@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.

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.

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.

@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 OSHA.gov 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.

mharris127: a fountain of misinformation and meandering diatribes.

I’ll have to do that, Lurk.

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.

Mharris

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

@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.

https://www.osha.gov/topcases/bystate.html
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.