I am hearing that some of the studios that have been visited by Cal-OSHA are being told that Cal-OSHA is happy to work with them to clean up violations and workplace safety hazards. I am also hearing that if they “Lawyer Up” or refuse then Cal-OSHA is going to make them wish they had.
This actually backs up the “willful violators classification” that they have given Kink.com, which means MUCH more scrutiny from them.
if you are a producer in Porn Valley i think it’s time you admit defeat and maybe as an industry we can work to make performers safer, while complying with the law.
It would be an uphill battle to be sure but I think that we could come up with a system that does a better job of protecting performers and at least under certain circumstances allows condom variances.
Porno Dan does it and he is making money…
While the lesser sites are busy running press releases and slinging shit I am giving you news you can actually use. Support us here at MikeSouth.com we ARE the plot in porn.
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Cal-OSHA Telling Porners You Can Work With Us Or You Can Wish You Had http://t.co/0jtymj4JwO
Several years ago Vivid applied for a ‘Variance” from OSHA. But when they told them that they would be required to pay for POST-EXPOSURE testing they withdrew the application. If it costs one single penny producers/FSC will fight it to the bitter end. That is what all of this has always been about, keeping producers from having to shell out even one red cent for performer health and safety.
So Sofia Delgado has a new video up a gloryhole swallow. I mentioned this before, does it really not matter if she is still shooting with HIV?
PS she goes by Diega
If you were the other person in the scene would it matter to you? Maybe these scenes are old,,,I certainly hope so.
Of course it would, but no one seems to care. I’m not sure if it’s old or not, but it’s the second since her HIV dilemma.
Since porn is global do you think it might be harder to sell competing with no condom vids? Because me personally I never watch condom vids, doesn’t get me off. Plus I think much of Dan’s success is “Fuck a Fan” which has really fucked up the industry by using a loop hole to take it from porn to prostitution.
Situations like this are exactly why OSHA wants porn to work with them to develop industry appropriate guidelines. Industry appropriate for BB wouldn’t be cheap.
OSHA programs are designed to be preventive vs punitive. They even have workshops to develop the paperwork needed for compliance.
Right now, there’s only one video of her posted on that site, and it was uploaded on October 25, 2013. Based on the tattoos and piercings, it looks like the same gal, although hard to tell whether it was shot after her diagnosis. It also says she shot it herself – don’t know if that was his way of insulating himself. If there’s any saving grace, she wore a condom when she had sex. Not justifying anything – if she was HIV at the time, she should be arrested. Just saying that if she was HIV positive at that point, at least she used protection. I don’t see any other scenes featuring her on the site. Cameron Bay shot there a couple of times before she went to LA. – before she was exposed.
Here they come…heading down the street, Its Cal-OSHA and they’re not the ones you want to meet. I see alot of perjury on those records and alot of veiwing of DVDS and websites of alot of the girls like
YuriLuv.com sites with recent non-condom Boy girl shoot had taken place at a local studio. Who get’s hit by the state officials for that violation? Performers who have the site or just the Director’s/Producer’s being the website production companies for those violations?
Check the news section of the site, there are screenshots of the next video to be posted and its hers. Theres an interview, so I believe she did not shoot it herself.
Viniko Richmond liked this on Facebook.
Kyng – I’ll take a look. For the purposes of this discussion, it’s a little moot because the condom regs apply to LA County and the OSHA we’re talking about is Cal-OSHA, and this site is based in Phoenix. So, it doesn’t apply. That said, if she is HIV positive and shooting, she should be reported. And if the guy who runs the site knows that she’s HIV and is still shooting her, well, he should be shot. It’s downright criminal. I would hope everyone would agree on that, regardless of how they feel about the condom law and what Cal-OSHA is doing.
And, I guess, since he shot Cameron Bay before she went to LA and became Cameron Bay and one or two other gals who I have since seen show up in LA, he has to be aware of what’s going on across the border.
Thanks for pointing it out.
The producer is definitely responsible. If, in your example, YuriLuv is shooting product for her own site, she’s the producer and is responsible. At the same time, if she then hires a director and crew and they know they are violating the condom law or OSHA regs, they are responsible as well. A supervisor on a construction crew who knowingly tells the crew to violate code in some way is also liable. Legally, the director has a responsibility to say: Sorry, I can’t shoot non-condom.
Whether Cal-OSHA would go after the director or not may be an open question, but legally an individual who is calling the shots on a job site has a responsibility to operate it in a safe fashion.
BT, thanks for the news on that. Ralph Long, you’re in some big fucking trouble you stupid dumb Monkey. Now they’re going to have to hire Michael Whitacre (Mharris127) to operate the camera.
Ralph, you’re going to Jail. Bend over.
@BT –
I know you’ll be able to answer this for me…
Does the new bill by Hall really matter at this point with performers now considered “employees” in relation to OSHA and covered under workplace safety?
If Hall’s bill passed requiring condoms mandatory for the entire state of CA, would that make it illegal to produce porn without condoms according to law meaning subject to criminal charges and not just OSHA fines?
I guess I’m wondering what impact the bill would have if it passes? Any thoughts?
Weinstien could care less if he wins or not. OSHA rules the day, in every single state. And CAL-OSHA cannot adopt any new rule that is not at least equal to Fed-OSHA, and that means condoms.
Weinstien is just bleeding the industry dry, and doing a great job of it. AHF has a warchest that FSC couldnt even imagine in their wildest fantasies. AHF can arrange for its large donors to donate to any political candidate they want.
I realize this, but does that mean Hall’s bill is pointless or does it change anything?
AHF got the OSHA ruling they have been looking for for years. The point now is to keep the battle going on numerous fronts, and this is just one of those fronts. I havent read the new bill yet, but if its anything like the last one alot of it comes straight out of OSHA 5193. It just gives another government entity the right to basicly enforce OSHA rules.
These are just individual battles, the outcome of each battle is a non issue, its winning the war, by winning the big battles, and the recent OSHA ruling was a big one.
Dianne Duke, Karan Tynan, Jeffery Douglas, they are political amatuers compare to Weinstien, and in politics CASH is king, and that is something the Dukies dont have.
So, whether the condom bill is passed into law or not doesn’t really change anything?
@jilted
What kind of enforcement would the Condom bill have? Civil or criminal?
Let’s make it very clear that no one should look up to porno dan – he and his company immoral were shooting durning the HIV halt
Lacey: To be honest, I don’t know the answer to the question. I think LurkingReader’s post above is probably the most relevant. Are the penalties in Hall’s new bill civil or criminal? If the penalties are criminal, then its a big deal because its a law enforcement action that could put you in jail rather than a civil violation.
I think the other thing it potentially does – and, I’m shooting from the hip, so buyer beware – is provide another outlet for enforcement. Right now Cal-OSHA in San Fran and LA appear to be on the hunt. Let’s say that porn moves to Sacramento, and the OSHA office there has too much on its plate or just doesn’t care. It’s too busy enforcing farm violations. In that instance, local or state law enforcement would be able to enforce condom use if it so wishes. It could also be a tool for a local community that doesn’t want porn in its backyard but can’t legally shut it down. By enforcing the condom law, a local community can say: Hey, if you’re going to operate here, you’re going to play by the rules or we’re going to shut you down.
Any time you make something a law enforcement action, even if its civil, you add teeth.
I know I come off as anti-porn and by writing the above post, it really sounds as if I’m anti-porn. I’m not. I enjoy porn. Like everyone on this site, there are things I like, things I don’t like and things that offend me. All of that said, I realize that a porn past is going to haunt some of these kids for the rest of their lives. If they choose to get naked and have sex on camera, well, that’s their choice and I’ll enjoy the results. But, I think they should be able to do that in a safe environment, and that someone should be looking after their health, because we know porn is not.
And, I think porn should play by the same rules as any other business, including other media and entertainment businesses.
To me, its really that simple.
Ricco, I am NOT Michael Whiteacre. I guess I am flattered that you seem to think I am Michael but I assure you I am not. Michael posts here from time to time under his own name.
Lacey: Here’s what I’ve really been wondering of late, and maybe someone with more OSHA experience than I can weigh in. The industry often likens talent to sexual athletes or stunt workers and says things like, just as football players or MMA fighters tear up a knee or get their bells rung, some porn talent is going to get an injury or a disease. It goes with the territory.
So, for a moment, let’s accept the sports analogy. At sporting events today where the risk of injury is real, you have to have medical personnel – a doc – and an ambulance with an EMT crew on hand just in case. If you think about acts like DP, anal pounding, really large dildos, anal gang bangs, or double anal and bondage/humiliation at a place like Kink, the potential for a medical event that has nothing to do with an STD is real. Anal gang bangs and double anal aren’t even fringe today – Julia Ann, Lisa Ann and Veronica Avluv are A-list gals who have done double anal and anal gang bangs.
Cal-OSHA’s concerns are not limited to blood borne pathogens, even though that seems to be the focus of their current crackdown.
I do believe that under the First Amendment, there are probably only a limited number of things you can prohibit from being filmed – child pornography, bestiality and scat seem to be the three. But, do you think it possible that Cal-OSHA could accept the sexual athlete analogy and begin to require the presence of trained medical personnel and an ambulance on set like they require for sports?
I don’t think its far-fetched.
I get accused of being anti porn a lot when nothing could be further from the truth….Just because you point out what should be obvious or I report something like Cal OSHA using 2257 it doesnt make us anti porn we are actually trying to help by saying maybe we need to deal with the reality of this and approach things differently….I had one guy in GFY say I was similar to guys who circumcize female babies…saying its for their own good….I saw the 2257 post as a heads up…a valuable bit of info for porners god knows you havent read it on xbiz or avn yet but this guy somehow thought it makes me anti porn…..dont let the idiots run ya down man…. Like I told the guy in GFY
You send the boy to school and what does he do?….Eats the fucking erasers….
If you oppose the criminal activity, using crossover performers, or think that producers should pay for the things they require, then you are labeled anti porn. That is what people who do all of the above mentioned things do, they hide behind the very rights they claim to stand up for.
Well said, my friend.
@BT
My experience with OSHA ranges from garment factories, food processing, restaurants, white collar offices to construction.
Looking at the adult film violations they range from electrical hazards, fall prevention and failure to create, implement and apply an Injury and Illness Prevention Plan (IIPP).
BT is correct that while the BBP (BloodBorne Pathogens) is getting industry press OSHA is seeking compliance in across the board. At this time OSHA is not comparing adult film performers to MMA or stunt work. Neither the current BBP or draft OPIM calls for a physician on set.
No rule, regulation or law stands alone. OSHA enforcement goes hand in hand with Workers Comp. WC coverage pays lost wages and medical services to injured and ill workers while OSHA rules are designed to prevent the incidents that WC covers.
The first amendment didn’t exempt the producer in the 1998 WC claim was contested to the CA Supreme Court. In 2007 the performer was determined to be an employee and finally received benefits in 2010.
@BT
Usually OSHA complaints are handled by the enforcement office closest to the establishment location. Seeing “Hh unit” on the Kink inspection report immediately sent bells and buzzers off. I looked back and saw most adult film complaints were designated to the Hh Unit over the last five years.
Hh Unit (high hazard) designation moves all compliance and enforcement activities up a few notches. It doesn’t matter what office takes the complaint they get sent for special attention. It’s fair to say with the TIM ruling OSHA is using every tool they can. We’ve discussed 2257, footage and inspections but haven’t even touched another OSHA focus…underground economy which brings in all kinds of other agencies including potential criminal sanctions.
Then I’m surely considered anti-porn which couldn’t be farther from the truth.
I’m for letting the independents (producers and performers) most affected by changes on the way exercise their rights vs allowing the FSC or bigger fish act as a quasi government.
Here is a link to the last amended version of the bill:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0301-0350/ab_332_bill_20130417_amended_asm_v97.pdf
It does seem the bill is officially “dead” as of 1/31/14 according to the CA Constitution and joint rules. I don’t see anything on his website (http://www.asmdc.org/members/a64/) to indicate what his plans are now. I may put in a call to his office later this week. Doing a quick scan of the bill, I really don’t see anything that does more than what the TIM ruling already did. If there is going to be another bill, I think it should be aimed at giving Cal-OSHA more power to go after serious and willful violations. Allowing for larger fines and requiring criminal prosecutions after a certain number of violations. Doesn’t need to mention the words “adult films” or “condoms”. That would make it much harder for Democrats to vote against if it applies across the board.
BrianJay: is that right? I bet you Ralph Long, Princess Yashua and Bill Fox all were there saying: Fuck it ! The girls are only making $ 500 and or nothing for streamate shoots.
They are such a piece of shit company. The sign of what porn valley in LA is to become. Immortal Productions need to be burned to the ground. And take that Douchebag Frank Koretasky with him too, matter of fact, Burn that business down its such a sore eye on Nordoff in Chatsworth.
@BT could you see the LA city Fire Dept on standby at a DP and or DP anal shoot and or the LA County Fire dept putting a Fire Dept Paramedic squad on stand by along with Schaffers and or Mc Cormick Ambulance crew to transport?
I don’t think unless the Porn Producers pay for it would happen and of course the Government would make money from just that too.
@Ricco –
Of course the producers would have to pay for it… there are doctors and EMT workers who do nothing except work on mainstream Hollywood sets and they make really good money doing so… most of the doctors who work on set are ER doctors.
I would be willing to bet adult productions could definitely get away with just ONE EMT on set. Which honestly shouldn’t be THAT expensive. But, you have to realize that IF any type of injury happens on set then that EMT is the one making the decision to continue… if someone’s asshole gets ripped open and there is visible blood, no EMT is going to say “just shove another dick up there and you’re good to go….”
This would be one of the major reasons for the presence of an EMT: to assist with medical conditions, determine when or if someone needs to be taken to the ER and/or medical DECISIONS in order to ensure safety on set.
He was shooting during the moratorium to prove a point about condom usage, not necessarily to defy the moratorium.. he ended up not shooting in the end.
Basically, to show that the FSC moratoriums are nothing more than suggestions and he proved his point… I’m not going to hold that against him.
Lacey,
One single penny would be more than any producer is willing to spend on anything related to health and safety for performers.
Well, they may not have a choice in the matter… other than the dark trenches of The Underground… dun Dun DUN…. 😀
An EMT for the day would be absolutely nothing compared to what they pay the talent… maybe 20-30%??
No matter how helpful it would be to have a PLHCP (professionally licensed healthcare provider) on location it isn’t included in the draft OPIM or a proposed suggestion by the numerous agencies and foundations weighing in on performer safety.
No clue how much commercial rates are for EMT services but know that for school events and community non-profit sports we were paying anywhere from 200-400 an hour or negotiated flat rates with holiday surcharges that ran 1500 to 5000 per event.
With producers unwilling to even consider paying testing expenses to exclude STD it’s a pretty sure bet anyone proposing standby EMT would be ridiculed into the next century.
Actually Kink does pay for an EMT to be on standby in the building for some scenes. They even paid for a medical doctor to assist in the Nicki Blue “loss of virginity” debacle. Granted Kink scenes aren’t usually the garden variety vaginal/blowjob scene but this does set a precedent for porn companies having medical staff on set for those scenes where there is a higher risk of injury. I don’t know for sure but I would think that Intersec would do likewise for their harsher Real Time Bondage scenes (which involve a lot more than just bondage, the scenes are very rough on the submissive — much rougher than even a Kink scene).
Kink sometimes has professional medical personel on set because of the number of injuries that have required medical attention that occur in their workplace. Those EMT’s(if thats what they are) are required to report any action they take in a workplace.
Never knew that Kink actually had medical people on stand by. You can rest assured that the records of those companies will be the subject of further investigation. Thanks for the infor Harris.
@mharris
ty for info, is this new since last summer when Acworth said he planned to make some changes?
still standing by assertion that proposing standby EMT as an industry standard would be ridiculed into the next century :0
I’m sure they probably do sometimes have EMT on standby or present, but most of the recent “incidents” were medically taken care of by a personal doctor (either written about on blogs or posted pics. of injury on Twitter, etc.) or the talent were brought to the ER (for example Cameron Bay.)
Never seen Intersec.. tbh I think I’m a little scared to venture over there.. eeek.
Do they do blood play there?
I was a certified EMT….they make very little money per hour…minimum wage at some places in CA…the required year of employment, prior to paramedic school acceptance, really has them over a financial barrel ….. Sounds like the EMT companies are making quite a profit on their services…
But a very good idea to have them on set…especially if it’s hard for some to tell if they should continue shooting with a bloody penis
lmao Laura we tried to negotiate a lower rate based on EMT pay and got told pound sand cus the rig they drove was the real expense. someone at the table asked if they replaced all the stuff they didn’t use after each event 😉
@Claude
Hall reintroduced the Bill at the end of January. new number is AB1576 and its problematic because it does specifically target adult film for criminal prosecution for non-compliance with OSHA 5193.
after reading it im a bit shocked that FSC has not been shouting about the discriminatory nature of the Bill as they waste their efforts on First Amendment arguments.
Mharris made one small very interesting statement, that the EMT were on call in the building, he didnt say they were on the set, and I think there is good reason for that. If they were on the set they would be legallly required to report any OSHA violation they witnessed. If they are just in the building, and not eyewitness to the event, they would still be required to report any action they took as a result of a workplace injury. If these EMT’s are not reporting they are going to loose their jobs real quick. The ball is rolling.
Attention homeowners who are renting your houses out to porn companies. No film permits, OSHA violations, and now they are notifying your homeowners insuarance company. If youre doing this it probably means you lied on you insurance application, and youre going to get reamed big time. And dont think that low budget porn company is going to bail you out.
Remember when I said you should always get a workman’s comp. Certificate for anyone who does work on your house because if they get injured then they can turn around and sue you… yeah, that applies to porn productions as well…
I must admit that’s fucking crazy that they are contacting homeowners insurance companies… I would have never thought of that? I guess it makes sense, though…
All I know is your premiums drastically increase just because you have a dog that is considered “risky” (pitbulls, etc.). I’m not sure if any homeowners policy would allow for adult productions? Doubt it.
Well that is very interesting. You can have a private ambulance company standing by for say like another Princess Yashua getting his black cock broken and having to be transported right way code 3 to the closes hospital. “Were inbound with a 20 something year old male black pornstar with a obvious FX penis and he’s in extreme pain, Rampart” You get to finish the rest Lacey and others….
Wonder if you get a discount for proof of trained porn professionals?
Like having a security system and fire extinguishers they rebate 10-20% of the dangerous animal premium increase with proof of training.
@ricco
Could make this story into a reality show ….don’t try this at home folks..this broke a$$ broke his dick. More details after a word from our sponsors…APAC here to let you know porn is safer than….
You just gotta love Mitch. Another one from the archives. “Denial is the backbone of porn when it comes to healthcare.”
http://www.npr.org/templates/story/story.php?storyId=17044239
Ahaha…..gotta make sure to have a lot of penis splints on hand.
@jilted…..thanks for sharing….”sweeping back the ocean with a broom”
http://archive.is/WJQX4
Herres another blast from the past. Of special interest,,,”chlamydia and gonnorhea however, along with HEPATITIS, seem to stick to everything,,,,,,,we’re usually up to our asses i chlamydia.”
This was back in 2001 Mitch talking about hepatits, but the industry(producers and talent with hepatitis,big names) would never allow Hepatitis to eliminate someone from the talent pool, including Mitch herself. But EVERYONE knew Mith had C, she didnt hide it like the others.)
Up to our asses in chlamydia, but of course there was never an onset transission.
More civilians get stds from porn stars than porn stars getting stds from civilians.
The best things about these old quotes from Mitch is nobody in the biz can deny what she says. When Mitch says, denial is the backbone, sweeping back the ocean with a broom, and up to our asses in chlamydia they cant deny it. I have been banned from virtually every adult biz forum, except Mikes, for printing these quotes. They just cant argue with it and they cant handle the truth. Especially when Mitch says she would be right behind OSHA “tooting her horn” if they ever got off their asses and did their job.
You ever notice that no one these days wants to hear Mitch’s opinion on whats happening with testing, and health in the industry?