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California’s seven-member Occupational Safety and Health Standards Board (OSHSB), which is responsible for creating CalOSHA regulations, has voted down a 21-page list of measures designed to provide greater protections against Sexually Transmitted Diseases including AIDS in California’s burgeoning pornography industry. The measure, which would have required actors to wear condoms during production, and even face shields, dental dams, goggles, and gloves whenever there was a chance of contact with bodily fluids, failed to garner the necessary four votes needed to adopt the measures. The vote was 3-2 in favor of the new measures (there were two members missing). The board said they would consider a revised proposal over the next year, and would also look into several questions, such as whether or not the rules would apply when spouses work together. The hearing and vote occurred last Thursday in Oakland.
Nearly 100 representatives from California’s porn industry gave more than five hours of testimony prior to the vote, saying that they felt that the voluntary controls that are currently in place to to prevent the spread of AIDS were adequate, and that no further intervention was required. “This is a malicious persecution of this industry,” said actor Brad Armstrong. “Other industries go unchecked with the same risk factors and the same contaminants.”
Performers also warned that adoption of the new regulations would result in production moving to neighboring states like Nevada, where the regulations are less stringent. “If you guys don’t want us here, we can take our business outside of California” said actress Jessy Dubai.
Industry reps also stated that increased regulation would force many production to go underground, where regulations were meaningless. This concern seemed to strike a chord with OSHSB members. “Porn is a billion dollar industry. It’s not going to stop” said actress Savannah Fox.
Industry reps’ biggest concern seemed to be that porn consumers don’t want to see actors with condoms. “Like it or not, there a very real market demand for condomless sex,” said one woman who identified herself as a sex worker.
The hearing was result of a 2009 petition filed by the AIDS Healthcare Foundation, a charitable group which wants greater protections for the industry and its performers. There were several members of the foundation present for the hearing but their numbers were significantly exceeded by members of the porn industry. “I think it’s a sad day for public health. Every major medical and public health organization has stated that condoms should be required on all adult film sets.” said Adam Carl Cohen, a public health consultant with the foundation.
Mr. Cohen said the foundation would continue to fight for increased protections in the industry on several fronts, including a bill on November’s ballot, creating a law called “the California Safer Sex in the Adult Film Industry Act”.