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Porn film companies fined as actors perform unprotected sex acts, California
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The Cal/OSHA program in the Division of Occupational Safety and

Health at the California Department of Industrial Relations on Wednesday fined two Los Angeles-area adult film companies $30,560 each for allegedly allowing actors to perform unprotected sex, the Los Angeles Times reports.

Cal/OSHA filed citations against Evasive Angles and TTB Productions, both located in Van Nuys, Calif., and owned by Phillip Rivera. The fines mark the first time the agency has taken regulatory action against the adult film industry. The citations come six months after an "HIV outbreak" in the pornographic film industry, according to the Times (Liu/Malnic, Los Angeles Times, 9/17).

Five adult film actors tested HIV-positive in April and May, and four of the cases were found to be linked. Following the detection of the first two cases, more than 50 performers who were thought to have had unprotected sex with one of the HIV-positive actors or one of their onscreen partners agreed to a voluntary work quarantine.

About 12 companies then agreed to a production moratorium until HIV testing of the actors was completed, according to industry experts. Following the outbreak, several state legislators have suggested implementing measures that would require adult film companies to take certain steps to avoid HIV transmission among actors (Kaiser Daily HIV/AIDS Report, 8/20).

Citation Details

Cal/OSHA issued the citations after a months-long investigation initiated after an unnamed pornography industry worker filed a complaint with the department, the Times reports.

The investigation allegedly revealed that the two companies violated the state's bloodborne pathogen standard, which requires employers to protect employees who might be exposed to blood or other bodily fluids while on the job.

"What this means is that any employer whose workers are exposed to any potentially infectious material, such as semen or vaginal fluids, must follow state regulations covering workplaces," Cal/OSHA spokesperson Susan Gard said, adding, "Any bodily fluid is considered infectious. That means barrier equipment must be used."

The citations also say that the companies violated state law by failing to notify authorities of actors who contracted HIV through work-related activities. In addition, the citations allege that the companies' producers did not provide a written injury prevention program and failed to report a workplace accident to Cal/OSHA within eight hours of the incident, as is required by law.

However, because the state agency has regulatory authority over employees but not contractors, Cal/OSHA may not be able to regulate all adult film actors because many of them are paid by the scene and change employers daily, according to Jeffrey Douglas, an adult film industry lawyer and chair of the Free Speech Coalition, an industry trade group.

Cal/OSHA Investigation