AB 1576, as amended, 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.
Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements, such as the employer’s system for identifying and evaluating workplace hazards and the employer’s system for communicating with employees on occupational health and safety matters.
Existing regulations require each employer having an employee with occupational exposure, defined as reasonably anticipated specified contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties, to establish, implement, and maintain an effective exposure control plan designed to eliminate or minimize employee exposure. Existing regulations require, under specified circumstances, the employer to provide, at no cost to the employee, appropriate personal protective equipment that does not permit blood or other potentially infectious materials to pass through to or to reach the employee, as specified.
This bill would additionally require an adult film employer’s injury prevention program to include documentation that each time an employee performing in an adult film engaged in vaginal or anal intercourse,
begin delete a protective barrierend delete was used to protect the employee from exposure to bloodborne pathogens and each employee performing in an adult film was tested for sexually transmitted infections not begin delete lessend delete than 14 days prior to filming any scene in which the employee engaged in vaginal or anal intercourse and that the employer paid for the test. 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 6319.3 of the Labor Code is amended to
(a) Except as provided in subdivision (b) of this section
4and subdivision (k) of Section 6401.7, no civil penalty shall be
5assessed against any new employer in the state for a violation of
6any standard developed pursuant to subdivision (a) of Section
76401.7 for a period of one year after the date the new employer
8establishes a business in the state.
9(b) Subdivision (a) shall only apply to an employer who has
10made a good faith effort to comply with any standard developed
11pursuant to subdivision (a) of Section 6401.7, but shall not apply
12if the employer is found to have committed a serious, willful, or
13repeated violation of that standard, or fails to abate the violation
14and is assessed a penalty pursuant to Section 6430.
Section 6401.7 of the Labor Code is amended to read:
(a) Every employer shall establish, implement, and
3maintain an effective injury prevention program. The program
4shall be written, except as provided in subdivision (e), and shall
5include, but not be limited to, the following elements:
6(1) Identification of the person or persons responsible for
7implementing the program.
8(2) The employer’s system for identifying and evaluating
9workplace hazards, including scheduled periodic inspections to
10identify unsafe conditions and work practices.
11(3) The employer’s methods and procedures for correcting
12unsafe or unhealthy conditions and work practices in a timely
14(4) An occupational health and safety training program designed
15to instruct employees in general safe and healthy work practices
16and to provide specific instruction with respect to hazards specific
17to each employee’s job assignment.
18(5) The employer’s system for communicating with employees
19on occupational health and safety matters, including provisions
20designed to encourage employees to inform the employer of
21hazards at the worksite without fear of reprisal.
22(6) The employer’s system for ensuring that employees comply
23with safe and healthy work practices, which may include
employer shall correct unsafe and unhealthy conditions
26and work practices in a timely manner based on the severity of the
28(c) The employer shall train all employees when the training
29program is first established, all new employees, and all employees
30given a new job assignment, and shall train employees whenever
31new substances, processes, procedures, or equipment are introduced
32to the workplace and represent a new hazard, and whenever the
33employer receives notification of a new or previously unrecognized
34hazard. An employer in the construction industry who is required
35to be licensed under Chapter 9 (commencing with Section 7000)
36of Division 3 of the Business and Professions Code may use
37employee training provided to the employer’s employees under a
38construction industry occupational safety and health training
39program approved by the division to comply with the requirements
40of subdivision (a) relating to employee training, and shall only be
P4 1required to provide training on hazards specific to an employee’s
3(d) The employer shall keep appropriate records of steps taken
4to implement and maintain the program. An employer in the
5construction industry who is required to be licensed under Chapter
69 (commencing with Section 7000) of Division 3 of the Business
7and Professions Code may use records relating to employee training
8provided to the employer in connection with an occupational safety
9and health training program approved by the division to comply
10with this subdivision, and shall only be required to keep records
11of those steps taken to implement and maintain the program with
12respect to hazards specific to an employee’s job duties.
13(e) (1) The standards board shall adopt a standard setting forth
14the employer’s duties under this section, on or before January 1,
151991, consistent with the requirements specified in subdivisions
16(a), (b), (c), and (d). The standards board, in adopting the standard,
17shall include substantial compliance criteria for use in evaluating
18an employer’s injury prevention program. The board may adopt
19less stringent criteria for employers with few employees and for
20employers in industries with insignificant occupational safety or
22(2) Notwithstanding subdivision (a), for employers with fewer
23than 20 employees who are in industries that are not on a
24designated list of high hazard industries and who have a workers’
25compensation experience modification rate of 1.1 or less, and for
26any employers with fewer than 20 employees who are in industries
27that are on a designated list of low hazard industries, the board
28shall adopt a standard setting forth the employer’s duties under
29this section consistent with the requirements specified in
30subdivisions (a), (b), and (c), except that the standard shall only
31require written documentation to the extent of documenting the
32person or persons responsible for implementing the program
33 pursuant to paragraph (1) of subdivision (a), keeping a record of
34periodic inspections pursuant to paragraph (2) of subdivision (a),
35and keeping a record of employee training pursuant to paragraph
36(4) of subdivision (a). To any extent beyond the specifications of
37this subdivision, the standard shall not require the employer to
38keep the records specified in subdivision (d).
39(3) (A) The division shall establish a list of high hazard
40industries using the methods prescribed in Section 6314.1 for
P5 1identifying and targeting employers in high hazard industries. For
2purposes of this subdivision, the “designated list of high hazard
3industries” shall be the list established pursuant to this paragraph.
4(B) For the purpose of implementing this subdivision, the
5Department of Industrial Relations shall periodically review, and
6as necessary revise, the list.
7(4) For the purpose of implementing this subdivision, the
8Department of Industrial Relations shall also establish a list of low
9hazard industries, and shall periodically review, and as necessary
10revise, that list.
11(f) The standard adopted pursuant to subdivision (e) shall
12specifically permit employer and employee occupational safety
13and health committees to be included in the employer’s injury
14prevention program. The board shall establish criteria for use in
15evaluating employer and employee occupational safety and health
16committees. The criteria shall include minimum duties, including
18(1) Review of the employer’s
periodic, scheduled worksite
19inspections; investigation of causes of incidents resulting in injury,
20illness, or exposure to hazardous substances; and investigation of
21any alleged hazardous condition brought to the attention of any
22committee member. When determined necessary by the committee,
23the committee may conduct its own inspections and investigations.
24(2) (A) Upon request from the division, verification of
25abatement action taken by the employer as specified in division
27(B) If an employer’s occupational safety and health committee
28meets the criteria established by the board, it shall be presumed to
29be in substantial compliance with paragraph (5) of subdivision (a).
30(g) The division
shall adopt regulations specifying the
31procedures for selecting employee representatives for
32employer-employee occupational health and safety committees
33when these procedures are not specified in an applicable collective
34bargaining agreement. No employee or employee organization
35shall be held liable for any act or omission in connection with a
36health and safety committee.
37(h) The employer’s injury prevention program, as required by
38this section, shall cover all of the employer’s employees and all
39other workers who the employer controls or directs and directly
40supervises on the job to the extent these workers are exposed to
P6 1worksite and job assignment specific hazards. Nothing in this
2subdivision shall affect the obligations of a contractor or other
3employer that controls or directs and directly supervises its own
4employees on the job.
5(i) (1) An adult film employer’s injury prevention program
6shall include documentation that:
8(A) Each time an employee performing in an adult film engaged
9in vaginal or anal intercourse,
begin delete a condom or other protective barrierend delete
10 was used to protect the employee
11from exposure to bloodborne pathogens. This paragraph shall not
12be construed to require that the
begin delete condom or other protective barrierend delete
13 be visible to the consumer in the
15(B) Each employee performing in an adult film was tested for
16sexually transmitted infections,
begin delete including, but not limited to, HIV,end delete
begin delete lessend delete than 14
20days prior to filming any scene in which the employee engaged in
21vaginal or anal intercourse and that the employer paid for the test.
22(2) For the purposes of this subdivision, “adult film” means any
23commercial film, video, multimedia, or other recorded
24representation during the production of which performers actually
25engage in sexual intercourse, including oral, vaginal, or anal
27(j) When a contractor supplies its employee to a state agency
28employer on a temporary basis, the state agency employer may
29assess a fee upon the contractor to reimburse the state agency for
30the additional costs, if any, of including the contract employee
31within the state agency’s injury prevention program.
32(k) (1) The division shall prepare a Model Injury and Illness
33Prevention Program for Non-High-Hazard Employment, and shall
34make copies of the model program prepared pursuant to this
35subdivision available to employers, upon request, for posting in
36the workplace. An employer who adopts and implements the model
37program prepared by the division pursuant to this paragraph in
38good faith shall not be assessed a civil penalty for the first citation
39for a violation of this section issued after the employer’s adoption
40and implementation of the model program.
P7 1(2) For purposes of this subdivision, the division shall establish
2a list of non-high-hazard industries in California. These industries,
3identified by their Standard Industrial Classification Codes, as
4published by the United States Office of Management and Budget
5in the Manual of Standard Industrial Classification Codes, 1987
6Edition, are apparel and accessory stores (Code 56), eating and
7drinking places (Code 58), miscellaneous retail (Code 59), finance,
8insurance, and real estate (Codes 60-67), personal services (Code
972), business services (Code 73), motion pictures (Code 78) except
10motion picture production and allied services (Code 781), legal
11services (Code 81), educational services (Code 82), social services
12(Code 83), museums, art galleries, and botanical and zoological
13gardens (Code 84), membership organizations (Code 86),
14engineering, accounting, research, management, and related
15services (Code 87), private households (Code 88), and
16miscellaneous services (Code 89). To further identify industries
17that may be included on the list, the division shall also consider
18data from a rating organization, as defined in Section 11750.1 of
19the Insurance Code, and all other appropriate information. The list
20shall be established by June 30, 1994, and shall be reviewed, and
21as necessary revised, biennially.
22(3) The division shall prepare a Model Injury and Illness
23Prevention Program for Employers in Industries with Intermittent
24Employment, and shall determine which industries have historically
25utilized seasonal or intermittent employees. An employer in an
26industry determined by the division to have historically utilized
27seasonal or intermittent employees shall be deemed to have
28complied with the requirements of subdivision (a) with respect to
29a written injury prevention program if the employer adopts the
30model program prepared by the division pursuant to this paragraph
31and complies with any instructions relating thereto.
32(l) With respect to any county, city, city and county, or district,
33or any public or quasi-public corporation or public agency therein,
34including any public entity, other than a state agency, that is a
35member of, or created by, a joint powers agreement, subdivision
36(d) shall not apply.
37(m) Every workers’ compensation insurer shall conduct a
38review, including a written report as specified below, of the injury
39and illness prevention program (IIPP) of each of its insureds with
40an experience modification of 2.0 or greater within six months of
P8 1the commencement of the initial insurance policy term. The review
2shall determine whether the insured has implemented all of the
3required components of the IIPP, and evaluate their effectiveness.
4The training component of the IIPP shall be evaluated to determine
5whether training is provided to line employees, supervisors, and
6upper level management, and effectively imparts the information
7and skills each of these groups needs to ensure that all of the
8insured’s specific health and safety issues are fully addressed by
9the insured. The reviewer shall prepare a detailed written report
10specifying the findings of the review and all recommended changes
11deemed necessary to make the IIPP effective. The reviewer shall
12be or work under the direction of a licensed California professional
13engineer, certified safety professional, or a certified industrial
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California