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.
begin deletemajority end delete.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6720 is added to the Labor Code, to read:
(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 film industry, provided that
9nothing in the local ordinance contradicts any provision of this
11(b) For purposes of this section, the following definitions shall
film” means any commercial film, video, multimedia,
14or other recorded representation during the production of which
15performers actually engage in sexual intercourse, including oral,
16vaginal, or anal penetration.
17(2) “Employee” means a person who is an employee or
18independent contractor, regardless of whether the person is shown
19in the adult film, who, during the production of the adult film,
20performs sexual intercourse, including oral, vaginal, or anal
22(3) “Employer” means a company, partnership, corporation, or
23individual engaged in the production of an adult film. There shall
24be a rebuttable presumption that the name on the material for
25commercial distribution is the employer unless there is evidence
P3 1to the contrary as demonstrated through contractual or employment
3(4) “Sexually transmitted disease” or “STD” means any infection
4commonly spread by sexual conduct, including, but not limited
5to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital
6human papillomavirus infection, and genital herpes.
7(c) An employer shall maintain engineering and work practice
8controls sufficient to protect employees from exposure to blood
9and any potentially infectious materials, in accordance with Section
105193 of Title 8 of the California Code of Regulations. Engineering
11and work practice controls shall include, but are not limited to, the
13(1) Simulation of sex acts using acting, production, and
15(2) Provision of and required use of condoms and other
16protective barriers whenever acts of vaginal or anal intercourse
18(3) The provision of condom-safe water-based or silicone-based
19lubricants to facilitate the use of condoms.
20(4) Plastic and other disposable materials to clean up sets.
21(5) Sharps containers for disposal of contaminated sharps,
22including, but not limited to, any blades, wires, or broken glass.
23(d) An employer shall maintain an exposure control plan in
24accordance with Section 5193 of Title 8 of the California Code of
25Regulations. An employer shall not be required to comply with
26any provision related to establishing and maintaining a sharps
27injury log, or any provision regarding regulated waste.
28(e) An employer shall make available the hepatitis B vaccination
29and all medical followup required by Section 5193 of Title 8 of
30the California Code of Regulations, for any employee engaged in
31the production of adult films, at the employer’s expense.
32(f) An employer shall designate a custodian of records for
33purposes of this section. A copy of the original production shall
34be retained by the custodian of records.
35(g) An employer shall pay the costs of required medical
36monitoring, such as STD testing, and keep confidential employee
38(h) (1) An employer
shall adopt, implement, maintain, and
39update, as required, a written health and safety program that meets
40the requirements of the Injury and Illness Prevention Program and
P4 1the bloodborne pathogens standard, described, respectively, in
2Sections 3203 and 5193 of Title 8 of the California Code of
4(2) An employer shall provide a training program in accordance
5with Section 5193 of Title 8 of the California Code of Regulations.
6The training requirements of this subdivision may be satisfied by
7proof that the employee has received appropriate training at another
8workplace or from an appropriate third party approved by the
9department in the prior 12 months.
10(i) This section shall not be construed to require condoms,
11barriers, or other personal protective equipment to be visible in
12the final product of an adult film.
13(j) The Legislature finds and declares that screening for STDs
14is a critical public health measure and should be employed
15wherever possible, including the adult film industry. Therefore,
16this section shall not be construed to impede or replace STD
17screening of all employees, as defined in paragraph (2) of
18subdivision (b), pursuant to STD screening protocols established
19by the federal Centers for Disease Control and Prevention, the
20State Department of Public Health, and the public health
21department in the county where the filming occurs.
The provisions of this act are severable. If any
23provision of this act or its application is held invalid, that invalidity
24shall not affect other provisions or applications that can be given
25effect without the invalid provision or application.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California