AB 332, as introduced, Hall. Occupational safety and health: adult films.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
This bill would require an employer engaged in the production of an adult film to adopt prescribed practices and procedures to protect employees from exposure to, and infection by, sexually transmitted diseases, including engineering and work practice controls, an exposure control plan, hepatitis B vaccinations, medical monitoring, and information and training on health and safety. The bill would define terms for those purposes. The bill would require the Occupational Safety and Health Standards Board to adopt emergency regulations to implement these provisions by July 1, 2014. Because a violation of the act would be a crime under certain circumstances, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6720 is added to the Labor Code, to read:
(a) The Legislature finds and declares that the protection
3of workers in the adult film industry is the responsibility of multiple
4layers of government, with the department being responsible for
5worker safety and the county being responsible for protecting the
6public health. Therefore, this section shall not be construed to
7prohibit a city, county, or city and county from implementing a
8local ordinance regulating the adult film industry if the local
9ordinance is consistent with this section.
10(b) For purposes of this section, the following definitions shall
11apply:
12(1) “Adult film” means the production of any film, video,
13multimedia, or other recorded representation of sexual
intercourse
14for the sexual stimulation of the viewer that may involve exposure
15to bloodborne pathogens or other potentially infectious materials.
16(2) “Employee” means a person who is an employee,
17independent contractor, or unpaid individual, regardless of whether
18the person is shown in the adult film, who performs a penetrative
19sexual act or an act for the sexual stimulation of the viewer that
20involves exposure to bloodborne pathogens or other potentially
21infectious materials.
22(3) “Employer” means a company, partnership, corporation, or
23individual engaged in the production of an adult film. There shall
24be a rebuttable presumption that the name on the material for
25commercial distribution is the employer unless there is evidence
26to the contrary as demonstrated through contractual or employment
27records.
28(4) “Sexually
transmitted disease” or “STD” means any infection
29commonly spread by sexual conduct, including, but not limited
30to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital
31human papillomavirus infection, and genital herpes.
32(c) An employer shall maintain engineering and work practice
33controls sufficient to protect employees from exposure to blood
34and any potentially infectious materials. Engineering and work
35practice controls shall include, but are not limited to, the following:
P3 1(1) Simulation of sex acts using acting, production, and
2postproduction techniques.
3(2) Provision of and required use of condoms and other
4protective barriers whenever acts of vaginal or anal intercourse
5are filmed.
6(3) The provision of condom-safe water-based or
silicone-based
7lubricants to facilitate the use of condoms.
8(4) Plastic and other disposable materials to clean up sets.
9(5) Sharps containers for disposal of any blades, wires, or broken
10glass.
11(d) An employer shall maintain an exposure control plan in
12accordance with Section 5193 of Title 8 of the California Code of
13Regulations. An employer shall not be required to comply with
14any provision related to establishing and maintaining a sharps
15injury log.
16(e) An employer shall make available the hepatitis B vaccination
17for any employee engaged in the production of adult films, at the
18employer’s expense.
19(f) An employer shall designate a custodian of records for
20purposes of this section. A
copy of the original production shall
21be retained by the custodian of records.
22(g) An employer shall pay the costs of required medical
23monitoring such as STD testing and keep confidential employee
24records.
25(h) (1) An employer shall adopt, implement, maintain, and
26update, as required, a written health and safety program approved
27by the department and that meets the requirements of the Injury
28and Illness Prevention Program and the bloodborne pathogens
29standard, described, respectively, in Sections 3203 and 5193 of
30Title 8 of the California Code of Regulations.
31(2) An employer shall provide department-approved information
32and training on health and safety to employees at the employer’s
33expense. The training program shall be provided in accordance
34with Section 5193 of Title 8 of the California Code
of Regulations.
35The training requirements of this subdivision may be satisfied by
36proof that the employee has received appropriate training at another
37workplace or from an appropriate third party approved by the
38department in the prior 12 months.
39(i) By July 1, 2014, the Occupational Safety and Health
40Standards Board shall adopt emergency regulations to implement
P4 1this section in accordance with the rulemaking provisions of the
2Administrative Procedure Act (Chapter 3.5 (commencing with
3Section 11340) of Part 1 of Division 3 of Title 2 of the Government
4Code).
5(j) This section shall not be construed to require condoms,
6barriers, or other personal protective equipment to be visible in
7the final product of an adult film.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
O
99