LOS ANGELES (AP) - Porn performers in California would be
required to use condoms in sex scenes if draft rules from state
workplace safety officials advance out of the proposal phase.
Cal/OSHA officials provided the Associated Press with a 17-page
draft proposal that contained sometimes graphic details of the
bodily fluids, waste matter and other materials that porn actors
must protect themselves against to avoid infection.
The draft is to be discussed at a public meeting in Los Angeles
on June 7 and would later go to the state's Occupational Safety &
Health Standards Board for a ruling on whether it becomes part of
The seven-member body is appointed by the governor and tasked
with rulemaking to ensure safe and healthy workplaces in the state.
The draft says porn producers must provide and require "use of
condoms or other barrier protection to prevent genital and oral
contact with the blood or (any other bodily fluids) of another
The draft specifies that condoms can't be reused, cannot be
expired, or used with multiple partners. Performers wouldn't be
allowed to share razors under the rules. And employers would have
to keep sex toys clean.
The producer would also have to ensure that body areas
contaminated with bodily fluids are cleaned between sexual acts
with the same or different partners under the draft rules.
The draft also makes rules for employers to provide medical
services and follow-up for all employees who have been exposed to
possibly infectious materials. The draft also calls for sex workers
to be provided with vaccines for human papilloma virus and
Employers would have to provide showers to performers and follow
rules on how laundry contaminated with human fluids must be
The proposed change in rules comes in response to a complaint
filed in 2009 by the AIDS Healthcare Foundation, calling on the
state to require condoms in porn.
Since the complaint, Cal/OSHA has been meeting with stakeholders
to discuss implementing a more specific rule.
Cal/OSHA has said they always believed porn performers fall
under the same section of state workplace safety law that requires
nurses to wear protective gear to spare them exposure to
blood-borne and fluid-borne illnesses, but the law has never been
made specific to porn sets.
The AIDS advocacy group has called for the use of condoms in
porn, saying that actors were in unsafe situations and they
glamorized risky sex for audiences.
Vivid Entertainment founder Steven Hirsch has said that such
moves could force filming to leave California, causing a blow to
the multi-billion porn industry that has many operations in the San
Hustler Video head Larry Flynt has said audiences don't want to
see actors using condoms because it interrupts porn viewer
fantasies with a reminder of disease prevention and birth control.