BILL ANALYSIS Ó
AB 1576
Page 1
Date of Hearing: May 21, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1576 (Hall) - As Amended: May 14, 2014
Policy Committee: LaborVote:5-0
Arts 4-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires an adult film employer's exposure control
plan to include a log of information related to injury and
illness prevention. Specifically, this bill:
1)Requires an adult film employer's exposure control plan to
include a log of information for all scenes produced,
including, but not limited to, documentation that:
a) Each time an employee performing in an adult film
engaged in specified acts, personal protective equipment
was used to protect the employee from exposure to
bloodborne pathogens. This paragraph shall not be construed
to require that the personal protective equipment be
visible to the consumer in the finished film.
b) Each employee performing in an adult film was tested for
sexually transmitted infections according to the
recommendations of the Centers for Disease Control and
Prevention and the State Department of Public Health
current at the time the testing takes place, not more than
14 days prior to filming any scene in which the employee
engaged in specified acts and that the employee consented
to disclosing to the Department of Industrial Relations
(DIR) that the employee was the subject of an HIV test and
the employer paid for the test.
2)Defines "adult film" to mean any commercial film, video,
multimedia, or other recorded representation made or
distributed for financial gain, during the production of which
performers actually engage in sexual intercourse, as
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specified.
FISCAL EFFECT
1)Minor/absorbable costs to CalOSHA as enforcement of the bill's
requirements will likely be on a complaint-driven basis.
2)Special fund costs of up to $150,000 to the OSHA Standards
Board to the extent additional rulemaking is necessary.
According to DIR, the Division held six advisory committee
meetings in the last few years to discuss the current
rulemaking project on this issue. This bill addresses complex
issues in medical surveillance which would require additional
advisory committee time and attorney time. Additionally DIR
notes that Cal/OSHA staff can only cite for regulations - not
statute - therefore the bill would require additional
rulemaking that is beyond the scope of the current project.
COMMENTS
1)Purpose . According to the AIDS Healthcare Foundation, the
adult film industry accounts for thousands of workplace
disease infections in California every year. During the
production of adult films, workers, including but not limited
to performers, are exposed to a number of sexually transmitted
diseases. While these exposures fall under California's
regulatory definition of 'bloodborne pathogens,' the statute
that directs the execution of worker safety protections is
unclear about the obligations of adult film employers to
document their adherence to the law.
Supporters contend despite repeated recommendations from local
public health officials, Cal/OSHA, and a Legislative hearing
on how to make the AFI safer, industry practices remain
unchanged.
This bill requires adult film industry employers to ensure
that personal protective equipment is used during the
production of an adult film. The bill also clarifies that
employers must pay for mandatory STD testing of each actor and
that adult film actors must be tested for STDs at least every
14 days. The author contends this bill will provide statewide
uniformity to ensure workplace safety protections.
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2)Background . According to information submitted by the bill's
supporters, the US AFI produces 4,000 to 11,000 films and
earns an estimated $9 billion to $13 billion in gross revenues
annually. California is the largest center for adult film
production worldwide, although adult film production occurs
throughout the United States. An estimated 200 production
companies in Los Angeles employ up to 1,500 workers.
3)Current Petition Before the OSHA Standards Board . In 2009, the
AIDS Healthcare Foundation (AHF) submitted a petition to the
OSHA Standards Board seeking an amendment to the bloodborne
pathogen standard specific to the adult film industry. In its
petition, AHF proposed the standard be amended to add a new
subsection to clarify required protections for workers in the
adult film industry who are exposed to bloodborne pathogens
and sexually transmitted diseases.
In June 2011, the OSHA Standards Board circulated draft
language. On October 24, 2013, the OSHA Standards Board
released a revised draft for circulation but specified the
draft was not a rulemaking proposal.
4)Los Angeles County Measure B . In November 2012, Los Angeles
County voters approved a county initiative requiring the use
of condoms for specified acts during the production of adult
films. Measure B requires individual producers or production
companies, in order to make adult films, to obtain public
health permits from the county Department of Public Health. In
order to obtain the permit, an individual or production
company must complete a blood pathogen training course
approved by the Department. The permit can be revoked for any
violation of the measure, and violators are subject to civil
fines and misdemeanor charges.
Attorneys for the adult film industry filed a complaint in
January 2013 in the United States District Court, Central
District of California seeking an order enjoining and
restraining Los Angeles County from enforcing Measure B. On
August 16, 2013, the court dismissed industry arguments that a
ballot initiative cannot implicate First Amendment rights,
that state law preempts Measure B, and that Measure B violates
their due process rights (with the exception of Fourth
Amendments claims related to search and seizure). However,
the court refused to dismiss industry prior restraint claims
that Measure B does not provide sufficient procedural
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safeguards, does not have narrowly tailored requirements, and
gives the County of Los Angeles unbridled discretion. This
decision is pending before the Ninth District Court of
Appeals.
5)Opposition . Several AFI businesses oppose the measure over
concerns that this bill expands Measure B while
constitutionality is currently being challenged in the Ninth
Circuit Court of Appeals. Opponents are also concerned with
the testing requirements of the bill. Given these concerns,
the opposition requests that the Legislature forgo any action
until litigation has concluded.
The opposition is also concerned with the impact this bill may
have on jobs, particularly small businesses and the thousands
of workers who work directly or indirectly for California's
adult entertainment industry. Adult film production in
California directly employs thousands of actors, directors,
camera operators, gaffers, and other tradespeople and support
staff. The opposition states that these jobs have depleted
since the passage of Measure B and this bill seeks to push
adult film productions out of state.
The opposition contends that current industry protocols work
well. They argue any legislation that would diminish current
industry protocols will not only put performers at risk, but
also destroy an existing HIV and STI prevention program.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081