Amended in Assembly April 17, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 adopt begin delete emergency end delete regulations to implement these provisions by begin delete July 1, 2014 end delete begin insert January 1, 2015 end 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:

SECTION 1.  

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

6720.  

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

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

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

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

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

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

(c) An employer shall maintain engineering and work practice
controls sufficient to protect employees from exposure to blood
and any potentially infectious materials begin insert , in accordance with Section
5193 of Title 8 of the California Code of Regulations end insert . Engineering
and work practice controls shall include, but are not limited to, the
following:

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

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

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

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

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

(d) An employer shall maintain an exposure control plan in
accordance with Section 5193 of Title 8 of the California Code of
Regulations. An employer shall not be required to comply with
any provision related to establishing and maintaining a sharps
injury log begin insert , or any provision regarding regulated waste end insert .

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

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

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

(h) (1) An employer shall adopt, implement, maintain, and
update, as required, a written health and safety program begin delete that is
approved by the department and end delete that meets the requirements of
the Injury and Illness Prevention Program and the bloodborne
pathogens standard, described, respectively, in Sections 3203 and
5193 of Title 8 of the California Code of Regulations.

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

(i) By begin delete July 1, 2014 end delete begin insert January 1, 2015 end insert , the Occupational Safety
and Health Standards Board shall adopt begin delete emergency end delete regulations to
implement this section in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

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

begin insert

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

end insert

SEC. 2.  

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