State regulators cited a Bay Area-based adult film company over workplace safety violations, assessing fines of more than $78,000.
Cal-OSHA opened an investigation into San Francisco-based Kink Studios, which runs a network of sites, in August, in response to a complaint filed by the AIDS Healthcare Foundation.
The foundation’s complaint related to a July 31 shoot involving actress Cameron Bay, who tested positive for HIV shortly thereafter, bringing filming in the adult industry briefly to a halt. The complaint said the production involved acts “considered high-risk for the transmission of HIV.”
Bay later said publicly that during the shoot, an actor got a cut on his penis but continued performing without a condom.
The other performers involved in the shoot subsequently tested negative for HIV, and the adult industry has maintained that Bay — and her then-boyfriend, adult film performer Rod Daily, who tested positive for HIV soon after Bay did — contracted the virus in their personal lives.
The OSHA citations issued Thursday named a range of violations, including improper use of extension cords, and failure to have on-site first aid materials approved by a physician. But the bulk of the fines — $50,000 — related to allegations that the company failed to protect workers from blood-borne pathogens.
Kink.com officials said they would appeal the fines, which they called “excessive” and “politically motivated.” The company said its performers are all told they have the right to use condoms on the set.
“The complaints which prompted the inspection were not made by actual employees, but by outside groups with a long history of opposition to adult film,” Kink owner Peter Acworth said in a statement.
Los Angeles County voters in 2012 passed an AIDS Healthcare Foundation-backed measure requiring condom use on all adult film shoots in the county, although the mandate is still tied up in court and is not being actively enforced.
Advocates for a condom mandate say porn workers should be protected like those in any other high-risk industry. But adult industry groups say their current STD-testing protocols work and that a condom mandate would drive production underground or out of the state.
I dunno about yall but it sounds like its being enforced to me, this is two big companies fined in a week.
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Here It Comes, Kink Fined 78K By OSHA For Cameron Bay Shoot http://t.co/wfXgeyAWOb
If this does not force companies out of state or underground then nothing will.
You always have to love entities that refuse to follow rules, stick their middle finger up at any authority and then start whining when they get hit with penalties… and start playing the victim game of “this is excessive and politically motivated.” Or, “they’re picking on us.”
Am I supposed to feel sorry for them? Just pay the $78,000 and continue with business as usual… what’s the big deal? It’s not like this is some big surprise… there will be many more to come… I’m sure.
Are they still going to be condom optional after this? Who knows, but I doubt it?
Not a chance Lacey. Ackworth is bringing up the latex hurts and causes abrasions and tears bullshit again. Funny this isn’t an issue with kinks gay sites. Yes this argument from a company that beats the shit out of talent, whips them until they bleed, shows them getting fisted, burned with candle wax, electrocuted, probed with inanimate objects, gang banged and hit by strangers, pissed on, etc…
Can anyone inform me on where the money for these fines go? Just to OSHA? Also, is there somewhere where the fine amounts are listed or is that an arbitrary case by case situation? I still don’t totally understand how you continue shooting a scene you are uncomfortable with only to complain about the situation later. Stop the scene, it’s your health.
“this is excessive and politically motivated.”. Everything you said could be true and this statement could still be true as well. Took OSHA multiple deaths to try to make Seaworld trainers be out of the water. STD’s they are all over that. Even if they can’t prove it happened on set. Just the idea that it could is 50,000.
You continue shooting a scene because you want to get paid. How does everyone leave out the fact that MONEY is involved? People do shit everyday that they might not want to do to earn a few bucks… porn is NO different. Just because the act of sex is seen as more “intimate” as say, a mechanic fixing cars doesn’t mean porn is some fantasy land full of unstoppable orgasms and making out…. porn stars do shit they don’t want to do just as much as someone in any other profession and for the same exact reason: MONEY.
It’s one of the main issues I have with “consent” in regards to producing porn. I seriously doubt Cameron and Xander were really happy about continuing the scene while someone is cut and bleeding, but they “consented” for the money. They “consented” and Kink now owes a shitload of money.
The porn industry seems to think “consent” trumps everything and as long as 2 people consent to do something then there should be no problems…
Obviously, OSHA doesn’t agree with their skewed view of “consent” in the work place to the tune of $78,000.
If money means more to you than health, then you will run into to some problems. That is a clear choice of your priorities. When she holds her press conference she should say, “I choose to continue for the money”. Just to be clear I can’t find anyway to look at it in which Cameron was being endangered. If she is the only one coming up HIV+, it stands to reason that by continuing the scene she was potentially putting people in danger. Not the other way around.
Maybe someone can explain this to me. Kink shoots a scene 6 months ago. OSHA has now fined them for violating a regulation that has only just started being applicable to them this month. Does this mean mean that OSHA can now fine every condom less scene in the past?
Let me add.
Or am I misunderstanding the date when OSHA classified porn workers as employees?
So, you’re saying people do porn for the hell of it and the money doesn’t matter? Yeah right. They take a risk with their health every time they shoot a scene… from what you’ve said that means they prioritize money over health… and, yes, it all comes down to personal priorities.
Why would Cameron have to hold a press conference to say “I choose to continue for the money.” Duh. Why else would she have continued? It’s just common sense that most people probably wouldn’t really like sucking on a bloody cock so the money had to have been pretty good for her to continue or she was really desperate??
Cameron was absolutely endangered… you have to remember that at the time of the actual scene they both provided negative test results so neither of them knew anyone was infected. What if Xander had HIV and Cameron still sucked his bloody cock and became infected?.
Plus, how would she know she was infected? Her next testing date was like 25 days later… she could have infected countless people from the time of contraction to her next testing date and she would have NO IDEA that she was even infected.
Let’s be honest here, all performers have the chance to be endangered every time they shoot a scene…
Lol…the complaints weren’t made by employees so this somehow negates the validity of OSHA violations?
The motivation of the complainant didn’t create mysterious violations or increase the well known publicized fines associated with those violations. Between 2004 and 2013 porn got used to arguing for reduced fines…at some point OSHA is gonna say …pound sand…it was your choice.
This may be that time…regardless of who initiated the complaint OSHA has the images of the bruised boob along with publicized comments from more than one performer who substantiated the choice to continue filming despite visible blood. They didn’t use a condom for the next scenes nor did they cover the boo boo with a bandaid. Actworth saying they had choice to use condom is laughable…it won’t endear him to OSHA to say employees choose to disregard OSHA rules.
Trying to recall particulars …wasn’t there some question or issue with Cameron going to ER to have boob looked at? Not sure if she delayed ..or kink was up front about their to cover ER visit without looking back thru the actual events.
“disregard OSHA rules”. Isn’t this how it has always been? What changed?
The point of this thread…OSHA has stepped up enforcement of the regulations porn got used to ignoring. Read some adult film industry stuff at OSHA for perspective. What’s changed is that the way it’s always been isn’t the way it now is.
Erik – get real. In this scene, Xander repeatedly shoved a bleeding penis in her mouth. This is not a politically-motivated statement. Xander has said he cut his dick, he was bleeding, and they kept at the scene. She was potentially exposed to more than HIV. Moreover, she was injured on that set seriously enough that she had to go to the emergency room for treatment after – have you seen the photos of her breasts? That’s not politically-motivated. Peter Ackworth has publicly stated that things happened on that set that should not have happened and that it caused him to rethink his onset practices. I’m going to assume that Ackworth was not politically-motivated when he criticized his own set.
Here’s the reverse situation. You’re in the dentists office. He’s probing your teeth with that metal probe and accidentally slices through his latex glove, pierces the skin on a finger and starts to bleed through the glove into your mouth. He says to you: Hey, I need to get a new pair of gloves because I’ve cut myself. But don’t worry, I was tested two weeks ago for HIV. You’ve got nothing to worry about. You say: Look, doc, I’m late for work already. It’s just a little blood. Let’s continue. I’ll spit, not swallow.
It will not matter that it was consensual. It will not matter that he’s so disease free, he’s never even had a common cold. Every regulatory body in the state is going to fine that dentist, if not outright yank his license.
If Kink is smart, its going to learn from Treasure Island’s mistake, pay the fine, and lay low. Some guy who keeps guns and coke in his office and whose business plan is to legally beat the snot out of, humiliate, and piss on his employees is just asking for trouble from an OSHA standpoint. Remember that even boxers and MMA fighters have to wear protective gear and have doctors and ambulances on site and the goal in those businesses is to knock someone out. When you are clearly running a business that is on the edge, even in porn, and you challenge the authorities, you risk the authorities taking a closer look at what you do and deciding they don’t like the way you do it.
Just ask Rob Black.
Actually, Kink pays pro-rated fees if someone wants to stop the scene, just to avoid the issue of commerce and consent. So if you shoot 50% a scene and want to stop, you get 50% of the fee.
The industry is all going off shore.
@Led,,,performers have ALWAYS been employees. You are always considered an employee first, it is the dutry of the employer to prove you are an independent contractor. This issue was settled years ago, despite industry protestations to the contrary.
I for one cant wait for this appeal, which will end as badly for King as it did for TIM. And the public statements by Ackworth himself regarding this particular shoot, and the public statements made by others, including Xander Corvus will be used against them.
Ackworth has publicly stated that bad things happened on that set. Xander Corvus and others have made public statements that a number of people on the set that day made a communal deciscion to continue after the accident left him with a bleeding penis. OSHA will present this at the appeal hearing, that a nunber of employees were aware of what happened and decided to continue anyway. The fact that this accident was not reported to OSHA, as is the law, will also sink this worthless appeal.
ALl the employees voted to put a bleeding penis into another persons mouth. It was intentional,not an accident. Desppite Ackworhts statements I for one doubt that they actually will appeal, but I hope they do. It will only confirm and set another precedent for the future.
The next legal strategy for porn opponents is going to be an interesting one. Porn is legal because of the Freeman decision. Porn is not prostitution because one of the participants is not paying the other for sexual gratification. A third party is paying both of them for a performance, a performance that includes sexual acts. But as such, their are workplace rules that do not apply to private sex acts. But if the performance violates those rules it is not in compliance with the Freeman decision as a legal performance, and it will be argued that it is indeed prostitution. Its a far fetched theory, but they(AHF) dont care if they win, they care about draining the coffers of the FSC and the big boys, like Kink.
regardng the Kink appeal. I wonder what grounds they will appeal on. For gods sake, it is public knowledge that they put a bleeding penis into a persons mouth, exactly what are they saying OSHA got wrong here?
@LedMess
The regulations OSHA is fined them 50k for relate to 1992 BloodBorne Pathogens implemented to address stuff like HIV, HepC and others…the TIM ruling upheld the barrier (condom) requirement of the employer to prevent occupational exposure in the workplace.
In 2008 there was a workmans comp case decided in CA Supreme Court…along the way they determined that paying performers as Independent Contractors didn’t exempt them from employee status.
OSHA visited the Kink set for an inspection months ago, but has just now released the penalties.
@jilted
The Freeman decision predates the 1992 federal BBP regulations so I agree that using it to argue for barrier free creative expression in the workplace would be interesting.
I’m curious to see what magic trick argument the lawyers pull out of their bag for this one.
But, they “consented. ” Don’t you realize yet that “consent” means everything?
I’m pretty sure getting electrocuted hurts, but there seems to be people who are willing to get electrocuted for a few bucks… they consented, what’s the problem? Pissed on, beat the shit out of, tearing assholes open and then sticking 2 dicks up there to keep the blood from coming out… consent, consent, consent (with money involved which changes the core meaning of consent, of course.) There is nothing that pisses me off more than seeing behind-the-scenes footage of a performer stopping the scene due to extreme pain and then trying to be bribed with more money to finish the scene… fucking assholes.
@Lacey
The old standby of consent by Actworth is truly amusing…he is one of the stakeholders performers are relying on to ensure their interests…using the argument of “individual rights/freedoms” to exempt himself from “workplace” safety implementation. Like these individuals would show up and “consent” to subject themselves to these same activities without the paycheck 🙂
Jilted has it right. The appeal can only end badly. Kink would be better served to pay the fine, hope that nothing else bad happens on one of its sets, and keep out of OSHA’s sites. An appeal only invites closer scrutiny of what goes on there. I don’t closer scrutiny is what they want.
Jay Mckenney liked this on Facebook.
You know what the funniest part of this whole fucking debate is? I GET BDSM. I understand the core beliefs, the psychological reasoning behind most of it..There are many people who freely choose to practice BDSM in their personal lives and I’m not here to judge them. It has alot to do with the pleasure/pain principles and dominant/submissive aspects and I could very well make a case in favor of BDSM.
But, I get worried when money enters the picture or pressure to continue the scene is present. BDSM is dangerous. No one would disagree with that… But, the difference between true consent and consent where money is involved are 2 totally different levels of consent.
Watch a few scenes where the girl is trying her hardest to not cry while the guy is fucking her and actually watching her do this without stopping and THAT’S where my problem begins…
And, the guy is perfectly ok with this because “well, she didn’t stop me…”
Most sex partners in real life would immediately stop if their partner was just slightly uncomfortable, but many performers in porn will go as long as possible while enduring as much pain as humanly possible and it’s ok because “they consented.” There’s just something about that which makes me so unbelievably uncomfortable. If money wasn’t involved I could just write it off as “true consent.” But, putting money on the table means people will do things they don’t necessarily enjoy doing to for a paycheck. This is common in every industry, of course. But, there’s a HUGE difference when it comes to the psychological aspects surrounding the act of “sex” and using and/or possibly abusing someone else’s body when they’re desperate for money… There’s a big difference between 2 MMA fighters with a referee and medical doctor standing nearby to ensure safety and a porn scene where the director has a financial stake in keeping the scene going until the end. Meh. I could keep going….. and everyone would scream “It’s their body. You can’t tell them what to do with their own body.” I’m not trying to, but that doesn’t negate the fact that it makes me uncomfortable to know that performers are willing to continue a scene where blood is involved just to make money…
Shit. Maybe that’s why “amateur” porn has become so popular… at least you know the participants are enjoying themselves themselves and actually want to be there as opposed to the possibility that they’re only in it for the money…. hmmm…
And the First Ammendment, in the 1700’s predated video and the internet, but it still applies. And they(AHF) dont care if they win or lose. They got all the time and money in the world.
And Eric, employees and employers cant agree to violate the law, like they did in the Kink case,,,,everyone agreed that the shoot should go on.LOL ONLY IN PORN
Wont it be great when all those employees who voted to contiunue the shoot are on the stand, under oath, and beingquestioned by an OSHA attorney. Of couse the “everybody” agreed statements were meant to deflect blame, it actually will sink Kink.
“Mr. Director, you were fully aware that Mr. Corvus’ peinis was bleeding, but you voted to continue the scene, is that correct?”
“Yes, but Cameron Bay said it was ok, and so did all the other performers.”
“Your honor, please strike from the record everything after the word YES”
I have a home in Vegas you can shoot?
While porn keeps arguing that condoms, workplace safety regulations, etc. violate their rights under the First Amendment, these aren’t First Amendment issues. Put another way, a U.S. District Court Judge rejected the First Amendment out of hand in the Vivid case on the condom regulation.
When I say rejected out of hand, he did not give the argument the time of day. Rather than devote pages to why it was not a First Amendment issue – which he did on other issues – he said that Vivid and the other plaintiffs weren’t likely to prevail. In the legal world, that’s the equivalent of blowing your nose and throwing away the tissue – he didn’t think it significant enough to devote his energy. And, truth be told, for all the bloviating about the First Amendment by performers like James Deen, Vivid’s lawyers gave it short shrift in their argument. Here’s the rule: Don’t pay attention to what they say on the message boards; look at what their lawyers argue before the court.
Now, they have raised the First Amendment on appeal – although again, not to the same degree as economic issues. To win, they have to prove that the district judge was plainly wrong under the law. Not that he made a moralistic judgment or doesn’t like porn. They have to prove that his decision was plainly wrong – he looked at the facts of the case, he looked at the law, and his opinion is so boneheaded that a freshman law student would’ve come to a different conclusion. That’s the way appeals work. Great deference is given to the presiding judge.
If Vivid loses that one, they can take it to the U.S. Supreme Court and see what they think. If I was a betting man, I’d say you already have a few Republican Supreme Court Justices who would ban porn, period. I’m willing to bet you don’t have any Justices who would rule that its OK to put the health and lives of performers at risk to realize an artistic vision when simple, commonsense precautions can lessen the risk.
Here’s another way to think of it: A number of commentators have likened porn performers to professional athletes who know the risks of playing dangerous sports. OK, what’s happened in the courts? A Federal Judge just rejected the NFL’s $765 million proposed settlement to players who suffered concussions – while wearing protective gear – as being insufficient. Now, those players all knew they could get their bells rung, and most of them tried to ring the bells of the guy on the opposite side of the line. And they all wore protective gear. That judge didn’t say: Hey, they knew the risks. Screw them. He said $765 million ain’t enough for the damage done.
If that’s how porn wants to hang its hat, God bless ’em.
Seeing as how most performers can barely afford a bus ticket to Las Vegas, what makes you think they’re going to be going anywhere, anytime soon. Someone here actually speculated about moving the industry to Hawaii. LOL AVN used to have a little artilce on their website called “Fresh Off The Bus” They called it that becuase thats how most of the girls arrived in Los Angeles. Now tell me how all these americal porn girls are going to be headed off to Europe and Hawail to shoot their porn. ONLY IN PORN
Umm, even offshore waters are regulated… EVERYTHING IS REGULATED!!!
I would laugh if it wasn’t so fucking sad….
@jilted –
I just read some article written by an attorney discussing how the industry should definitely move over to. Vegas because: the OSHA Dept. their is understaffed and won’t enforce, prostitution is already legal and since the shooting of porn is different they could “probably” get more lenient laws because porn stars get tested and are in a “controlled group.”
Maybe I’m a complete fucking moron, but aren’t those points exactly what’s being fought in CA? Umm, if prostitution is regulated out the ass.. do you really think Vegas is going to welcome them with open arms and just let them do whatever they want?
PLUS, there was a section about how Cal OSHA better not intrude on Vegas’ turf if a company is based in CA, but shoots in Vegas…
Wow.
There are some people shooting in Vegas now, but there is not now a wholesale move to Vegas happening. And prostitution is not legal in Vegas, it is only legal in counties with less than 50,000 residents.
And again, Vegas is a UNION town. If there is a total move to Vegas you will see the electricians unions, and the cameramen, and set builders, and even the performers in Vegas have unions. Unions mean union scale wages, and no way can porn afford union scale wages for cameramen, electricians, even janitors.
Lacey, your first sentence just describe The Kazoo to a ‘t’.
Eric, you really cant see how sticking a bleeding dick in your mouth could, as you said, “potentially put(ting) people in danger.” You really cant see the potential danger of putting a bleeding dick in your mouth, really. You really cant see that cameron was in any danger when they put a bleeding dick in her mouth. You are truely a fucking idiot of biblical proportions, and to be perfectly honest, I dont think it surprises you to hear this, and it probably isnt the first time either. grow the fuck up, and then fuck off.
So, if cameron calls off the scene everybody gets paid half. And you dont think there was some pressure to finish the scene, after all, they all voted to continue. ONLY IN PORN
Actually, that sentence probably describes 90% of the industry… 😉
What are you talking about? My only point was that if she is the only one who later tests HIV+ out of the performers in that scene. Stands to reason they didn’t give it to her. Right? That was my only point.
@dodogoodman
Lol “latex” may have those issues…this is where caution is a must…he could fight “specific material” type barriers right Into the policy…OSHA won’t pull a Duke/Tynan naming “Trojan brand” possibly upping a specific companies revenue stream but they could and would say “okay we heard ya…latex sucks..were gonna include xxxx material specifically to meet in the middle. Look for the language change when the OPIM policy is presented for public input”
This is exactly the kind of stuff independents and performers need to watch out for. Read the policy..make your concerns known and be prepared to offer your input without waiting till the last minute when it becomes too emotionally charged.
@eric2690
Hmmm are you trying to say that this complaint was entirely on the female performers behalf? Cuz that isn’t what OSHA says…they say that this was an unreported occupational injury with blood exposure on the job. They don’t care who decided to continue or who was at risk…they only care that risk was present.
OSHA requires PREVENTIVE measures with post exposure policies in the event that preventive measures fail….vs the self regulated testing the industry depends on.
do you get that “endangered” during work related activities doesn’t equate to “a sure thing” also wonder if you forget about HepC and other good stuff shared via direct blood exchange? Are you trying to say that in hindsight because the injured dick performer tested negative for HIV that this workplace incident should somehow get a pass from OSHA? Would that position change if he tested positive and she didn’t?
Do you know her HIV test was a day or two old at the time of that shoot and didn’t require retesting for nearly two weeks when she chose to get her HIV test early with the newly required HepC test? Had she chosen to go the cheaper route by only getting the required HepC test she could and probably would have been exposing folks for the next two weeks? With all these little details …this probably isn’t a good case to attempt appealing the fines with the industry promise that testing works
@lacey
Doesn’t this kind of stuff remind you of a toddler playing hide and seek or an adolescent who knows their curfew but decides they can sneak in later cuz parents will probably be asleep…then cries from rooftops how unfair parents are when caught and given consequences?
@BT
I don’t see the either democrats or republicans on the Supreme Court voiding Freeman…do see them defining individual freedoms vs workplace requirements. I’d be more concerned with some lower court judge throwing the baby out with the bath water.