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Thats okay Sabrinia, we don’t represent you….yet….

Proposals are working behind the scenes. And working hard everyday.
At least, i got you guys to finally stop saying…

“A Union.. is not ever going to happen, and I got you guys thinking, now that we got one…” That alone, is a huge accomplishment in itself.

Hugs back Sabrina 🙂

I knew that! So, this industry is great. It always ends like that. I wonder what in hell are we talking about then and most of all what we need a Union for. Don’t criticize the industry or you need self help therapy (no idea what it means but I like the sound of it), if you are part of this industry you are not allowed to criticize it (I love the logic behind this), if you don’t like this industry, change job…In the meantime not a single proposal is made, not a single action is taken, nothing but jumping on the train of the richest sponsor. Yep, this industry must be definitely healthy. Sorry, Phyllisha: you don’t represent me. Love back.

The kind of people in this industry are just like the people in every industry. Some are shady, but unlike most industries, this one is made of the coolest, neatest, whole hearted people ever in the world. I LOVE the kind of people in this industry! (Whether or not they love me back 😉

I wouldn’t change one damn day of my life in this industry. I’ve got to do things that people only could dream of.
So don’t be pointing fingers at “the Kind of people that make up this industry”. Maybe perhaps you should consider some self help therapy.

And even if it takes 5 more years to get this Union off its feet, well, you know what? That’s okay. Because when you and me are long gone. This Union will still be righttttttt here! ..,!.

Knowing the kind of people that are this industry…. They are telling you the same thing.. You can kiss my f&@$:; ass!

(( I always tell me self,…. Okay .. Look .. But just don’t say anything. Lol. )))). Never going to happen.

Love Phyllisha Anne

@Jilted

you said “Technically it is illegal for producers to REQUIRE the test as a condition of employment”

Employers are allowed to require all sorts of tests as a condition of employment ….AFTER the job offer has been made…not before. The grey area I keep mentioning is using the FSC-PASS database to screen applicants because other industries get away with using job recruiters to administer aptitude and pysch tests like the DISC profile to weed out potential applicants. They get away with it only because applicants aren’t forced to pay for those tests.

None of what I say about shared costing is based on ‘what if’ Prop 60 passes or 5193 is amended as neither of those two scenarios would change the process and nothing the industry has put forth negates the evidence that shared costing works for multi/joint employer and intermittent worker situations.

http://www.natlawreview.com/article/rights-hiv-positive-job-applicants-and-employees

Article posted today is worth reading as are the three links in the first paragraph for anyone interested in the legality aka permissibility for employers to include HIV testing in pre-employment medical services. Beneath the DOL umbrella are several agencies with publications to back up employer requirement to pay for ANY pre-employment medical services (testing-physicals etc.) they expect workers to participate in.

While the article and publications don’t draw a direct line to the oil rig worker and other USSC cases I’ve mentioned time and again over three years ….they are the policy (guidance) result of those cases.

All of the things you say here are true,,,That is why the industry has a HARM REDUCTION program. To be in porn you accept that people will cheat the system, people will work knowing they have an std, people will work with others who they know are infected, people will try to fake their tests, even though there are simple ways to verify the authenticity of any test.
and regarding what tests get done, it isnt Talent Testing or CET who decides what tests get done, its the performers(or the FSC) who decide what tests they have. All of the testing centers are capable or running any test the talent wants done. TTS and CET do the tests that the performer requests.
And irs great to hear that Europes testing includes anal and throat swabs. Not doing anal and throat swabs here in the US just proves what a joke the whole system is. And it is amazing that these performers, all adults who know the risk, dont voluntarily do it. You are an adult having massive amounts of unprotected oral and anal sex, and you dont demand that your partners are tested, and you dont get tested yourself,,,,These are the behaviors that make a HARM REDUCTION program you last resort. ONLY IN PORN

Guys, please, don’t roil the waters. Let’s try to be clear here. So,
– Testing is not mandatory. But condoms are.
– If performers want to keep exchanging each other tests, producers have to pay for them.
– If on set safety regulations are violated, producers and agents can be “potentially” liable in certain situations (nothing more generic has ever been written).
– Nowhere I have read that if performers contract stds (not given to know if on or off set or both, by the way), producers and agents can be liable and have to pay for medical expenses.

If the above is not true, please, give some justice to information and write clearly where we stand, because if there is so much confusion around prop60 is exactly because everybody deliberately avoid to calrify the content of the proposition according to their agenda. If the above is true, let me anticipate you what the outcome is going to be:

All performers will keep getting tested and producers will pay for the tests and performers will have the extra safety parachute by wearing condoms, right?. No. Anybody with a minimum of intellectually honesty who knows this industry knows that this is not going to happen, with mandatory condoms. We have had plenty of cases of performers faking their test and even of performers fucking colleagues clearly and visually affected by STDs. There are serious reasons to believe that not only mandatory condoms will not work as a deterrent for cheaters, but that it will rather encourage the cheaters to offend. Equally there will be performers who will not require their counterpart to be tested, satisfying wearing a condom the safety regulations.
Furthermore, you will give crappy producers an instrument to ransom all those performers who are not part of the top 20 pool of super popular performers by pressuring them to not test, being the mandatory condom enough to respect the safety regulations on set, so that they can avoid to pay for testing.

Another things that will happen is that performers rates will shrink to allow producers to “pay” for tests, condoms and licenses. Translated: performers will keep paying for tests, probably much more than they are doing right now.

If this proposition seems to raise performers safety on set to you, I admire your optimism. To me it lowers it and that’s why I am against it, the way it is written and without a much wider legislation/regulations accompanying it. You (generic) guys are trading clean sheets for barriers, 150$ tests and regulations over (un)professionalism for a few cents condoms.

By the way, Jilted, on a different note: here in Europe the full testing package (HIPPA compliant, in fact better and more secure than any system I’ve see using in the US) which features also epathitis B compared to let’s say talenttesting in the US, comprises also anal and throat swabs. The cost as I said other times is less than half than in the US.

Pardon me for using lab interchangeably with ‘Pass approved providers’ who also provide the scarlet x data aka performer didn’t pass one of the tests.

Whether the contract clause is enforceable or not is a separate issue from my premise that producers will need proof they provided a safe workplace. I have NEVER said or hinted that producers ought to have copies of medical tests or proof beyond a traceable code or ‘limits form’ signed by a licensed medical professional….. either/both are accepted stakeholder CYA proof in labor situations precisely because they don’t compromise worker health privacy through the process of proving occupational risks have been measured and reduced to their lowest permissible level.

The LABS do not enter info into PASS. The pysician that ordered the test does, and they do not input any test results,,,they merely provide a check mark that the selected tests were performed and the patient tested negative for any infections.

Which is another reason that the FSC will never be able to prove that testing is equal to barrier protection. The FSC has no records of any tests to show as proof. The PASS system has no tests in it. DOnt know what youre talking bout with regards to a standard performer release that says a performer is required to provide a clean test,,,,no they arent, because it is an illegal contract, if this indeed how it is worded. Just like the AIM waiver was never worth the paper it was printed on, its provisions were illegal. And that is why they settled out of court with darren James. EVERY SINGLE PERFORMER who ever had a test result given to a third party by AIM could have sued AIM, and that was about 99.999% of all performers.
Having copies of tests in no way covers a producers ass for anything, actually it exposes the producers ass to litigation.