Fascinating developments in California yesterday when it comes to the regulation of pornography. XBiz reported that early 70 porn performers came out in force to voice their concerns and give input on a Cal/OSHA draft proposal containing modifications to California’s health code to strengthen adult industry workplace safety regulations. You can read the story in full here, and read the proposed regulation here. Here’s the main part of the regulation:

Section 5193.1 Sexually transmitted infections in the adult entertainment industry
(a) Scope and Application.

(1) This section applies to all occupational exposure to bloodborne pathogens and other sexually transmitted infections in the adult entertainment industry, as
defined below.
(2) Employers shall also comply with Section 5193 when employee activities include
Intentional parenteral exposure, for example, when piercing the skin or providing
injections.
(3) The employer shall provide all safeguards required by this section, including the
provision of personal protective equipment, training, and medical services, at no cost to the employee, at a reasonable time and place for the employee, and during the employee’s working hours.
The section goes on to define ‘adult entertainment’ as: ‘the production of any film, video, multimedia, or other recorded or live representation in which performers actually engage in any activity that may result in exposure of the eyes, skin, mouth, anus, vagina, or other mucous membranes to the blood or OPIM—STI of another person if protective measures are not in place’.
The section goes on to offer further details/definitions and seems ‘comprehensive’ to put it mildly. My reading suggests a ban of bareback porn, along with SCAT and piss-based porn. It also seems to require condoms to be used for vaginal penetration and oral sex – it is essentially a condom charter. The regulation also appears to take the somewhat extreme measure of banning kissing (although simulated kissing, like fucking would be OK). The cum-shot would be banned. It is hard to envisage how a porn company could survive such measures and it seems inevitable that companies would – if this is approved – move to other states, out of the country or underground.
It’s hard to tell if this is political game-playing by the Cal/OSHA (the California Division of Occupational Safety and Health), trying to start out with an OTT measure in a hope to settle with a still-high level of condom requirement. Alternatively, they may simply be out of touch and inept. Either way, this is a development that should be keenly watched by lawyers, health professionals and anyone involved in the porn industry.
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