Amended in Senate August 28, 2013

Amended in Senate August 27, 2013

Amended in Senate July 3, 2013

Amended in Senate June 20, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 640

Introduced by Assembly Member Hall

February 20, 2013

An act to add Section 6720 to the Labor Code, relating to employment begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 640, 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. 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.

This bill would provide that its provisions are severable.

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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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 industry, provided that
nothing in the local ordinance contradicts any provision of this
section.

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

(1) “Adult film” means any commercial film, video, multimedia,
or other recorded representation during the production of which
performers actually engage in sexual intercourse, including oral,
vaginal, or anal penetration.

(2) “Employee” means a person who is an employee or
independent contractor, regardless of whether the person is shown
in the adult film, who, during the production of the adult film,
performs sexual intercourse, including oral, vaginal, or anal
penetration.

(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, in accordance with Section
5193 of Title 8 of the California Code of Regulations. 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 contaminated sharps,
including, but not limited to, 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, or any provision regarding regulated waste.

(e) An employer shall make available the hepatitis B vaccination
and all medical followup required by Section 5193 of Title 8 of
the California Code of Regulations, 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 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 a training program 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) 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.

(j) 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.

SEC. 2.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 3  

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.

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to protect workers in the adult film industry from an
imminent threat to public health as soon as possible, it is necessary
that this act take effect immediately.

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