I saw this in the August 28, 2009 edition of the Cal-OSHA Reporter. (NOTE: Cal-OSHA stands for California Occupational Safety and Health Administration. Also, "Title 8" refers to the specific California regulations relating to occupational safety.) I thought it is was interesting.
"The AIDS Healthcare Foundation (AHF) has filed a formal complaint with the Division of Occupational Safety & Health (DOSH) against 16 adult film production companies over 'the industries blacklist on the use of condoms in porn.'
As part of the complaint, AHF has submitted almost 60 adult DVDs filmed in California depicting performers who don't use condoms.
'As a global HIV and STD medical provider operating treatment clinics and prevention facilities here in California, we see it as our duty to pursue action on the issue of safety in the workplace-in these instances, unprotected sex acts located throughout the San Fernando Valley that are churning out billions of dollars of adult fare every day,' said AHF President Michael Weinstein.
The foundation wants DOSH to enforce 'state and local regulatory guidelines' that require condom use in all adult films. There is no such Title 8 requirement.
At a news conference announcing the complaint, AHF featured several former adult film performers, who talked about 'aduse at the hands of the porn industry,' in the words of Shelley Lubben. She said she used drugs and alcohol to get through 'very hardcore' scenes, and condom use was never enforced on sets.
Another performer, Michelle Avanti, said she had to quit performing when she developed so many sexually transmitted diseases and infections that she couldn't work. She also alleges that she was hit during rough sex scenes, even when she asked for it to cease.
The adult film companies listed in the complaint include: Anarchy Films, Backend Productions, Blue Pictures, Critical X, Hustler Video, Heatwave Entertainment, Immoral Productions, Latin Media, Legend, Mayhem, Maverick Entertainment, Raw Flesh, Sin City, Top Dog/Magnum Productions, Vivid Entertainment, and Club Jenna.
Department of Industrial Relations Deputy Director for Communications Dean Fryer said DOSH has received the complaint and is reviewing it but has not decided how to proceed. In past investigations of adult film employees, DOSH has relied on inspectors who volunteer for the investigations because it does not want to force inspectors to investigate what they might consider an objectionable industry."
So, should porn stars wear condoms when performing for the camera? How many of you would volunteer as a Cal-OSHA inspector to ensure that they did?
-- Modified on 9/1/2009 5:46:17 PM
Isn't Shelley Lubben a former adult star who is now is strongly against the industry?....Perhaps she is born again & now holds a big-time grudge against the business....
California recently just dealt with a $26 billion (or so) dollar deficit in their state budget...Alot of good programs that REALLY made an important impact on people's lives will now likely be cut in order to help resolve the crisis....I don't think some agency should (OR NEEDS TO) run around & see if adult performers are using condoms....It would be more useful to have people go count the grains of sand on Venice Beach or estimate the approx. # of gallons of water in the Pacific Ocean than to be involved with condom enforement....The adult industry, IMO, is doing just fine on its own with the steps that are already being taken...
And no, this article does not change my opinion at all on condoms, whether it's industry or hobby related....I've said this once or twice before but people in the adult film business (and hobbyists) are adults & they are able to make the decisions best for themselves what they choose to do...
Everyone has a right to safe and healthful workplace. OSHA is in charge of protecting the safety and health of the American worker. It's not about vendatta against an industry, it's about the law and it's purpose in defending those who are least able to stand up for themselves.
When a worker files a complaint with an OSHA office, OSHA is mandated by law to investigate the allegations. THat is a key word, MANDATED.
..and no the adult industry has not done a good job of policing themselves. How do you think some of the hardcore purveyors get their female talent to perform violent sex acts. I tell you how by drugs, alcohol or lying.
I was referring specifically to Ms. Lubben having a vandetta against the industry, I wasn't saying there is some vast conspiracy out to take down the adult film industry....I think many in the XXX biz think Ms. Lubben has an ax to grind...
I agree with you about everyone having a safe workplace, regardless of your occupation.....But, IMO, I think people like the Rob Black's, Max Hardcore's (I dislike both, & never watched any of their films) are the EXECEPTION & not the rule...If those 2 were the norm, then it would be equivalent to the dogs running the pound, or the inmates in charge of the prison, etc. which means the situation is out of control....The industry would not be as accepted/mainstream as it is today if people like Black & Hardcore (and others like them) were running the show...
of the adult film industry. How do you know the working conditions in these establishments? Besides, there several companies not just a couple that have been cited.
I would say there is an obvious reason as to why Ms. Lubben has filed a complaint. It's her job. I bet many of these adult performers that Ms. Lubben is representing are afraid to speak up because of fear of retaliation. Though, the California labor code protects workers from retaliation many resist filing a complaint due to fear. Thus employer representatives such as unions reps will file complaints on behalf of their members to OSHA, DSLE, EEOC or workers comp et al.
Since my company has union representation I always tell my employees if you have a complaint in regards to wages, safety etc. please talk to me, first. Some companies however, do not take kindly to suggestions.
Cynically however, I believe OSHA's efforts to regulate safety and health in the adult industry will only encourage these film producers to move to foreign countries where laws are non-existent or rarelly enforced.
-- Modified on 9/1/2009 10:12:40 PM
You're right I don't have firsthand "proof" on the working conditions on adult film sets....As far as numerous companies being cited, this is about the condom issue, it's not an issue about unfair wages, physical/verbal abuse, etc..
Look, as I mentioned previously, I don't think the adult industry would be as mainstream as it is today if Max Hardcore were norm instead of people like Steve Hirsh and Larry Flynt...
I just think the adult film industry has come a LONG way since the days of John Holmes hanging out w/thugs on Wonderland Avenue...
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