Karter Discusses Directing for Evil Angel

After 13 years on screen, Vince Karter has taken his talents to the other side of the camera. He recently made his studio directing debut for Evil Angel, where five scenes helmed by the two-time Euro XMAs Male Performer of the Year are already streaming on the site.

WIFEY Names Serenity Cox Brand Ambassador

Vixen Media Group (VMG) studio imprint WIFEY has named Serenity Cox as its brand ambassador.

Show More