Here's the latest on Cal/OSHA (California Occupational Safety and Health Administration) vs. the porn producers regarding the possibility of making condom use in porn films mandatory by law. Below is an edited version of an article that appeared in the July 2, 2010 edition of the "Cal-OSHA Reporter." (Sorry I can't provide a link, but the Cal-OSHA Reporter does not have an internet edition, it is sent e-mail by subscription only. I also appoligize for some bad grammar, but I'm copying it as written.)
LOS ANGELES-Nothing was resolved at what undoubtedly was a landmark Cal/OSHA advisory committee. Pehaps the major achievement was that committee got the many sides of the adult film industry (AFI) talking. "There are not just two sides to this story," one participant tells Cal-OSHA Reporter, "there are about 10 sides."
A five-hour meeting at the Caltrans Building in downtown Los Angeles that featured a fire drill, emotional accounts of abuse by former performers and language that at times would curl a sailor's hair defined the parameters of the debate. But it's clear that much work has to be done before Cal/OSHA can even think about crafting a standard.
The committee was formed based on a petition by the AIDS Healthcare Foundation. The organization seeks changes to the state bloodborne pathogens standard, to require a hierarchy of controls on adult film sets. The centerpiece of the proposal is mandatory use of condoms for performers.
Dr. Robert Kim-Farley, director of communicable disease control and prevention for Los Angeles County Department of Public Health, outlined the many risks AFI performers face without protection, such as HIV, gonorrhea, syphilis, Chlamydia, and herpes. The risk of infection from gonorrhea, for instance, is between 20% and 90% for one sex act, he said. But they are preventable with condom use.
Between 2004 and 2008, AFI performers suffered more than 3200 cases of gonorrhea and Chlamydia, Kim-Farly reported. Three-fourths of the infections were to female performers. In addition, 8 performers contracted HIV in that period. Half of them have been confirmed to have contracted the virus that causes AIDS while in production.
AFI performers are considered "core transmitters," Kim-Farley said. Infections in the industry are high-sexually transmitted diseases run between 15% and 25%-are undocumented and contribute to the spread in the general community.
Kim-Farley said that the notion in the industry that testing ensures that performers are free from STDs and safer than the general population is a myth.
The L.A. DPH recommends a number of steps to keep AFI workers safe, including: mandatory use of condoms for all performers; screening for STDs consistent with incubation periods; medical monitoring consistent with the bloodborne pathogens standard, with costs borne by employers; maintaining confidentiality of test results; requiring full cooperation of test sites and production companies; and ongoing monitoring of performers.
Nina Hartley, a longtime AFI performer who still is active in the industry, argued against mandatory condom use, saying "I don't feel safer" with them, necessarily, because they can fail and often feel abrasive.
Marcy Greer, a former performer, leveled harsh criticisms of the industry, recounting alarming abuse she suffered on production sets.
Committee chair Deborah Gold, senior safety engineer for Cal/OSHA, said the bloodborne pathogens standard already requires AFI sets to use condoms. The purpose of the committee, she said, was to determine what other measures could be adopted that would provide equivalency.
Adult performer Jeremy Shield told Cal/OSHA, "Making things safer does not make things safe. If you're that paranoid, you should not be in the industry." He opposes mandatory condom use and says performers should protect themselves by boosting their immune systems, eating healthy food and avoiding drugs.
Maxine Doogun, a self proclaimed prostitute, noted that Australia, which has decriminalized the world's oldest profession, has protocols in place for condom use. A former adult film performer who now works in Nevada's legal brothels says that industry is a model that works and has been proven effective. Nevada's sex industry requires condoms.
But current performer Angela Aspen stated, "I'm a consenting adult and I know what I'm signing" when she goes for testing. "I f*** for a living. How cool is that?"
Cal/OSHA has suggested that if condoms were mandated, production companies could remove them "post-production," but a representative from the sole condom-only production company said the cost for digitally removing condoms from films is prohibitive and time-consuming. One estimate put the cost at $12,000 per minute of footage.
Attorny Eugene McMenamin commented that Cal/OSHA is merely "shadow boxing" with the adult film industry and has an obligation to force the industry to produce Injury and Illness Prevention Programs.
Cal/OSHA's Acting Chief Counsel Amy Martin noted that workers in their industries are not comfortable with safety regualtions, but comfort is not the determining factor.
Denise Bleak of Beyoned AIDS, which cares for HIV patients, commented, "I don't want to just see warnings in films about hurting animals, I also want to see warnings about not hurting humans."