AB 640,
as amended, Hall. begin deleteEmployee safety: adult film industry: local regulation. end deletebegin insertOccupational safety and health: adult films.end insert
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.
end insertbegin insertThis 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. 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.
end insertbegin insertThis bill would provide that its provisions are severable.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the California Occupational Safety and Health Act of 1973, establishes the Division of Occupational Safety and Health for the purpose of ensuring safe and healthful working conditions for all Californians.
end deleteThis bill would, notwithstanding any other law, authorize a city, county, or city and county to adopt and enforce a local ordinance that protects against the exposure of workers to blood or other potentially infectious materials during the filming or production of an adult film, as defined.
end deleteThis bill would declare that it is to take effect immediately as an urgency statute.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6720 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(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, provided that
9nothing in the local ordinance contradicts any provision of this
10section.
11(b) For purposes of this section, the following definitions shall
12apply:
13(1) “Adult film” means any commercial film, video, multimedia,
14or other recorded
representation during the production of which
P3 1performers actually engage in sexual intercourse, including oral,
2vaginal, or anal penetration.
3(2) “Employee” means a person who is an employee or
4independent contractor, regardless of whether the person is shown
5in the adult film, who, during the production of the adult film,
6performs sexual intercourse, including oral, vaginal, or anal
7penetration.
8(3) “Employer” means a company, partnership, corporation,
9or individual engaged in the production of an adult film. There
10shall be a rebuttable presumption that the name on the material
11for commercial distribution is the employer unless there is evidence
12to the contrary as demonstrated through contractual or employment
13records.
14(4) “Sexually transmitted disease” or “STD” means any
15infection commonly spread by sexual conduct,
including, but not
16limited to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis,
17genital human papillomavirus infection, and genital herpes.
18(c) An employer shall maintain engineering and work practice
19controls sufficient to protect employees from exposure to blood
20and any potentially infectious materials, in accordance with Section
215193 of Title 8 of the California Code of Regulations. Engineering
22and work practice controls shall include, but are not limited to,
23the following:
24(1) Simulation of sex acts using acting, production, and
25postproduction techniques.
26(2) Provision of and required use of condoms and other
27protective barriers whenever acts of vaginal or anal intercourse
28are filmed.
29(3) The provision of condom-safe water-based or
silicone-based
30lubricants to facilitate the use of condoms.
31(4) Plastic and other disposable materials to clean up sets.
32(5) Sharps containers for disposal of contaminated sharps,
33including, but not limited to, any blades, wires, or broken glass.
34(d) An employer shall maintain an exposure control plan in
35accordance with Section 5193 of Title 8 of the California Code of
36Regulations. An employer shall not be required to comply with
37any provision related to establishing and maintaining a sharps
38injury log, or any provision regarding regulated waste.
39(e) An employer shall make available the hepatitis B vaccination
40and all medical followup required by Section 5193 of Title 8 of
P4 1the California Code of Regulations, for any employee engaged in
2the production of
adult films, at the employer’s expense.
3(f) An employer shall designate a custodian of records for
4purposes of this section. A copy of the original production shall
5be retained by the custodian of records.
6(g) An employer shall pay the costs of required medical
7monitoring, such as STD testing, and keep confidential employee
8records.
9(h) (1) An employer shall adopt, implement, maintain, and
10update, as required, a written health and safety program that meets
11the requirements of the Injury and Illness Prevention Program
12and the bloodborne pathogens standard, described, respectively,
13in Sections 3203 and 5193 of Title 8 of the California Code of
14Regulations.
15(2) An employer shall provide a training program in accordance
16with Section
5193 of Title 8 of the California Code of Regulations.
17The training requirements of this subdivision may be satisfied by
18proof that the employee has received appropriate training at
19another workplace or from an appropriate third party approved
20by the department in the prior 12 months.
21(i) This section shall not be construed to require condoms,
22barriers, or other personal protective equipment to be visible in
23the final product of an adult film.
24(j) The Legislature finds and declares that screening for STDs
25is a critical public health measure and should be employed
26wherever possible, including the adult film industry. Therefore,
27this section shall not be construed to impede or replace STD
28screening of all employees, as defined in paragraph (2) of
29subdivision (b), pursuant to STD screening protocols established
30by the federal Centers for Disease Control and Prevention, the
31State
Department of Public Health, and the public health
32department in the county where the filming occurs.
The provisions of this act are severable. If any
34provision of this act or its application is held invalid, that invalidity
35shall not affect other provisions or applications that can be given
36effect without the invalid provision or application.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P5 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
Section 6720 is added to the Labor Code, to read:
(a) The Legislature finds and declares that the protection
8of workers in the adult film industry is the responsibility of multiple
9layers of government.
10(b) Notwithstanding any other law, a city, county, or city and
11county may adopt and enforce a local ordinance that protects
12against the exposure of workers to blood or other potentially
13infectious materials during the filming or production of an adult
14film.
15(c) For the purposes of this section, “adult film” means any
16commercial film, video, multimedia, or other representation during
17the production of which performers actually engage in sexual
18intercourse,
including, but not limited to, oral, vaginal, or anal
19penetration, and including, but not limited to, any other sexual
20activity that may result in the transmission of blood or any other
21potentially infectious materials.
22(d) Violations of ordinances adopted pursuant to this section
23shall not be subject to penalties set forth in Chapter 4 (commencing
24with Section 6423).
This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:
29In order to protect workers in the adult film industry from an
30imminent threat to public health as soon as possible, it is necessary
31that this act take effect immediately.
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