Quote:
Originally Posted by adendreams
Great points Jim. But I'm still confused by the different stories of PornoDan and Porn Law
Pornlaw - are you saying this statement from PornoDan is false:
"There is a national OSHA law that mandates condom usage."
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No its not false. The law that regulates condoms/barrier protection in California is California Code of Regulations sec 5193
Linky -->
https://www.dir.ca.gov/title8/5193.html
This law is called Blood Borne Pathogens (and yes it has been approved by FedOSHA already). Most states in the US have adopted a similar law. So in essence there is a national condom law. The difference between California and other states is that CalOSHA has determined that it applies to porn production when it is really written for the healthcare industry.
Other states have not yet taken that position. Could they - yes. Will they - I dont think so since no one has yet. But they could and they could do it tomorrow without notice.
However once the NEW regs specific to adult production are submitted and approved by FedOSHA then I think it will make more sense for states to adopt those regs and be able to enforce them.
Right now, even with CalOSHA it is putting a round peg into a square hole by using 5193 as the basis for their enforcement mechanism. When the new regs talk about condoms, testing, vaginal and anal penetration they will make sense. The industry will be "vertically integrated" into the regs.
However no one that I am aware of has challenged California Code of Regs 5193 in the California courts. Every producer that has been fined for not using condoms has simply paid the fine since it would be less to pay the fine then to litigate the Constitutionality of the regs.
But Dan is correct.