A reader sent me the OSHA report today and theres an awful lot more coming for Mr Acworth and Kink.
It appears that The fine last week is just the first of four.
When you search for Cybernet/Kink inspections on the OSHA website, it pulls up three additional pending complaints – one filed 9/21/13 and two filed 10/21/13 – all with different inspection numbers. It’s possible that the latest fine may actually be the first of four to come. Here’s the link to the other OSHA complaints:
https://www.osha.gov/pls/imis/establishment.inspection_detail?id=316447507&id=316447499&id=316447150
I’m told a lot of companies are running scared right now.
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http://t.co/P4Htv9uEDz OSHA Troubles FAR From Over http://t.co/Kbgwmqxu5a
Will look into specifics…the September complaint spells it out with the added field..EMPHASIS: S: Targeted Compl & Consult
The S is an internal OSHA code for compliance officers to look for any and all violations by a willful violator. With penalties up to 70k for each willful violation any company earning this S designation is a nightmare. Complaints move to the top of the list and trying to sidestep the offered consult services by OSHA to mitigate fines becomes nearly impossible.
Part of OSHA is free consult services where they don’t fine for violations found in the consult process to develop adequate appropriate safety protocols for business. Utilizing the consult part of targeted compliance is how even a workplace death can result in low or no fines…because the risk is not an ongoing concern.
Now that there is a ten year history of OSHA trying to work with the industry with five years of direct industry involvement via advisory committees Kinks options for fine mitigation are minimal. OSHA offering consult services is a double edged sword…kink could avoid fines for violations found in the process IG the remodeling extension cords would easily go away with correction…barrier protection violations during the consult will get a free pass but guarantee escalating willful violation penalties. With a 50k penalty already imposed they can expect to get the 70k max for subsequent violations after the consult period…if they refuse the consult services…essentially automatic max penalties. This is OSHA saying…times up folks
@MikeSouth1226 AHF filed four complaints, which were rolled into one — the citations that came in Friday. Next time, just call or email me.
Cal OSHA has six regions or divisions…these inspections were sent to the sixth which is Targeted Inspections and assigned to the Hh Unit…High Hazard. Not counting the complaints listed in the 78k penalty inspection there five pending complaints.
At this point of the game it doesn’t matter where complaints originated…OSHA is tasked with confirming the presence or absence of the hazardous condition at the workplace. Who made the complaint in no way changes or affects the inspection, compliance or enforcement of applicable regulations.
LurkingReader – this is just great insight. You’ve obviously had experience with OSHA. Am I reading too much into this, or is this sort of like Rob Black daring the Justice Department to come after him, pushing the envelope even more, and then daring them again ….. only to end up in prison?
Based on your description, this feels as if for whatever reason, Kink.com is now in OSHA’s sights. You have multiple investigations underway and Peter Ackworth pulling a Rob Black and saying, this is the way I do business and you can’t tell me to do otherwise. Which means, the hits are likely to just keep coming?
Perhaps, Ackworth is a submissive rather than a dominant? Perhaps he gets off getting beat on and humiliated by OSHA? It could even be a whole new porn niche.
It’s a theory.
here’s another little OSHA twist. Some porn companies have been fined for not having an IIPP, that is, and Injury,Illness,Protection Plan, a written document that describes your particular workpalce hazards, and how they are adressed. Here is the twist. You get fined for not having one, or having one that is not adequate. But you get an even bigger fine if you do have an IIPP plan but you dont follow your plan.
Karen tynan has worked with several porn companies to write their IIPplans, and I will bet you dollars to donuts not a single one of them holds up under close scrutiny, and more dollars to donuts that the companies dont follow them. Any IIPP that does not iclude barrier protection is inadequate.
@jilted
The safety manual Tynan helped Duke write specifically to comply the IIPP required by OSHA is a joke…read that manual and laugh your ass off from the underscored fill in the blank provided to enter company name to the last page that has “Trojan” brand condoms indicated for a specialy classed performer with employee status.
OSHA plays with companies who present five inch binder IIPP manuals with accompanying three inch binders for pre-employment – recurring implementation procedures. Then to sweeten the pot they call over the guy who is in charge of compliance.
@BT
Thanks for kudos, counts coming from someone who informs themselves.
With OSHA this is more about having played the unique card too long. From 92 till 2004 the industry essentially had a free ride with no enforcement of the BBP. Enforcement priority escalated with each BBP (HIV) incident until a mini crisis hit in 2008. To head off pending headaches the FSC created a safety manual they started distributing to production companies about eight months before Duke presents a 45 page copy and paste proposal for industry appropriate guideline development. After four years of playing back and forth Duke got told pound sand with the epidemiologist FSC paid to dispute medical evidence…this is after the FSC tried to get OSHA to pay for an epidemiologist in the process.
That’s the kind of shit that doesn’t play out well when inspectors start talking about the pretty 15 page manual existing on sets for compliance. The obstructionist gaming moves up exponentially on both sides. You have OSHA saying..okay we get it…these rules weren’t designed with your industry in mind so we’ll work with you to develop a workable compromise. Then you have FSC pushing the unique card obstructing and obscuring the end goal of cooperation while OSHA goes through the motions until they have exhausted the process and present a proposed policy. This policy hasn’t been presented for public input…instead comes targeted enforcement by the most experienced inspectors ready to offer their experience and input to the OSHA policy process that is no longer interested in bogging itself down with industry obstruction in the absence of cooperation. They step up enforcement of the old policies and let the legal challenges happen to tighten up the proposed policy before the adoption process.
It isn’t rocket science…this process has played out with lots of other industries. Mining has its own division…nursing homes have been dealing with targeted enforcement where no complaint is necessary to prompt an inspection for years. With any government agency…look at their policies to see the policies created specifically for those who tried to find a way around them. The best part is that nearly every agency including OSHA has exemption processes in place, so the policies that lead to targeted enforcement are for those that know an exemption isn’t an option.
These viiolations are not accidents. You are in a completely different ballpark when the violations are intentional, as on just about every porn set. And once you’ve been tagged, those willfull violations, if they continue, will get you criminal charges.
The wheels of justice turn very slowly, but I do love it when a plan comes together.
I never realized just how similar OSHA is to the IRS. No wonder researching OSHA issues seems so familiar to me. Except, if you “purposely” disregard tax laws and regulations they will just throw your ass in jail after bankrupting you… you know, that whole thing about tax fraud and tax evasion…
OSHA seems a lot nicer, to be honest…
I would also like to specifically point out that these fines are coming as a direct result of “word of mouth,” medical reports and video footage of the actual scene. There was NO Cal-OSHA inspector just sitting on the sidelines eating popcorn and watching the action to “enforce” the policies. So, the “they don’t have enough inspectors to enforce regulation” bullshit is just that: bullshit.
OSHA like IRS is a governmental agency with similar processes. They are much nicer with opportunities to amend or correct violations before penalties start adding up…like a defective equipment ticket for a broken taillight…fix the taillight within the week or 30 days and they void the ticket…let it go and you have a fine in addition to still having to fix taillight.
Restaurants deal with word of mouth citations all the time…during inspection if they don’t see systems in place to avoid that violation they can and do assume the validity of the complaint by citing the practices witnessed. IG employees didn’t wash hands at a separate sink gets validated when a prep cook defrosts something in the hand sink making it unavailable plus gets cited for improper food handling. They word the violation with respect to what the inspector witnessed.
Why is everyone cheering this witch hunt on?
Look, it’s funny too me that people honestly believe Cameron Bay got HIV on a Kink Set. Bullshit. She got HIV because she had bareback sex with a gay pornstar who had bareback sex with other guys. OK. It’s that simple.
San Francisco is an extremely liberal town. How do I know? I live here. I highly doubt that Kink.com is going to abide by the condom ruling. They will pay these fines and the city of San Francisco will protect them from any sort of federal shit, because that’s just how it goes here. Sure, they could spend millions of dollars and come in with their Swat teams and break up a porn shoot in haz mat suits because what they are doing is technically “illegal.”
People who think condoms are going to be used on a porn set at Kink.com, well as another famous Porn Blogger says, “I’ve got a bridge in brooklyn to sell you as well.” It will never happen. Kink.com has so much money. The building they work in alone is probably worth 40-50 million, maybe more.
I am on Kink.com’s side on this one. The models are explained the rules and regulations before every scene. I personally enjoy the rough stuff and I feel kink delivers that better than most people other than maybe Jim Powers.
So in short, I hope Kink.com sticks it to everyone and continues shooting without condoms and I also hope the city of San Francisco stands behind a very important tax payer.
mdxx,,,,Didnt Ackworth talk about the performers who always use condoms on kink set.
And you really dont get it when it comes to Cameron Bay do you. I agree, she didnt get HIV on the Kink set,,,,She already had it, and Xander Corvus is the luckiest peice of shit on earth that he didnt get infected.
OSHA doesnt fine a company for people who get infected, you get fined for people being exposed in the workplace.
MDXX, wouldnt you agree that Xander got pretty fucking lucky, sticking his bleeding penis into the mouth of an HIV infected person?
The models are explained the rules and regulations, really. Whose rules and regulations, Kinks rules, or the laws of the state of california. Do the Kink rules include putting a bleeding peinis in your mouth, do the kind rules include taking a vote on whether to complete a scene with a bleeding peinis?
And the liberal folks in san fran are very PRO WORKER and hey dont like big bad companies that expoit their workers.
PS.,,,Mdxx, exactly what planet to you live on?
@mdxxx
Offering the observation that OSHA has stepped up its compliance efforts is not cheering them on…merely an observation. Pointing out their way of doing business via standard processes merely states the obvious. I could have pointed out that seeing OSHA had extended beyond the standard 36 month timeframe in accepting industry input was one of the initial indicators for me that this OPIM policy was going to be an industry nightmare. The more I learned about it the more it became clear that California is creating a policy that can be adopted and applicable by federal DOSH.
Anyone who has worked with OSHA knows the last thing they want is an advesarial situation. From policy development that must include industry input to required SBA input and public comment input that must be assembled and included where relevant …this is a five year deal that has more than halfway run it’s course. The fact that they are developing industry specific policy is a direct result of concerted efforts to avoid compliance by the industry.
As to your personal tastes…or the partial compliance of explaining but not enforcing the rules and regulations…how does this negate BBP or injury prevention regulations?
San Francisco can do lots with zoning and other locally influenced issues to help local tax payers and job creators…not so much a branch of the governors cabinet. They can’t advocate away the complaints that get logged in just like any other industry complaint, numbered and assigned inspection status by virtue of the severity. I’d venture to say that if that were the case then you would see Anaheim deflecting the fines assessed to Disneyland, NBC and others.
“The city of san francisco will protect them from any federal shit”
MDXX you should be writer for comedy central.
Lol jilted…once again I admire your ability to succinctly state what I’m thinking!
Who’s cheering?
Kink can shoot as much condom-free porn as it wants to, but those fines are just going to rise with every scene released… I guess it becomes a case of “how much money are you willing to lose?”
The last time I checked, porn was produced to make a profit. If you produce a porn without condoms then how exactly are you going to release or even market it without OSHA hitting you with fines? You’re basically videotaping the crime for them…
Also, on what grounds is Kink even going to appeal? Just saying “but, they’re picking on us” isn’t really going to get you anywhere… or, “but, the employees weren’t the party who filed the complaint. It was those AHF assholes who are picking on us because they don’t like people spreading HIV all over the place…” Umm, yeah. I don’t think those are going to work out too well, but go for it… at least it will be entertaining…
RT @MikeSouth1226: http://t.co/P4Htv9uEDz OSHA Troubles FAR From Over http://t.co/Kbgwmqxu5a
First, you don’t have to have an actual injury to warrant an OSHA fine. Its the violation of workplace safety standards. Second, as Ackworth himself has stated … not people cheering on OSHA …. things happened on the Cameron Bay shoot that should not have happened. The bleeding penis is an OSHA violation – regardless of whether it resulted in infection or not. Whacking Cameron Bay to the point that she had to go to the emergency room because of damage to her breasts is probably an OSHA violation – I don’t know if that is one of the violations cited.
I’m not sure about how the good liberals of San Francisco can protect any company from federal inspections of fines for willful violations of OSHA requirements. That’s a little like saying: Kink believes that sadomasochism shouldn’t be taxable, so it refuses to pay federal or state income taxes. No, the California Department of Revenue is investigating and is going to tax them. The good people of San Francisco aren’t going to stand for that. They agree with Peter Ackworth that BDSM is so special, that tax regulators don’t understand it and therefore it shouldn’t be taxed. They’ll protect Ackworth.
Makes no sense.
Clarity….CAL-OSHA is a state administered Federal program. States choose if they want to develop and administer this program with rules that must meet or go beyond the Corresponding Federal regulations they are administering. The incentives for states is that the Federal budget pays for half of the program budget and the income goes into the state general fund.
An interesting tidbit…California and Nevada are in the same region …which must annually identify shared focus goals for improvement in addition to each region doing the same.
@BT
Isn’t it great…we don’t want the regulatory services of US so we aren’t going to pay for them….we still want the constitutional benefits…for free. Like they are kids living off moms teat 🙂
Regulation must just be for vehicle manufacturing, construction, food safety etc that makes the US their choice of domicile. I so enjoy the arrogance of THEY should be regulated but not me…nor am I willing to pay for the regulation that I personally benefit from…anyone who doubts this need only look to the remodel of the armory for proof. Kink expects that the work done by electricians, plumbers etc will be quality work vs cause more damage. If the plumber causes a flood you can bet they are gonna be suing that plumber for not meeting regulatory standards of the trade…or a fire caused by shoddy wiring…they aren’t going to be saying sure raise my premiums for casualty coverage…they are going to be suing the electrician.
Who filed the complaint? Cameron did a press conference with AHF. It is entirely possible that Cameron filed this complaint. Employees file anonymous complaints all the time. But it really doesnt matter.
Just like porn industry lawyer Karen Tynan’s response to the TIM ruling. “we are appealing because the decsision was not supported by the facts.” Basicly just saying, no youre wrong, which is not going to get very far, except to have a higher court set another precedent. Thank you porn indistry lawyer Karen Tynan.
Lol …doesn’t support the facts? Like jilted asked re the rules and regs kink explains…who’s facts?
Oh come on… it’s not that difficult to understand…
You start a production company. Throw out any federal or state regulations. Create your own rules and regulations (to benefit your company, not talent) and then read your rules to performers and you’re good to go….
Condoms.. your choice.
Drugs… your choice.
Alcohol.. your choice.
Weapons.. your choice.
Fighting.. your choice.
Playing with fire.. your choice.
Shitting on the floor.. your choice.
Blowing shit up.. your choice.
Who the fuck needs rules and regulations? Freedom of expression!!!!!
You want to make a movie and shoot people to death? If they want to die… freedom of expression!!!!
I’m so sick of this shit.
Oh yeah, and taxes… who wants to pay those?
Your choice. I love freedom of expression!
No rules!!!! Yay!
Do you realize how fast and easy mainstream stunts are going to go??
Handling explosives.. no more regulations.
Guns and weapons… all real.
Fire.. no regulations.
Swords – all real.
Fighting – Just beat the shit out of each other. It makes the scene look more real.
Green screens – Fuck that. Take those 15 people and let them hang from the side of mountain.. look no hands!!!
Medics – Fuck that too. Costs too much money.
Stunt teams – They’re pretty expensive with all that experience and shit… fuck that. We’ll just hire some people off the street, give them guns and let them shoot each other… FUN!!!
Meal breaks? No one needs to fucking eat… too expensive.
Fake blood, gunshots, brain matter, organs, loss of limbs.. All real!!!!
Special effects? No need. Just do it in real life. It would restrict freedom of expression.
Ok, seriously. This is fucking awesome!!!! Freedom of expression is such a wonderful tool to use in defense of protecting others… NO RULES!!!! Yay!!!!
Yeah, I’m really sick of this shit.
Here is why the industry has their collective panties all in a bundle. For decades they have gotten away with virtually ignoring every health and safety rule on the books. Producers, as a whole, have saved literally millions of dollars on testing, treatment, etc, for years. But now they are beginning to be held accountable.
Alot of these guys(prodeucers) have never paid for these things, and have gotten away with it, so basicly the industry is saying “Why now, we never had to pay it in the past?” And they are right, they were never held accountable for so many years, so why now. Its not like they were hiding what they are doing, or not doing.
Whenever you take away somebody’s free ride they are going to get upset. But thats life folks, things change.
Just like so many people now are so accustom to getting their porn for free. Why should I pay for it when I can get it for free? Producers want to still get their free ride,but they are all against the consumer free ride provided by the tube sites. What goes around comes around boys, live with it.