Amended in Assembly April 17, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 332


Introduced by Assembly Member Hall

(Coauthor: Assembly Member Bloom)

February 13, 2013


An act to add Section 6720 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 332, as amended, Hall. Occupational safety and health: adult films.

The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.

This bill would require an employer engaged in the production of an adult film to adopt prescribed practices and procedures to protect employees from exposure to, and infection by, sexually transmitted diseases, including engineering and work practice controls, an exposure control plan, hepatitis B vaccinations, medical monitoring, and information and training on health and safety. The bill would define terms for those purposes. The bill would require the Occupational Safety and Health Standards Board to adoptbegin delete emergencyend delete regulations to implement these provisions bybegin delete July 1, 2014end deletebegin insert January 1, 2015end insert. Because a violation of the act would be a crime under certain circumstances, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6720 is added to the Labor Code, to read:

2

6720.  

(a) The Legislature finds and declares that the protection
3of workers in the adult film industry is the responsibility of multiple
4layers of government, with the department being responsible for
5worker safety and the county being responsible for protecting the
6public health. Therefore, this section shall not be construed to
7prohibit a city, county, or city and county from implementing a
8local ordinance regulating the adult filmbegin delete industry if the local
9ordinance is consistent with this sectionend delete
begin insert industry, provided that
10nothing in the local ordinance contradicts any provision of this
11sectionend insert
.

12(b) For purposes of this section, the following definitions shall
13apply:

14(1) “Adult film” means the production of any film, video,
15multimedia, or other recorded representation of sexual intercourse
16for the sexual stimulation of the viewer that may involve exposure
17to bloodborne pathogens or other potentially infectious materials.

18(2) “Employee” means a person who is anbegin delete employee,
19independent contractor, or unpaid individualend delete
begin insert employee or
20independent contractorend insert
, regardless of whether the person is shown
21in the adult film, who performs a penetrative sexual act or an act
22for the sexual stimulation of the viewer that involves exposure to
23bloodborne pathogens or other potentially infectious materials.

24(3) “Employer” means a company, partnership, corporation, or
25individual engaged in the production of an adult film. There shall
26be a rebuttable presumption that the name on the material for
27commercial distribution is the employer unless there is evidence
28to the contrary as demonstrated through contractual or employment
29records.

P3    1(4) “Sexually transmitted disease” or “STD” means any infection
2commonly spread by sexual conduct, including, but not limited
3to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital
4human papillomavirus infection, and genital herpes.

5(c) An employer shall maintain engineering and work practice
6controls sufficient to protect employees from exposure to blood
7and any potentially infectious materialsbegin insert, in accordance with Section
85193 of Title 8 of the California Code of Regulationsend insert
. Engineering
9and work practice controls shall include, but are not limited to, the
10following:

11(1) Simulation of sex acts using acting, production, and
12postproduction techniques.

13(2) Provision of and required use of condoms and other
14protective barriers whenever acts of vaginal or anal intercourse
15are filmed.

16(3) The provision of condom-safe water-based or silicone-based
17lubricants to facilitate the use of condoms.

18(4) Plastic and other disposable materials to clean up sets.

19(5) Sharps containers for disposal ofbegin insert contaminated sharps,
20including, but not limited to,end insert
any blades, wires, or broken glass.

21(d) An employer shall maintain an exposure control plan in
22accordance with Section 5193 of Title 8 of the California Code of
23Regulations. An employer shall not be required to comply with
24any provision related to establishing and maintaining a sharps
25injury logbegin insert, or any provision regarding regulated wasteend insert.

26(e) An employer shall make available the hepatitis B vaccination
27begin insert and all medical followup required by Section 5193 of Title 8 of
28the California Code of Regulations, end insert
for any employee engaged
29in the production of adult films, at the employer’s expense.

30(f) An employer shall designate a custodian of records for
31purposes of this section. A copy of the original production shall
32be retained by the custodian of records.

33(g) An employer shall pay the costs of required medical
34monitoring such as STD testing and keep confidential employee
35records.

36(h) (1) An employer shall adopt, implement, maintain, and
37update, as required, a written health and safety program begin delete that is
38 approved by the department andend delete
that meets the requirements of
39the Injury and Illness Prevention Program and the bloodborne
P4    1pathogens standard, described, respectively, in Sections 3203 and
25193 of Title 8 of the California Code of Regulations.

3(2) An employer shall providebegin delete department-approved information
4and training on health and safety to employees at the employer’s
5expense. The training program shall be providedend delete
begin insert a training
6programend insert
in accordance with Section 5193 of Title 8 of the
7California Code of Regulations. The training requirements of this
8subdivision may be satisfied by proof that the employee has
9received appropriate training at another workplace or from an
10appropriate third party approved by the department in the prior 12
11months.

12(i) Bybegin delete July 1, 2014end deletebegin insert January 1, 2015end insert, the Occupational Safety
13and Health Standards Board shall adoptbegin delete emergencyend delete regulations to
14implement this section in accordance with the rulemaking
15provisions of the Administrative Procedure Act (Chapter 3.5
16(commencing with Section 11340) of Part 1 of Division 3 of Title
172 of the Government Code).

18(j) This section shall not be construed to require condoms,
19barriers, or other personal protective equipment to be visible in
20the final product of an adult film.

begin insert

21(k) The Legislature finds and declares that screening for STDs
22is a critical public health measure and should be employed
23wherever possible, including the adult film industry. Therefore,
24this section shall not be construed to impede or replace STD
25screening of all employees, as defined in paragraph (2) of
26subdivision (b), pursuant to STD screening protocols established
27by the federal Centers for Disease Control and Prevention, the
28State Department of Public Health, and the public health
29department in the county where the filming occurs.

end insert
30

SEC. 2.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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