Deen Responds To Cal-OSHA Fines – Remember a Name here

I am going to run Deens response in it’s entirety with only one comment…Remember the name Michael Fattarosi, we will be coming back to it in the coming days, and remember the old saying “you can’t flunk out of porn”.


On March 9, 2016, Cal/OSHA issued nine workplace safety citations against James Deen Productions in regards to failure to use condoms and dental dams for female oral sex while filming adult films in California. Of the nine citations issued, four were considered “serious” violations and five were considered “non-serious” or regulatory violations.

Of the four serious violations, one was for failure to maintain a written employer injury and illness program, which James Deen Productions vigorously denies. Evidence of this written program was provided to Cal/OSHA prior to the issuing of the fines. Of the nine total citations, three were for potentially placing adult film performers at risk of “serious bodily injury or death.”

According to Deen, at no point was any adult performer exposed to any disease while working for James Deen Productions. At no time did any performer contract any illness or suffer any injury while working for James Deen Productions. None of the citations issued by Cal/OSHA even allege that there was any actual injury or illness that occurred. The vast majority of the $77,875 in fines was for potential exposure, not actual injuries or even an actual exposure to any illness.

It must be noted that this Cal/OSHA investigation was not instituted at the request of any adult performer that worked for James Deen Productions nor was it instituted by Cal/OSHA directly. Rather, it was solely based on a complaint filed by the AIDS Healthcare Foundation with Cal/OSHA in their attempt to use California taxpayer resources to further their political and moral agenda of “condoms in porn.”

One of the serious citations was for a film in which James Deen performed only oral sex on his female co-performers. There was not a single act of penis-to-vagina penetrative sex in that film. However, Cal/OSHA has made the determination that oral sex performed on a female can lead to “serious bodily injury or death.” This is simply not supported by medical science.

In response Deen has stated, “I am not okay with the government dictating what people are allowed to watch in the privacy of their homes. This is a case of an outside organization pushing their personal desires and agenda on the viewers of adult entertainment. Just because the AIDS Healthcare Foundation decides they are not comfortable with certain sexual acts does not mean is should be deemed illegal.”

Comparatively, Cal/OSHA issued citations of just $58,000 against a San Diego manufacturing company in December, 2015 where an actual explosion at the work place seriously injured 4 employees. And in January, 2015, Cal/OSHA issued citations of only $30,410 when an employee of a painting company was electrocuted and killed on a work site. These citations against James Deen Productions are wholly unreasonable in regards to the degree of potential exposure and lack of any actual injury.

Deen stated, “The fines presented against my company are significantly higher and not one person was exposed to or contracted any illness on my sets. I gave the performers the option to perform with condoms; however, they desired not to use condoms and I honored their requests.”

James Deen Productions is represent by the Law Offices of Michael W. Fattorosi, P.C. located in Woodland Hills, California. Fattorosi, an adult industry attorney, stated “this is nothing more than AHF and Michael Weinstein using the taxpayers of California as well as local and state resources to further their moral agenda. They have and will continue to use Cal/OSHA to enforce their desire to outlaw certain aspects of sexual free expression. In January, after Cal/OSHA failed to properly serve my client with a subpoena, AHF and Cal/OSHA decided to use a search warrant and five uniformed Los Angeles police officers to kick down my client’s front door and conducted a raid of his home, seizing his belongs and even his home security video recording system, possibly in an attempt to cover up their raid. In February, the Cal/OSHA Standards Board decided to vote against new condom regulations and refused to apply these new regs to adult film production; yet, Cal/OSHA’s Enforcement Division believes that the will of the Standards Board, comprised of citizens of California, has no effect on their decision to engage in a witch-hunt at the request of AHF and Michael Weinstein. The waste of taxpayer dollars is simply appalling. Is this where the citizens of California want their hard earned money spent?”

Deen concluded with, “I am just a small production company but intend to do what I can to stand up to AHF and Cal/OSHA dictating to the fans what they should and shouldn’t view in the privacy of their own homes.”

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Deen Responds To Cal-OSHA Fines – Remember a Name here

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44 Responses

  1. Deen’s response sounds great!!!!!! Problem is, it has nothing to do with the law. He writes: “I am not okay with the government dictating what people are allowed to watch in the privacy of their homes. This is a case of an outside organization pushing their personal desires and agenda on the viewers of adult entertainment. ….”

    Sounds great. The point it misses is that as of right now, this has nothing to do with an outside organization or the government dictating. This is a direct result of the lawsuit that Vivid filed against LA County in federal court in which the porn industry argued that porn has a First Amendment right to film any damn thing it wants under any circumstances it wishes. The court disagreed and said that condoms were a reasonable response to potential exposure to performers and the public in general. Porn appealed. Porn lost and is no dealing with the fallout of that loss. I was not privy to the legal thinking following the lost appeal, but I’m willing to bet my house that Vivid’s lawyers advised Hirsch to drop it rather than appeal to the Supreme Court because a loss there would be devastating. So, while Deen writes that he’s going to fight for the right of porn-watching public to watch unprotected sex, that battle has already been lost in the courts. He can, of course, file his own lawsuit against OSHA and claim they’re violating his First Amendment rights, but …… the government’s lawyers would just hold up the case that was already decided and upheld on appeal in Deen’s backyard.

    Next, he writes that “According to Deen, at no point was any adult performer exposed to any disease while working for James Deen Productions. At no time did any performer contract any illness or suffer any injury while working for James Deen Productions.” Sounds great. But that’s not how worker protection works. OSHA doesn’t walk onto a construction site, find that no one is wearing a hard hat, steel toed boots, or ear or eye protection and turn a blind eye because no one was injured that week. The whole point of OSHA regulations is injury and disease prevention. It’s proactive and not reactive. Again, sounds GREAT! But has nothing to do with the law.

    Finally, Deen writes: ” I gave the performers the option to perform with condoms; however, they desired not to use condoms and I honored their requests.” Again, sounds SUPER GREAT. FREEDOM BABY. But that’s a little like the NFL saying “We gave the players the option to perform with helmets; however, they desired not to wear them and we honored their requests.” Deen’s job as a producer is to comply with the law. It’s not to honor the request of employee to violate the law.

    Idiot – but well-written idiocy.

  2. Soooooo the story begins ..get a letter from OSHA respond with GFY not giving you jack shit get a warrant. OSHA says sure tough guy whatever you say…we’ll go tell it to the judge & whatever tough guy Deen responded with impressed the judge to hand over a warrant toot suite.

    So warrant in hand cops come knocking with OSHA inspectors in tow…no IIPP but tough guy is pissed now…he shows them his awesome power with RAID headlines. Might be tough but he isn’t too smart. The RAID headlines amount to claiming OSHA raped your ass without lube …oops. Fact is if you’re a business owner engaged in commerce in the US you’ve consented to commercial oversight.

    “Of the four serious violations, one was for failure to maintain a written employer injury and illness program, which James Deen Productions vigorously denies. Evidence of this written program was provided to Cal/OSHA prior to the issuing of the fines”

    Ohhhh soooo you were a day late and a dollar short finally cough up IIPP and now your gonna bitch about the penalty cuz you gave them what they asked nicely for months ago….LOL

    “According to Deen, at no point was any adult performer exposed to any disease while working for James Deen Productions.”

    Really? Hmm I’m calling bullshit on this overly broad statement, haven’t been near JD(P) but he isn’t qualified to make this statement nor does he have anything to back it up. If he had a leg to stand on he would have welcomed OSHA to his IIPP and marketed it as a proven method for others to share his boast of never had an STI.

    “At no time did any performer contract any illness or suffer any injury while working for James Deen Productions.”

    Really? Okay show the f/u testing. I’ll settle for FSC/PASS gold standard and ignore this broad claim.

    “None of the citations issued by Cal/OSHA even allege that there was any actual injury or illness that occurred. The vast majority of the $77,875 in fines was for potential exposure, not actual injuries or even an actual exposure to any illness.”

    Exactly. No free pass cuz the steel beam missed the worker by that much…point is making sure the steel beams aren’t falling.

    Porn and AHF have been poking each other like kids in the back seat on a long car ride for a long time. Prolly should have left that one out …cuz well AHF sorta took a cue from Kink that performers complaints about Deen were credible enough they kicked him to the curb. BTW anyone know how much it cost taxpayers to get & serve that warrant…you know the one OSHA had to get cuz Deen told them GFY Im not giving you shit till he found out not giving them shit wasn’t the way to go?

    “One of the serious citations was for a film in which James Deen performed only oral sex on his female co-performers. There was not a single act of penis-to-vagina penetrative sex in that film. However, Cal/OSHA has made the determination that oral sex performed on a female can lead to “serious bodily injury or death.” This is simply not supported by medical science.”

    Lol…spewed my beverage on the screen. Somebody needs a refresher in microorganisms. Oh my don’t get me started on oral bacteria and vaginal flora ….amazing stuff.

    “Comparatively” works better when the comparison is relevant by relation. BTW those OSHA fines were in addition to current medical costs and civil judgements for lifetime effects against those establishments….prolly don’t want to open that can of worms. IJS

    “Deen stated, “The fines presented against my company are significantly higher and not one person was exposed to or contracted any illness on my sets. I gave the performers the option to perform with condoms; however, they desired not to use condoms and I honored their requests.””

    Aww push it…deeper, harder more …ROFLMAO
    Yes his fines are higher than other porn sets using a code for code violation comparison. Deen is not the example to follow unless you like throwing money away on exhorbitant fines or litigating them to try and make a point. Still calling bullshit on exposure claims. FSC-PASS protocol looks for less than 1/4 of known risks. Without post exposure testing his illness claims amount to claiming you’re a qualified PhD …as soon as they accept the thesis you haven’t yet written.

    “Deen concluded with, “I am just a small production company but intend to do what I can to stand up to AHF and Cal/OSHA dictating to the fans what they should and shouldn’t view in the privacy of their own homes.”

    Really…aren’t you the BMOC (big man on campus) BTW who’s paying for your lawyer?

  3. @BT

    You we’re too kind. Unfortunately I flunked PC. Too much of a hassle. 😉

  4. ““One of the serious citations was for a film in which James Deen performed only oral sex on his female co-performers. There was not a single act of penis-to-vagina penetrative sex in that film. However, Cal/OSHA has made the determination that oral sex performed on a female can lead to “serious bodily injury or death.” This is simply not supported by medical science.”
    Lol…spewed my beverage on the screen. Somebody needs a refresher in microorganisms. Oh my don’t get me started on oral bacteria and vaginal flora ….amazing stuff. ”

    I had the exact same reaction to that. Mr Deen has officially lost the privilege of speaking on the behalf of medical science just like Nina Hartley.

    Makes one wonder where else Deen may have thought it was safe to put his mouth if he thinks cycling cunnilingus through multiple hookers is safe.

    James, be careful where you put your mouth. Putting it on one of those gal’s hoo-ha’s could lead to serious bodily injury or death.
    {CP I took the liberty of making this appear as an image…hope you dont mind….I think it will work for you as well using the editor to add an image or just using the html TY Mike!}
    The More You Know

  5. @cpanz

    James Deen is the kind of punk that makes a girl wanna give him drawer ripping wedgie.. keep pulling just to hear him scream, then laugh when he limps away crying trying to pick the cotton out of his ass. Of course I’d wear gloves to ensure no skid-Mark fecal matter exposed me to poopy germs not covered by still current three shot HepB vaccine to ensure OSHA OPIM compliance. 😉

    Then again maybe I’m just grumpy cuz hubby traveling & well toys just don’t work like he does. Lol

  6. Wow remind me to stay on y’alls good side LOL
    Seriously many of you caught the same things I did, I was even surprised that Fattarosi put his blessing on some of the statements, but then let us not forget who we are talking about here, In my opinion, as well as those of others, Fattarosi COULD have stopped Donny Long and PWL before it even happened, he was friends with Donny and Donny sought his counsel. the emails are here:

    and here

    Nonetheless I love that you guys ring in with good common sense, I can assure you that Michael Fattarosi has read every word, as have so many others….I got an unexpected email today from someone I have long respected in the biz telling me I have “way more support than I know” I want to say thank you to everyone for that support, it IS what keeps me going.

    Have a GREAT weekend everyone, love you long time!

  7. You guys know more about saftey regulations in this biz then I do….with that being said….

    I’m going to focus on ONE line here:
    “….(not) exposed to any disease”

    For the record, it is not the 90’s or 2000’s anymore. Sexually transmitted stuff is no longer considered an STD, it is called an STI and that is a very important difference. Number one, STI helps to removes social stigma. Diseases make people think of incurable stuff, but as we all know…infections run rampant in this industry.

    Now who the hell is going to tell us with a straight face that not one single porn lady or guy EVER ever ever got one infection? Bullshit. Bullshit bullshit.

    @BT you are too kind to Deen, he has shown himself to be an ass, and he doesn’t deserve that kind of sympathy. But bless your heart anyways.

    @Lurkingreader always nails it, and of course she nailed this one too, but it was exceptionally good today.

    Oh boo hoo Deen. Boo fucking hoo. Pay the damn fine and shut up.

  8. @ivy

    Deen isn’t going to pay up he’s gonna fight this, my three wooden nickels say his backers picked the wrong horse for this race. Read between the lines of OSHA PR it’s policy BDSM at its best and Deen is trussed up in a suspension swing. 🙂

  9. What porn has been doing ever since the ruling in the LA County case and OSHA raids is exactly what Max Hardcore did with the kind of content he produced, and Rob Black did when he went on 20/20 and dared the Feds to come after him – they poked the bear.

    I know I sometimes come off like the nanny police and it is not intended. I’m a fan of porn – not a fan of violent or extreme porn, but of porn none-the-less. Heck, I’m a fan of condomless porn – I don’t like to watch condoms any more than the next guy. I like to watch anal and facials and the occasional DP. I happen to hate slapping, spitting, hair pulling and other stuff. That said, porn is a business – it has to play by business rules like any other business. Brothels in Nevada do and get along just fine. There is no porn exception in the law.

    For years – heck, decades – porn played by the rules because the folks who built the industry understood that if you went up to the line but didn’t cross over it too many times, government would mostly let you alone. There was that Cambria list of no-no’s and folks followed it.

    To some degree, I think that started to change with Seymour Butts, who really tried to take mainstream things like squirting, pissing,gaping and fisting. He transformed over the years from the wise guy under the bleachers who could see more butts to stuff with kind of an ugly edge for my tastes. And then, it seemed, everyone tried to top him – first Max, then guys trying to put 50 drum sticks in a girls butt, and Rob Black with his pissing pools, movies like Cocktails and the combination of violence and sex. Everyone dared the government to come after them. Guess what? They got what they asked for. Seymour won, but if you follow the industry, ask yourself: Has he ever been the same since? Max and Rob Black went to jail. They both tried comebacks and they both looked like washed up, broken men.

    Enter James Deen. Whoever is giving him advice is giving him very bad advice. He’s mistaking the fact that he’s popular with Deenagers on social media, gets asked to pontificate about shit on college campuses, and is a very good looking guy with real power. That is the same mistake that Rob Black made. You think you’re a tough guy? Wait till you see the resources the feds have to throw at a problem should they decide to make an example of you.

    Tell a federal agency or law enforcement agency to go fuck itself when they knock on your door, you’re in for a tussle. Deen may fight this, per his letter and get his fines reduced, but he really is just misreading the law. You aren’t excused for being out of compliance because no one got hurt. That’s not the way the law works.

    You don’t escape a big fine just because someone else got a lesser fine than you – not after you told the agency to go fuck itself.

    You don’t sue the authorities and lose on a specific point in court and on appeal, and then shout that you’re not going to take this because no one has the right to tell you what to do. No, dude – they do. You guys lost.

    If he wants to keep telling OSHA to go fuck itself, Deen better have lots of cash or the financial backing of the industry because court gets really expensive really fast. Ask Seymour and Rob Black. He may win, but they’ll break him financially.

    I’ve written over and over on this site that porn has more to fear from OSHA than the LA County ruling because LA County doesn’t want to have to act as cum police. Porn is yucky. No one wants to put on their resume – “during my last job I reviewed pornographic tapes to ensure that talent wore condoms when having double anal sex and did not urinate in each others’ mouths). But, this is what OSHA does for a living.

    Deen needs to listen to one of my favorite Mellencamp songs: I fought the law, and the law won.

  10. @BT you had a really great response, and I hope a shit ton of people saw what you wrote. In the very end, the laws in USA are very strong. Very few people can get out of hot water, especially when they made the mess themselves. My guess is that Deen has pissed off enough of the right people, to make all this stick. Deen’s under the spot light right now, and my other guess is that whatever agencies are watching Deen are very interested in who sticks by his side. That’ll be the most corrupt bunch of them all, and if those people are fools, they are leaving behind a snail’s trail.

  11. I understand the desire to pile on Deen in this case, and the response exhibits a level of denial that is amazing and not restricted to Egypt. I just want to ask about one point: did the dental dam crap really make it into the OSHA code? Wasn’t there something a while back about that getting shot down or removed or something? Obviously not, but wasn’t there some story about this a while back?

  12. @spawn

    I’m not piling on Deen, however he is the subject of the most recent run in with OSHA. Trust me if I was picking on Deen he’d know it.

    The ‘dental dam crap’ per industry media did not pass. Even if it did 5193.1 (the code that was defeated 2/18/16) would not have applied to Deen. His proposed fines correspond with the 1992 BBP (blood borne pathogen) regulations. The Citation is for a Jan 2016 inspection, if 5193.1 passed it would not have been effective until 4/1/16 or later if it got held up in adminstrative law review.

    What happened here is what I predicted when lesser site commenters came to gloat..,I asked if they really won….they didn’t because no agreed specifics left it up to OSHA to decide what they deem adequate prevention.

    In this case Deen/atty says the fine relates to no dental dam barrier protection. Without seeing the actual citation data I don’t know more than they’re saying about the specific portions of the fines.

    It’s been a ongoing saga of stories since 2004 for porn and since 1986 for everyone else affected by the 1991 Federal BBP standards.

  13. The fine for lack of dental dam, which Deen claims, may have been piling on by OSHA, but they also cited him for not using condoms. Remember, in his response, Deen states that he didn’t use condoms because he gave his performers the option of a condom shoot, they said they didn’t want a condom shoot, and he respected their wishes. Employers do not have the choice to comply or not comply with the law just because their employees would rather not comply.

    Let’s say the dental dam thing gets tossed; he’s still got the condom violations. Moreover, he has put in writing that he was not in compliance with OSHA regulations because his employees said they’d rather not be in compliance, and, that in his opinion, no government agency has the right to tell him what to do. He more or less said he’s going to keep doing it to protect everyone’s rights.

    You know how you get warned that anything you say (or write) can and will be used against you? Deen’s response is Exhibit A, about why you keep your mouth shut. If this goes to some kind of hearing, I guarantee you his response is going to be used against him and will probably mitigate against giving him the benefit of the doubt. Any lawyer who reviewed or helped him write that response should be shot, unless that lawyer is as cocky as Rob Black when he dared the feds to prosecute him – before he went to jail.

  14. Brian is going to be “hung” out there for the Porn Industry and made a puppet for Adult Industry because he has never caught any diseases doing porn and kissing other guys. He is the dude.

  15. Crunk, do you mean James? The only Brian I can think of in the industry is Brian Berke and he is a talent agent, not a performer. Or are you commenting on another (likely old) article and somehow the post made it here instead?

    As for OSHA, the state’s treasury department and about 500 cameramen, grips, production assistants, makeup artists, film editors, etc. can thank them when porn decides to tell California to fuck off and moves to a more hospitable business climate. Even if Las Vegas starts harassing porn to keep them out of town there is always New Hampshire. There are two or three porn companies producing out there (I can think of one very cute woman whom I won’t rat out to Weinstein and his frigid, priggish friends working and reading this site for him that would be a big target if state officials wanted to run the industry out of NH as two of her sites are gay porn), we don’t hear of OSHA trying to run porn out of the state there (I think I am safe in assuming they have some sort of worker safety agency although knowing NH’s politics they probably do as little as they can get away with in that regard).

    In the 70’s someone (likely a mafia boss) would have paid a contract killer to torture and kill Michael Weinstein and society would have been better off for it. It is sad that one man’s crusade against an industry can be this successful. It is too bad Michigan still has a fornication ban, if people could convince our legislators (of whom a fair number are religious zealots but tend to love any proposal to create jobs in the state) to pass legislation eliminating the fornication ban and any related prostitution laws (I think our governor would sign such a bill if it made it to his desk assuming the porn industry would agree to move here — which if our state opened that door most of the industry would likely do). The industry wouldn’t have any worries about OSHA (a $500 fine once every year or two can be chalked off as a bribe and the cost of doing business), no worries about the condom police and the cost of living here is less than half the price of Los Angeles or San Francisco.

    🙂 (joke) Wouldn’t it be nice if the biggest worry porn had is finding men with big enough dicks to perform — the lakes on three sides here in Michigan are proven to shrink dick (and pussy) development so our men only have one to two inch dicks. However, the women all have thimble-tight pussies that cum immediately when a man attempts to fit his erect dick in them. Even Rob Black could do porn with Michigan women (he has a microscopic tip-less dick with even smaller balls thanks to prison gangs at La Tuna) or take Michael Weinstein’s AIDS infected dick up his ass in a gay cream pie scene for Treasure Island Media called “He Takes It All”. (joke). 🙂

  16. My friend, I live in New Hampshire. If there is a porn industry in the Granite State, it flies way, way under the radar. Ditto the rest of New England. I’m not saying no porn is produced here, but it sure as hell ain’t advertised. And, as a New Hampshire business owner, I can tell you that the state regulates the hell out of business because there are no state sales or income taxes. The 603 always gets its share of the pie.

  17. I followed the Max Hardcore cases for quite awhile. He asked for it and he got it. NEVER fuck with the Feds. Rob Black, he was worse than Max and that dipshit really really ruined himself and others. I really never paid attention to Seymore Butts so I don’t know if he was worse than Max or Black but off the bat I can’t imagine how he could be. At least Max made decent porn for 3 or 4 years but after that he was off the rails and the quality of his stuff dropped thru the floor. James Deen ‘s life is about to get a whole lot more interesting.

  18. Wow mharris who’ve you’ve been chatting with? Whoever it is has seriously knotted knickers and doesn’t know shit about OSHA.

    The fines Deen just got hit with correspond with the federal OSHA standard adopted in 1991 and they are applicable in every US state & territory.

    Colin is in NH updating their model bill of performer rights, sponsoring the consent panel to address his most pressing threat…a disgruntled performer calling OSHA. He’s spent too much time & money building his business to piss it away via a situation that could have been avoided.

    Two years ago Kink was threatening to convert the Armory into offices and beat feet out of CA. They stayed, it made no sense to start over anywhere else in the US. He has connections in every state and more in cities where strip clubs are so if he’s staying in SF it’s not just the easy access to willing performers. He could find that in Syracuse. If he wanted to build a massive studio there are lots of reservations that would roll out the red carpet for a cut of his gross receipts.

    Just to reassure you and other misguided folks about me on “I can think of one very cute woman whom I won’t rat out to Weinstein and his frigid, priggish friends working and reading this site for him…” The one and only contact I’ve ever had with anyone from AHF was an email to Ged Kenslea to correct a typo….moratoria vs moratoriums he replied with a polite TY 😉

    You’ve been watching too much TV if you think 70’s Mafia would have killed Weinstein. Before there was FSC there was a large group of east coast businessmen who funded litigation to overturn antiporn laws while they fought publicly against Labor, OSHA and Health dept regs threatening to shut down their legitimate revenue streams.

  19. Didn’t say you would be the rat, Lurk. Weinstein’s rats are directly on his payroll and read this site but don’t comment on it.

    As for the 70’s Mafia, I have a book containing interviews with most of the people in the biz at that time (and some of the FBI agents trying to take them out of business). It is mentioned at least 10 times in that book that the Mafia funded many of the biggest porn flicks of the 70’s and early 80’s (and went so far as to send accountants to the renting theaters to monitor ticket collection — making sure the theater owners didn’t try to cheat the movie’s owners out of their percentage). If you think that Weinstein wouldn’t have been killed off back then for his attempts at running porn out of the country then you need to do some research. They might not have killed cops but Weinstein isn’t a cop and would have been fair game for their enforcers.

    As for OSHA, there may be federal regulations but the states enforce it (there may be two or three states where the feds enforce OSHA regs themselves, there were years ago). The states have just about free rein as to how and when they do so, California just has a heavy hand at it. Also, New Hampshire is that other state that is noted occasionally as having law specifically allowing adult films to be made there. I don’t see the larger producers that have already moved there complaining about OSHA raids and one woman’s company (you probably know who she is although I won’t help Weinstein by writing her name here just in case he wants to spread his anti-porn bullshit to her backyard, she is a hot chick with big tits, a large collection of white sweaters and an even bigger smile) has a couple of gay sites as well as several straight ones.

    Lastly, regarding relocating to an Indian reservation, that is one I didn’t think of. There aren’t any OSHA regs at all on those — they are considered their own nation/country and almost completely free of US and state regulation and what few US regulations are left are being declared unconstitutional or a treaty violation by higher courts quickly. The biggest problem is the elders running the reservations might not want their granddaughters working for Kink once they see what Peter and Co. produce (contrary to popular belief in the post-50 Shades society not everyone is kinky — too bad for me, I could use a few more kinky cute chicks to choose from). You could say there would be a lack of local talent but Peter flies 70% of his talent in from LA now so what is the difference if he flies them into SF or Bumfuck, (fill in the blank) Indian Nation.

  20. Seymore Butts porn was actually relatively tame IMO, he preferred to play with woman’s asses if I recall. As for Max Hardcore, he deserved every dick (preferably leaving AIDS infested cum) that the five bubba gang at the federal prison forced up his ass for what he did to some of those girls.

    As for Rob Black’s porn, it was actually (although the one movie was reprehensible in content) as a rule not quite as bad as Max’s. It is daring the feds to come and get him, his making one movie that not only crossed the line but dumped gas on it, set it on fire and blow-torched the surrounding 50 square miles of whatever was on it that got him royally fucked. I wish Jim Cornette (YouTube his name and listen to a couple of his interviews) would have been a porn director instead of a wrestling “manager”, his rant on Rob would have been priceless — he would put my ranting abilities to shame. Rob also screwed up involving his wife in his obscene bullshit (granted, Lizzie Borden isn’t a prissy, weakling, innocent woman herself), if that would have been my sister he married and then sent to prison he would have had about ten of her cousins, a few other assorted relatives and me with baseball bats waiting for him on the prison steps when he was released — he would have been the first released inmate rushed back into prison before even leaving prison property as he would have needed to go the infirmary for medical treatment after we got done with him. On top of that, Rob Black bounced so many hundreds of checks he is lucky he didn’t do time in San Quentin for his rubber check writing (legally called uttering and publishing in MI, I would have to check on the legal terminology in CA) on top of his time getting forcibly fucked by ten gang-banger dicks twice a night in the dormitory showers at La Tuna (while we are on that, I wonder if La Tuna smell like pussies with yeast infections with that descriptive name).

  21. I decided to comment on James Deen, too, schlermy. I would have to see a few of his “directorial masterpieces” to comment on the likelihood of him being prosecuted for obscenity. I suspect James is too smart to get himself in that kind of trouble on his own, the worst of his hijinks was his night at Kink with Nicki Blue was egged on by Princess Donna (I have seen the blog post and pictures Donna made about that in about 2009, fortunately for her the statute of limitations expired on that shortly before the incidents with James blew up the press and the blog post has been removed from the Kink site — years ago). The rest of it was mostly acts that would get him a misdemeanor conviction at worst, maybe that night on TUF would get him a low-level felony. I am going to leave Stoya’s accusations alone as I suspect something did happen, probably criminal but only two people know what really happened there — Stoya and James.

  22. @mharris

    Just trying to reassure you as some have erroneously credited me with more than a hobby interest in this policy and how it plays out.

    Fuck your book! I lived in NJ and NYC in the 70’s. The ‘Mafia’ certainly did watch over their workers like a hawk…you didn’t want to get caught skimming or snitching. They also respected people who provided services beyond the scope of their established businesses and negotiated with them with respect to all competitive & crossover activities. Nuff said.

    The following OSHA plans have state/territory paid employees…
    Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, and Wyoming.

    Some of the above states also have federal OSHA employees to enforce Federal OSHA standards for state and federal workers who are not covered by the state plan. Some very large nationwide corporations have agreements with Fed OSHA exempting them from variable state oversight. All states & territories not listed above OSHA offices are staffed by federal employees. This is the same for USDA and too many other federal agencies to list.

    The variable state oversight has more to do with local politics than OSHA itself. Sorta like state & regional offices of the FBI…all federal employees but outsourced to local jurisdictions. AHF has a presence in several states. States do not have free reign, only four states (CA, MI, OR & WA) have separate standards from the federal regulations. They have to submit every standard for review and compliance checks with federal standards before it can become a rulemaking document. In other words unless a standard could be applied federally it can’t be adopted by a state.

    States choose to run their own plan because the federal treasure gives them 50% funding and allows them to place all revenues into the state treasury.

    Reservations are not exempt from all US laws, they have their own corresponding regulations for labor, wages, building inspections, road maintenance etc. their tax exemptions are phenomenal though. A lot of their funding is dependent on compliance just like states …that’s what treaty’s are for.

    Sometimes I wonder if you talk out of your ass your ass cuz you want me to go all Dom on you.

  23. PS Maharis each day my inbox has a list of notable OSHA fines across the USA. CA & porn aren’t even near the top.

  24. @mharris127 I just gotta say dude, it sounds like you haven’t hung around shady people very much, you do seem to have a movies/tv show kind of view about ….whatever. When you mention 70’s mafia, kinda makes me…glaze over alot of what you’ve written today.
    You ever lived in any poor areas? Hang around idiots who sell dope or have guns some where? If ya did, I think you would be a little more clear eyed, and you’d see it’s not like there’s a big “conspiracy” or romanticizing how a 70’s mafia would “hit Weinstein”. Maybe I’m wrong on this, but that’s just the impression that I get from you, and not trying to drag you. Just saying there’s lots of people who have grown up in America, where generations have had to get by doing shady shit. It’s really just a fact of life, I mean to be honest if you want to romanticize about the “mafia” take a look at Europe and the Middle East, where criminal communities ties are stronger. Here in the USA, no doubt, laws are pretty strong, anybody who’s anybody doing anything is NOT going to want to have anybody they know hit the headlines. They probably don’t even use the internet (Cause if they’re smart, they’re not gonna trust it. And smart phones). So. Just my two cents buddy.

  25. @Ivy and just to add to my last comment, there’s a lot of literature (you can google google scholar) about how breakdown of laws, society and “civilization” opens the door to criminal elements, hence they are called, “grey areas”. If anything, read about narcoterrorism in South America, South East asia, or the book, “War Lords Inc” by Noah Raford, Andrew Trabulsi, which is a collection of essays about …well you get it. I think you would like it! It can be a dry read at times, but all people who work at the fed level and who deal with that shit every day. It’s healthy to be deathly scared of the fed, they will fuck you up. No joke. Some scary people have be assholes so they can be good at their jobs. Some of my favorite books of all time, cause they are real cloak and dagger stuff and fun to read: “The Human Factor” by Ishmael Jones, “The Art of Intelligence” by Harry Crumpton, “How to break a Terrorist” by Matthew Alexander.
    One of my fav books about the 70’s mafia is called the “Hit Men” by Fredric Dannen. I have a big reading list, because I am interested in war, terrorism and criminality and politics, but you get the picture, lots of goodies out there that are real, current and modern and plus we’ve been at war for 15+ years. Murica. Ya do not fuck with ‘Murica.

  26. @ivy

    The grey area is it exactly. It affects every aspect of the town. The guy with the produce truck drops by to leave special fruit and didn’t worry about waiting for a truck repair he had to make payments on. It happened. So much stuff will never get written in books cuz it was jst another day. kids might have slashed weinstein’s tires or some shit like that and got slapped upside the head ..WTF you think we ought spend money to knock him off? Okay tough guy who’s gonna get the gov grants to treat HIV you got that kinda cash floating around….lol

    Some people talk about the mob like a presidential candidate talks about eating for a month off food stamps. They drive over the bridge and have no clue an entire world is living right beneath their feet.

    Anyone else f welling nostalgic for ‘Under The Boardwalk’ a Max’s or Windmill hotdog or Wizards World Arcade?

  27. By porn standards, Seymour Butts was nothing like Max Hardcore or Rob Black. What got him in trouble is that the anal stuff he was doing became more and more extreme. He added lots of squirting (OK, lots of peeing) and, what really got him in trouble was fisting. Now, in the jaded world of porn, one can say – fisting? Who the heck cares? But for years, that was on Cambria’s Don’t List and was considered obscene by the feds. They prosecuted.

    Seymour won. Yeah for fisting!!!! But it cost him dearly in terms of legal fees and he has really not been the same since. What is the last thing he has produced?

  28. @lurkingreader I have a great amount of respect for you and love that you write so often on Mike’s site. I mean honestly people can get stuck in their own daily lives, never looking beyond their own feet. This is why the internet is so empowering, it is a free flow of information that balances the unfairness in this world. See, mob was romanticized because there was no internet, no free flow of information. Now with cameras in smart phones, and youtube and twitter people cannot brute force their way through this world. People are no longer bound only by judgement from the law, it’s made all of us more acutely aware of those that care to pay attention to joe smoe who is doing something really fucking stupid, wrong, immoral. Blame reality tv all you want, but now information is a spectator sport. And people in porn, if you don’t get that, I don’t know what to tell ya. You can’t lie your way out of a scandal, you have to own up to it and figure out what ya gotta do. This is why Diane Duke probably hates this site. Well, guess what Diane? Oops too fucking late, your dirty laundry is out in the open and every one knows what ya did to the industry. James Deen too.

  29. @Ivy

    TY, in some ways I think the Internet kills a lot of the info flow with directed interest algorithyms. The Italian mob was glorified, the 70’s was Italian, Asian, Irish, Jewish, Black…none of them worked in a bubble. Italian & Portuguese brickmasons used to beat the shit out each other every payday & mix mud like nothing happened on Monday. Didn’t matter where you went in town if your face looked like your family and you were drinking in plain sight …word didn’t get back you were drinking…worked got back you were drinking screwdrivers. I kid you not…smoking…they knew whose parent we took them off of by the brand. Now unless a kid rats themselves out on social media who knows where they got the contraband 😉

    YouTube has killed the thrill of watching someone singe their ass being stupid lighting farts on fire. It’s vicarious bullshit and can’t compete with the real thing. But everyone is famous now.

    I think Duke liked reading this site & the comments because it helped her rephrase the FSC narrative via mainstream opinions on stuff. can’t see her being bothered now that she’s moved on unless her new paymaster gets mentioned. James Deen will either be another name that comes & goes or this will be a ‘ugh yeah that sucked’ chapter in his life someday. This is way bigger than finding out he walked with shitty TP stuck to his shoe for hours.

  30. Ya know, I just have to laugh when I see how the industry continues to respond to this OSHA mess. LOL Deen gave his performers the choice to use condoms, is he kidding, does he really think that is going to fly.
    The entire industry fought against the specific regultions and guess what, they won, and by winning OSHA just stated that the old standards are still in effect, and are the law of the land, which James Deen recently found out.
    But the funniest part is ALL of this could have been avoided years ago. EVERY SINGLE BIT of all this OSHA crap could have gone away years ago, instead the industry just didn’t want to pay thier bill. They ripped off the wrong person and then said to him “What are you going to do about it?” Well look where you are now folks, and you’re welcome, you cock sucking assholes.

  31. Yes, your honor, it was my car and my best buddy was drunk on his ass when I gave him the keys. I asked him if he wanted me to drive and he said no, so I respected his wishes.

    Yes, your honor, I knew it was wrong for my wife to lay our baby down on the floor of the car. I asked her if she wanted to use a car seat and she said she’d rather not, so I respected her wishes.

    Yes, your honor, I knew it was wrong to include an open bar at my kids’ high school graduation party. I asked them if they thought underage drinking was a good thing and they said yes, so I respected their wishes. I even threw in some weed for good measure.

  32. Hey JIlted good to see ya.

    Lol BT….but ma all the kids was jumping off the bridge.

  33. I am not claiming the rules aren’t “technically” there. I am saying that at least here in MI they are selectively enforced (as in barely). OSHA here is a joke unless someone has a limb cut off or is killed in an industrial accident. Even when they do cite for a violation the fine is so small that it is cheaper to pay the fine than to correct the problem. Our state officials don’t give a fuck about bodily fluid disease transmission unless it involves a doctor cutting his secretary open, pissing or shitting in her body cavity (not in any natural orifice) and gives her AIDS, herpes, gonorrhea, chlamydia, syphilis, an internal yeast infection and a roaring staph infection. I know of employers that haven’t seen an OSHA official in decades (if ever) including one with more industrial injury lawsuits/settlements against it than you could count including an employee pouring molten metal down his work boot because of a defective foundry ladle (he got a boatload of money out of that one as well as lifetime employment and the company voluntarily made changes to equipment to prevent it from happening again) — they didn’t as much as get a phone call from OSHA. I know we also never heard from OSHA at either credit union I worked at, either (even after a robbery) — and I would have been the contact person for them as the banking compliance officer (they were too small to have dedicated worker safety departments so as the person with the closest job title I would have been drafted for that job). I am definitely not talking out of my ass here, Lurk. I might not be able to comment on Ohio but here in MI I am well aware of how government works.

    As for you domming me, Lurk — send me nude pictures of you; front, back and both sides. If you are attractive enough I might just let you dom me.

  34. James offered AHF type condoms but his performers said no! They wanted to FSC way of performing. Remember, James Deen is the KING of the Jews and the chosen one.

  35. @mharris

    Please stop talking out of your ass. OSHA doesn’t pick who makes the complaints they prioritize. MI economic base is industrial manufacturing and high percentage union worker state so no surprise that incidents large & small get reported. As for small fines it’s bullshit…it doesn’t even phase me when I see 300k on a proposed fine from MI.
    Click on MI if you think I’m talking out of my ass.
    CASE farms in OH has been hit with proposed fines of over one million US dollars in one year.

    The reason some death investigations result in small fines is because the establishments are in compliance with OSHA when they report the incident. Keep in mind the employer & workers arent the only people OSHA talks to. They interview first responders and any media that got close enough for a look see too. Those are immediate drop your fucking lunch, cancel your plans type calls. The establishment spends days opening file drawers or pulling data fields from databases to give OSHA everything they ask for while the workers get paid time off per the union contract.

    Tell me how many porn production company’s are working as a registered business entity in MI? OSHA deals with registered businesses, other Labor agencies deal with unregistered entities.

    Lots of shady businesses payoff their people and make changes to avoid that same problem down the road…some wind up in jail too. They are not OSHA compliant and it’s cheaper for them to pay off a working grunt with a settlement and keep them on a lifetime retainer to enforce the NDA than cut into their bottom line making sure they’re providing a safe working environment.

    As for the credit union, it’s quite possible you never heard of OSHA not paid attention to the salary paid to their ‘compliance officer’ I assure you they had someone accountable for worker safety. In 1983 a three branch S&L I worked at paid a board member a $100 weekly stipend to clear his desk if we ever got in hot water. Came in handy when an ambulance & OSHA had to be called one day when a teller tripped walking into the vault. No violation but we were no longer allowed to wear shoes with heels that could get stuck in the vault entry/ventilation grate. As retail branch manager for a commercial bank I was compliance officer …the bitch that wrote up coin tellers who overloaded bags from their max or idiots who didn’t use a cart to transport bundled cash. Anything over 70lbs was an automatic violation and clean sailing for WC cases. I spent three years working with a buddy who owns coal mines in the US & abroad. Florida residential & commercial building too. For over 40 years I’ve either directly or indirectly been hands on in all 50 states dealing with food service & hospitality OSHA issues. That includes evertything from hotdog carts to 40k SF processing facilities, stand alone restaurants, hotels, central kitchens, amusement parks, airports, local fairs, even jails. I don’t talk out if my ass when it comes to OSHA….I give my opinion and tell people to hire a qualified lawyer in all 50 states.

    I think everyone has a picture front, back & both sides of how you just got a serious ass whipping.

  36. Mharris

    If you want more…look up how gov agencies use SIC and NAICS code numbers to define and allocate resources.

  37. I am aware of someone being responsible for OSHA regulations. At the first CU there were two people responsible — whichever one was in the office at the time, the CEO or me. The CU only had nine employees, five of them were tellers, the bookkeeper, the loan officer/assistant manager, the manager/CEO and me so I was intimately involved in just about everything that happened there. None of us heard a peep from OSHA even after a robbery where two people were (although not physically harmed) off of work for quite a while from it. We also didn’t pay anyone to clear our desks if OSHA showed up or if there was a workplace incident — we didn’t try to hide anything from government officials although other than the NCUA examiner none ever showed up.

    As for porn companies in MI the fornication law keeps them out (that has nothing to do with OSHA). I know of one porn producer here — and they stay under the radar as much as they can and don’t do many scenes where OPIM is even an issue as they mainly stay away from actual sex acts (they have done some self-masturbation scenes), staying with bondage, fondling and police role-play.

    As for a proposed fine, the inspector can theoretically propose any fine he wants but the LARA (the agency administering OSHA in MI) officials have to approve it to actually be enforceable (and even then the fines can be appealed, theoretically all the way to the SCOTUS although my understanding is most of the cases nationwide are settled after the applicable lower court’s or ALJ’s decision affirming the fines). At least in my area of the state (maybe it is different in Detroit where the UAW (United Auto Workers, the main employee union in the automotive industry) probably makes reports on every paper cut and hang nail attributable to their members’ employers, maybe because of the union getting pissed off and going over LARA’s head directly to Washington the state decided to make a show for the feds and fine a few of the largest employers .000000001% of their revenues to shut the feds up, that would explain the $300K proposed fine which was probably reduced in committee) OSHA is seldom heard from in my area of the state unless something very serious happens — something serious enough to make headlines (look up the Eberhard grocery store incident where two guys fell in an unprotected box compactor and were crushed to death for a rare instance of MI OSHA actually fining the piss out of a company, their million dollar fine along with civil court judgements in the millions of dollars put that chain out of business in about 1990). If they looked for trouble that foundry where the guy poured molten metal into his shoe would have had the fuck fined out of them (and honestly, they should have — that was beyond the pale and justified a multi-million dollar fine IMO). I don’t even recall any reporting requirements when something happened although if an insurance company required to pay off on an injury claim thought it appropriate I am sure they can and do report themselves. If someone were injured seriously (whether it be employee or member) at the CU we were required to contact our attorney, though — I would think if we were required to report to a state agency he would have told us what to do. I know we did not call or report to OSHA after the robbery.

    Lurk, now you are the one with rope marks on your wrists and ankles from being hog-tied, cane marks on your ass, thighs, tits and legs along with having been cattle prodded and an electric dildo shoved in your lady bits (yes, electric-shock dildos do exist). You can read about proposed fines all day long, I have and know people with actual experience in this line of governmental regulation on both sides — management and injured employees. I will concede that the UAW may make enough of a stink in Detroit (I haven’t worked there nor do I know anyone working out there in any of the auto plants) where they have a stranglehold on the auto companies and won’t cause a plant to close by reporting every hang nail and paper cut — explaining your database finds but in northern and western Michigan OSHA isn’t a big concern of employers. I would love to send OSHA, the IRS and a few union organizers out to the Koch brothers’ plants, though (although they have closed most of them in MI, they bought a lumber making operation with plants in the Alpena area in the early 2000’s) — those assholes need to sweat a few billion in fines.

  38. @mharris

    If you were that intimately involved you’d know OSHA doesn’t initiate contact. If no workers were harmed in the robbery there was no requirement to report the incident to OSHA. So much for your skills at tying me up.

    Keeping a compliance officer on retainer isn’t about hiding anything aka cleaning desks. It is about knowing what relevant information to turn over. In the case when a teller got shot we had to turn over contact information for every worker present…that is contained in their protected personnel records and must be obtained by selecting data fields. Some situations required allowing access to paper files so we opened the drawer and watched carefully to ensure they did not remove anything they should not be taking. For anyone curious yes we did record every absence with stated reason on OSHA compliant forms. Doing so covered our ass when tellers quit and tried work related stress WC claims.

    Workers Comp, unemployment and liability insurance claims as well as civil suits are all minimized with OSHA compliance. Worker safety is why a teller is fired for exceeding their drawer limit or not handing over the cash without question.

    The retail worker who chases a shoplifter and gets punched in the face is shit out of luck if the employer documented the ‘do not apprehend’ shoplifter training. Their Ambulance & ER medical bills will probably be paid but good luck getting anything else…lawyers look at them sympathetically and say they’re too busy or can’t handle the case. If the worker wasn’t trained or the training wasn’t documented labor and personal injury lawyers will take a shot at it if the money is right. They’d also ask a lot of questions to see if they should file an OSHA complaint to help their case.

    The porn producers in MI question was related to your assertion that state officials don’t care about BBP /OPIM …why would they? How many MI workers are affected? Injured or diseased losing wages to lost paid days at work?

    OSHA inspectors can’t pick fines out of their ass. They must consult charts and supervisors for any serious, willful or repeat violation multiplier to insure they have documented violations to merit such a proposed fine. fines aren’t litigated the merits of the underlying violation are what’s really litigated.

    I wouldn’t be surprised if large auto plants are recording every bandaid disbursed. Many restaurants have a log next to the first aid cabinet or keep the cabinet key on a clipboard with a log. This isn’t a union going over the employers head thing, the union trains workers to use OSHA processes to document any issues to help them at the bargaining table and help the employer with OSHA compliance so they aren’t facing dozens or hundred of violations if or when something big happens. CASE farms or Factory Video would be good examples of the flipside on that coin.

    ” I don’t even recall any reporting requirements when something happened although if an insurance company required to pay off on an injury claim thought it appropriate I am sure they can and do report themselves.”

    Check out for reporting requirements.

    Coming back to porn. Watching the spin over this Deen situation makes a girl wonder. In January lesser sites reported Deen wasn’t present and no violations were found…now Deen says he gave performers a choice blah blah blah. Something happened there, it’s just gonna take time till it plays out.

    Please don’t come back to say noone ever died on a porn set…it’s an invitation to police records where individuals died in a home or hotel and the lights etc weren’t stashed as well as the drugs or weapons. Those rogue situations make Factory Video 29 violations look like a union shop. OSHA knows it happens but they leave that shit to the cops to sort out, they focus on places where they can make a difference to promote worker safety and prevent lost wages.

    In all fairness osha regs aren’t one sided.The US has expensive labor regs which is why an electrician falling from a 53 story building construction site is nationwide news not an everyday occurance. Kink didn’t fight OSHA over fines they were trying to minimize violations to mitigate lawsuits. Them kicking Deen to the curb is no different than a retailer firing the guy many want to hail as a hero…apprehending a shoplifter doesn’t make them a hero…it makes them the villan that could cost everyone their jobs.

  39. Btw a couple days ago when I mentioned AHF has a presence in several states…and that states don’t have free reign. The union situation you mentioned was a federal complaint against a state plan.

    5193.1 is a porn game changer like no other.

  40. I am going to leave this argument where it is for the most part. However, no one can honestly say “no one (ever) died on a porn set”. There was a guy that got fired for threats and overall being psychotic (and being allowed to continue to live in the studio’s in-studio apartment for a short time after this took place), showed up his former employer’s studio (he was living in the building so he had legal right to be there) and stabbed/killed several people a few years ago (and when cornered by the police then got shot by the police IIRC). I didn’t hear about the ensuing investigation but I would bet OSHA (if people getting stabbed to death due to an employer not mitigating a known risk like the one — probably by cancelling/changing the location of the shoot or providing security and definitely by contacting authorities with the threats to get a restraining order allowing them to kick the former employee out of his in-studio apartment immediately — in this case isn’t a violation I don’t know what is), the various police agencies and the studio’s insurers had a field day with that one.

    I am not advocating the elimination of OSHA, I am advocating common sense. Requiring condoms in porn is asinine and a regulatory overreach. It also is cover for certain persons desire to eliminate porn for other reasons (all overly moralistic reasons) using OSHA to do it. If someone falls off a steel beam fifty feet above the ground due to lack of a safety harness OSHA can fine the fuck out of them. If a studio creates the conditions for someone to come in and stab the fuck out of people then fine the hell out of them. If consenting people understand the risk of VD and voluntarily participate in a legal activity (even though some portion of the populace hates that activity), the government should leave them alone.

  41. @mharris

    Neither OSHA or WC was involved in the events you refer to..those were left to other agencies.

    Right now Cal/OSHA is working on two workplace violence petitions. One is specific to nursing the other is slated as general. AHF is adding workplace violence to their PR narratives. That is a bigger content threat than condoms or dental dams. Condoms & dental dams can be near transparent or incorporated in sex play …violence leaving marks such as caning or electrical shocks could be a problem if workplace violence goes through. Right now a director who went too far leaving permanent marks holds up ambiguous contract language like a protective shield…the performer signs a contract agreeing to marks that may take days or longer to heal aka bruises and has no recourse if permanent marks are left because they blew off the fine print clause covering ..a risk of peranent scarring, muscle or nerve impairment disclaimer. Those work for surgical procedures but not so much in labor situations.

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