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California Assembly Bill 332 (AB332) Condoms In Porn

There is one particular part that caught my eye:
“An Employer shall pay the cost of required medical monitoring such as std testing and keep confidential employee records.”

Required medical monitoring according to OSHA regulation 5193 means post exposure testing and treatment.

AB 332

Version: Introduced

Author: Assembly Member Hall

CALIFORNIA LEGISLATURE–2013-2014 REGULAR SESSION
Assembly Bill

No. 332

Introduced by Assembly Member Hall
February 13, 2013

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

LEGISLATIVE COUNSEL’S DIGEST
AB 332, as introduced, 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 emergency regulations to implement
these provisions by July 1, 2014. 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

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 if the local ordinance is
consistent with this section.

(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 employee, independent contractor, or
unpaid individual, 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. 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 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.

(e) An employer shall make available the hepatitis B vaccination 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 approved by the department and 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 department-approved information and training on
health and safety to employees at the employer’s expense. The training program
shall be provided 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 July 1, 2014, the Occupational Safety and Health Standards Board shall
adopt emergency 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.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of
Article XIIIB 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 XIIIB of the California Constitution.