Comments on: Trial By Twitter: Cal/OSHA Edition https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/ The institute for the advance study of insensitivity and pornography Wed, 13 Nov 2019 09:23:34 +0000 hourly 1 https://wordpress.org/?v=6.5.2 By: Fabrise https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36132 Sat, 19 Oct 2019 17:26:04 +0000 https://mikesouth.com/?p=51822#comment-36132 Verta is well written indeed. She certainly is capable of accomplishing a great deal if she channeled her talents into a direction with a positive likely outcome in the realms of something reasonable for adult performers.

Having Cal Osha dictate absurd policy and believe production will pay for talent testing is not likely or reasonable. Not going to happen.

Major studios would have production conducted in other states immediately. I bet the two top studios would invest in political action committees drawing up Bills to be voted on and enact laws making porn without question legal in Las Vegas . Given Las Vegas locations are abundant and cheap . Cost of living superior to Los Angeles for talents flocking to a desirable and comfy spot relocation.

Insurance companies paying for more than one test per year is even doubtful.

I can only Imagine insurance carriers being alerted to adult performers actively trying to get this idea on a serious platform would react, Insurance carriers might even view this as a threat as they did Obama Care.

Insurance companies would likely be predisposed this idea to being like, “Operation choke hold” where banks and cash application screwed the adult industry, the instagram selected mass banning, twitter shadow banning and worse drop an individual’s policy and coverage should individuals identify themselves as an adult performer only to later place them in a high risk group or on some watch list.

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By: Karmafan https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36131 Sat, 19 Oct 2019 14:06:56 +0000 https://mikesouth.com/?p=51822#comment-36131 I’m pretty sure these tube sites are only reporting a fraction of their income for IRS and documentation purposes. Lots of money is being made and not reported.

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By: LurkingReader https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36130 Sat, 19 Oct 2019 09:30:17 +0000 https://mikesouth.com/?p=51822#comment-36130 @V

“ Also, if tube sites are responsible for paying for the testing for a majority of performers, what would be the point of the subsidy checks? The subsidy checks only cover a small percentage of testing.”

Tube sites are not direct employers, OSHA has no way to hold them accountable for cost of employee testing.

Mindgeek is voluntarily donating money to the subsidy pool and can stop doing so any time it pleases them to do so.

The industry and the labs it directs performers to have fought very hard against creating an equitable shared costing system that also protects performer medical privacy. For people as tech savvy as porn there is no excuse for PASS letting everyone with access see who is green and who has a scarlet x by their name. If a producer (or agent for privates) wants to book a performer they can pay a portion of the test with the same risk that performer takes if it’s not good.

In any other industry the employer would be on the hook for entire test plus cost of treatment or workers compensation claim to cover treatment & lost wages.

Key word is ‘employer’ which tube sites are not.

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By: V https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36128 Sat, 19 Oct 2019 02:03:22 +0000 https://mikesouth.com/?p=51822#comment-36128 …Providing health benefits for workers would reduce worker rates, ONCE AGAIN, from the pennies they rake in from a multi-billion dollar industry? This is what you choose to gloat about in an attempt to discredit me?

Maybe that’s the conversation society needs to be having around porn and every other industry. That basic workers’ rights- for workplace safety and health benefits- would be burdened on the backs of the workers themselves. That this is a reason people would give not to fight for workers’ rights. The people who sit and benefit from their labour can count on other people who do nothing but sit and benefit from their labour to make workers FEAR fighting for BASIC RIGHTS.

That the people who profit from the labour of others do not have to sacrifice a single penny to ensure workers have basic human rights because people will justify those workers being essentially used as slave labour for even WANTING rights.

This is the reality you would have me live in? No thanks. I’m going to keep living in the reality where I chose to do something about it, and a regulatory bureau actually heard what workers had to say.

Before I disappear back into deranged anonymity, where the people I meet have no idea I ever did porn and no idea that I submitted this petition, I’m going to ask once again if you have ever been talent on a porn set. If you have ever had a personal relationship with any of the people on this website whose deaths were exploited for clicks. If you have ever personally witnessed or experienced a situation like any of the complaints in your alleged trial-by-Twitter. If you have ever done anything in this industry besides be a vulture on the outskirts of others’ drama.

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By: Sam Langhorne https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36126 Sat, 19 Oct 2019 01:03:07 +0000 https://mikesouth.com/?p=51822#comment-36126 Although it is apparent from both Verta’s petition and her comments here that concerns rooted in reality do not register with her, I will raise another.

Demanding that producers should have to provide health benefits to every performer they shoot would be be a very expensive commitment. If this plan (I use the word loosely) were adopted It would drastically reduce performer scene rates.

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By: V https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36125 Sat, 19 Oct 2019 00:35:05 +0000 https://mikesouth.com/?p=51822#comment-36125 @LurkingReader
The original copy of my petition – the first draft – was far more “fanatical,” and contained a lot of details that could not even be argued to fall under OSHA’s purview. As I stated, a former Cal-OSHA standards board member helped me remove everything that OSHA clearly legally did not have the right to regulate. The advisory committee will work out the cost and whether or not they can arguably enforce the points that /may/ not fall under their jurisdiction. This is why I also sent a copy of the first draft to the labour board. I covered all of my bases, and I’ll say this much: practically anything that can be argued as workplace violence absolutely /can/ be regulated by OSHA.

I spent months on this and was in direct contact with current and former standards board members – the people who actually vote on these regulations – the entire time. I owe them a lot, and they really worked with and listened to me. And if they would listen to one person, I completely have faith that, if performers actually showed up and explained their position and what it is like to work on a porn set, they would have industry-specific regulations.

The regulations provide the grounds for specific employees to file complaints against specific employers. When I submitted the petition, I explained that it was incomplete and would require working directly with performers to flesh out. Here’s hoping that happens.

Also, if tube sites are responsible for paying for the testing for a majority of performers, what would be the point of the subsidy checks? The subsidy checks only cover a small percentage of testing.

I’m sure if this was “news” back when I submitted the proposal, people would have told me it was naive to expect them to hold an advisory committee based on this petition. Yet here we are.

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By: LurkingReader https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36124 Fri, 18 Oct 2019 23:41:40 +0000 https://mikesouth.com/?p=51822#comment-36124 @Sam

Trump has nothing to do with BBP regulations. Trust me when I say he had no say in Cal/OSHA deciding they could use existing regulations without spending another five or ten years arguing semantics with the industry.

The only reason Cal/OSHA and other states were considering industry specific regulations was concern they couldn’t effectively enforce existing regs. Now they know they can and that should be a bigger concern than anything in this petition.

@V
Your petition included so many demands that are outside the role of what OSHA does that I have to wonder if you understood exactly what they do. Even more concerning is that you say much of it was copy/pasted from APAC. The petition is loaded with too many should and oughta expectations and not enough research into the limitations of what state & federal agencies are limited to.

OSHA is not going to come in to the industry like some white knight. That is not how they work. They act on complaints from a specific employer against a specific employer. In a way it is playing whack a mole.

The staff & DOSH evaluations outline all ideas from the petition that are handled by other agencies or beyond the scope of what OSHA is authorized to do.

To me the big risk of this petition demanding Mindgeek and tube sites pay for performers tests etc is that it annoys them to the point they discontinue their voluntary subsidy checks issued via FSC PASS.

Another was the IR stuff. OSHA can’t get into content beyond the health and safety aspects. That’s why they’re all over the employer has to provide lube and won’t go near how many or what color dicks can go where. That is the beauty and catch 22 of the First Amendment.

Kudos for wanting a safe(r) work environment. It’s a long road to learn what Government agencies can/can’t do and more importantly how they do it. You’re right OSHA isn’t going to ignore the industry but naive to hope or expect your petition will lead to industry specific regulations.

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By: V https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36123 Fri, 18 Oct 2019 20:38:08 +0000 https://mikesouth.com/?p=51822#comment-36123 Hmmm… can you point me to a single instance of my “old APAC pals” saying they don’t want this? You say this as though I don’t still communicate with any of these people. True, I’ve seen Riley Reyes expressing disappointment about the ruling, then admitting that this can be a positive step for the industry. Riley is not my “old pal at APAC,” though I have considered her a friend in the past. But I’ve learned a lot about friendship from this industry.

Half of the original petition is copied directly from the APAC website, how has NO ONE noticed that?

Yeah, performers don’t want interracial to be viewed as a sex act anymore, like anal or gangbangs. It’s 2019; they don’t want the racial divide of people getting paid more money to have sex with black men. I’m going to assume you’re about 60 years-old and can’t keep up with the times.

Again, people had no idea what was going on because no one was attending Cal-OSHA meetings. I did. They were not ever planning to drop this and not enforce the current regulations – regarding bloodborne pathogens – that are still listed on their website.

A former Cal-OSHA standards board member helped me revise the first draft of my petition- the copy I sent to performers and the labour board- to keep only what fell into Cal-OSHA’s purview. The original people assigned to evaluate my petition emailed that I must revise the language to focus on condoms or it would be dismissed. I fought this and I am ETERNALLY GRATEFUL Eric Berg was assigned to evaluate in their place, and actually did the work to unravel the many facets of the petition I submitted.

But thank YOU for proving MY point, thank you for admitting this is merely about not wanting the industry to be regulated. What fantasy world do you live in that this was ever an option? Merely because regulations hadn’t been enforced in the past? I’m going to guess you’ve never done a single porn scene and you’ve never actually attended a Cal-OSHA meeting. You’re irrelevant, making your money off the suffering and drama of the people in the industry. Of course when someone attempts to diminish that drama, you’re going to throw a fit about it. Honestly, too bad. SINS.

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By: Sam Langhorne https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36122 Fri, 18 Oct 2019 17:49:26 +0000 https://mikesouth.com/?p=51822#comment-36122 Verta, I’m just going to let you keep talking because you’re doing a wonderful job of proving my points.

How exactly do you call what you have done “advocacy”? Even your old pals at APAC say they don’t want this.

As for whether the adult industry would be “overlooked” by Cal/OSHA, clearly you don’t understand the history. Cal/OSHA was dragged into the proceedings over the last decade or more; they paid so little attention to porn production that they simply slapped pre-existing rules designed for hospitals, clinics and undertakers onto the adult film business. Enforcement was nearly non-existent.

Plus, since Pres Trump’s election, the OSHA agenda nationwide reflects his administration’s focus on de-regulation. Among the items removed from the regulatory agenda: bloodborne pathogens.

What you have done is stir up a hornets’ nest. The reason you give is that it was inevitable. I’m sorry but that is circular logic.

No one wants OSHA in everyone’s hair, and the bulk of your recommendations suggest that you had no clue what the fuck was going on at those OSHA meetings. You want OSHA to require APAG to provide health insurance? You want them to ban IR scene terminology? This is idiocy.

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By: V https://mikesouth.com/industry/trial-by-twitter-cal-osha-edition-51822/#comment-36121 Fri, 18 Oct 2019 15:49:15 +0000 https://mikesouth.com/?p=51822#comment-36121 And, once again, Cal-OSHA was NEVER GOING TO DROP THIS. Which people would know if they continued going to standards board meetings instead of treating the tabling of the FSC and AHF’s petitions as a win and disappearing. Cal-OSHA intended to revise current regulations to be more specific to the adult film industry and focus on enforcement. I don’t know how anyone is naive enough to believe an entire industry of workers- especially as prominent as the porn industry- were just going to be overlooked by Cal-OSHA. In what world is that an actual possibility?

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