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Attorney Sonny Pro Bono writes: So much attention is being paid to the condom provisions in AB332 that some other parts are being overlooked.
Basically AB332 takes SOHA section 5193 and makes it a state law. But lets take a look at another provision of the law that porners are going to hate as mcuh as the condoms, because it requires producers to spend money.
“An employer shall make available the hepatitis B vaccine, AND ALL MEDICAL
FOLLOW UP,required by section 5193 of title 8 of the California code of
regulation, for any employee engaged the production of of adult films, AT
THE EMPLOYERS EXPENSE.
This means THE PRODUCER must pay for testing and treatment of every person
who comes in contact with OPIN, which means virtually every single
performer. The law also states that “The employer shall designate a
custodian of records for purposes of this section.
Here is why producers will hate this. First and foremost they are required
to pay for testing of every performer who has contact with infectious
materials, but there is something more important here.
If any performer tests positive for any disease the PRODUCER is required to pay for any and all testing and treatment for anyone who was exposed to that person who tested positive.
These regulations have always been on the books but never enforced by
OSHA. OSHA has cited companies for other things, but always gave a pass
regarding these specific parts of the 5193 regulation. Not any more, and
requiring producers to pay is not a first amendment issue either, it is
exactly the same thing that any other company has to do. Welcome to the
world of responsibility Mr. PRODUCERS, get out your wallets.