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ASSEMBLYMEMBER ISADORE HALL, III
64TH ASSEMBLY DISTRICT
STATE CAPITOL, ROOM 3123 ? SACRAMENTO, CA 95814
WWW.ASSEMBLY.CA.GOV/HALL ~ @ISADOREHALL
AB 640 (Hall) Adult Film Worker Safety
Sponsor: AIDS Healthcare Foundation, Rand Martin, (916) 601-4370
Staff Contact: Brian Duke, (916) 319-2064
The adult film production is a multi-billion dollar industry. California based production of adult films account for the vast majority of this business, employing thousands of Californians and generating millions of dollars in tax revenue.
Workers in agriculture, food service, healthcare, construction and many other industries benefit from stringent work place safety requirements that keep workers’ compensation costs down and ensure a safe environment to earn a living. The adult film industry, given the type of work required, disproportionately exposes actors to a range of health and safety risks. The industry is largely self-regulated and has done an inadequate job of protecting its employees from disease infection.
According to the Los Angeles Department of Public Health (Department), workers in adult films are ten times more likely to be infected with a sexually transmitted disease (STD), such as HIV, than the population at large. Since 2004, the Department has received reports of 2,396 cases of chlamydia, 1,389 cases of gonorrhea, and five syphilis cases among adult film performers. Between 2004 and 2010, 23 actors employed by the adult film industry tested HIV positive with the most recent infection being identified in August of 2013.
The result of this unsafe work environment is a public health crisis that would be preventable if reasonable steps were taken to protect these employees in the workplace.
AB 640 will require condom or other sexual barrier use and frequent STD testing in all adult films produced in California.
This measure, consistent with Los Angeles County’s recent voter approved Measure B (requiring condom use in adult films produced within the county), will provide statewide uniformity needed to ensure that the thousands of actors employed in this multi-billion dollar industry are given reasonable workplace safety protections needed to reduce exposure to HIV and other communicable diseases.
AIDS Healthcare Foundation (Sponsor)
(As amended August 27, 2013)
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AMENDMENTS TO ASSEMBLY BILL NO. 640
AS AMENDED IN SENATE JULY 3, 2013
In the title, in lines 1 and 2, strike out “employee safety, and declaring the urgency
thereof, to take effect immediately” and insert:
On page 2, before line I, insert:
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, provided that nothing in the local ordinance contradicts any
provision of this section.
(b) For purposes of this section, the following definitions shall apply:
( 1) “Adult film” means any commercial film, video, multimedia, or other recorded
representation during the production of which performers aerually engage in sexual
intercourse, including oral, vaginal, or anal penetration.
(2) “Employee” means a person who is an employee or independent contractor,
regardless of whether the person is shown in the adult film, who, during the production
of the adult film, performs sexual intercourse, including oral, vaginal, or anal
(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,
in accordance with Section 5193 ofTitle 8 of the California Code of Regulations.
Engineering and work practice controls shall include, but are not limited to, the
(I) Simulation of sex acts using acting, production, and postproduction
(2) Provision of and required use of condoms and other protective barriers
whenever acts of vaginal or anal intercourse arc filmed.
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(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 contaminated sharps, including, but not
limited to, any blades, wires, or broken glass.
(d) An employer shall maintain an exposure control plan in accordance with
Section 5193 of Title 8 oftbe California Code of Regulations. An employer shall not
be required to comply with any provision related to establishing and maintaining a
sharps injury log, or any provision regarding regulated waste.
(e) An employer shall make available the hepatitis B vaccination and all medical
followup required by Section 5193 of Title 8 of the California Code of Regulations,
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 that meets the requirements of the Injury and Illness
Prevention Program and the bloodbome pathogens standard, described, respectively,
in Sections 3203 and 5193 of Title 8 of the California Code of Regulations.
(2) An employer shall provide a training program in accordance with Section
5193 ofTitle 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) 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.
(j) The Legislature finds and declares that screening for STDs is a critical public
health measure and should be employed wherever possible, including the adult film
industry. Therefore, this section shall not be construed to impede or replace STD
screening of all employees, as defined in paragraph (2) of subdivision (b), pursuant to
STD screening protocols established by the federal Centers for Disease Control and
Prevention, the State Department of Public Health, and the public health department
in the county where the filming occurs.
SEC. 2. The provisions of this act are severable. If any provision of this act or
its application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
SEC. 3 No reimbursement is required by this act pursuant to Section 6 of Article
XIII B 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 XIII B oftbe
On page 2, strike out lines I to 26, inclusive
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