The Text of California AB 332 Regulating Health Issues in the Porn Workplace: In Other Words Pack Your Suitcases

ASSEMBLY BILL No. 332 Introduced by Assembly Member Hall February 13, 2013

An act to add Section 6720 to the Labor Code, relating to
employment.
legislative counsel’s digest
AB 332, as introduced, Hall. Occupational safety and health: adult
films.

The California Occupational Safety and Health Act of 1973 establishes
certain safety and other responsibilities of employers and employees.
Violations of the act under certain circumstances are a crime.

This bill would require an employer engaged in the production of an
adult film to adopt prescribed practices and procedures to protect
employees from exposure to, and infection by, sexually transmitted
diseases, including engineering and work practice controls, an exposure
control plan, hepatitis B vaccinations, medical monitoring, and
information and training on health and safety.

The bill would define terms for those purposes. The bill would require the Occupational Safety and Health Standards Board to adopt emergency regulations to implement these provisions by July 1, 2014. Because a violation of the act would be a crime under certain circumstances, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 6720 is added to the Labor Code, to read:
line 2 6720. (a) The Legislature finds and declares that the protection
line 3 of workers in the adult film industry is the responsibility of multiple
line 4 layers of government, with the department being responsible for
line 5 worker safety and the county being responsible for protecting the
line 6 public health. Therefore, this section shall not be construed to
line 7 prohibit a city, county, or city and county from implementing a
line 8 local ordinance regulating the adult film industry if the local
line 9 ordinance is consistent with this section.
line 10 (b) For purposes of this section, the following definitions shall
line 11 apply:
line 12 (1) “Adult film” means the production of any film, video,
line 13 multimedia, or other recorded representation of sexual intercourse
line 14 for the sexual stimulation of the viewer that may involve exposure
line 15 to bloodborne pathogens or other potentially infectious materials.
line 16 (2) “Employee” means a person who is an employee,
line 17 independent contractor, or unpaid individual, regardless of whether
line 18 the person is shown in the adult film, who performs a penetrative
line 19 sexual act or an act for the sexual stimulation of the viewer that
line 20 involves exposure to bloodborne pathogens or other potentially
line 21 infectious materials.
line 22 (3) “Employer” means a company, partnership, corporation, or
line 23 individual engaged in the production of an adult film. There shall
line 24 be a rebuttable presumption that the name on the material for
line 25 commercial distribution is the employer unless there is evidence
line 26 to the contrary as demonstrated through contractual or employment
line 27 records.
line 28 (4) “Sexually transmitted disease” or “STD” means any infection
line 29 commonly spread by sexual conduct, including, but not limited
line 30 to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital
line 31 human papillomavirus infection, and genital herpes.
line 32 (c) An employer shall maintain engineering and work practice
line 33 controls sufficient to protect employees from exposure to blood
line 34 and any potentially infectious materials. Engineering and work
line 35 practice controls shall include, but are not limited to, the following:
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AB 332 — 2 —
line 1 (1) Simulation of sex acts using acting, production, and
line 2 postproduction techniques.
line 3 (2) Provision of and required use of condoms and other
line 4 protective barriers whenever acts of vaginal or anal intercourse
line 5 are filmed.
line 6 (3) The provision of condom-safe water-based or silicone-based
line 7 lubricants to facilitate the use of condoms.
line 8 (4) Plastic and other disposable materials to clean up sets.
line 9 (5) Sharps containers for disposal of any blades, wires, or broken
line 10 glass.
line 11 (d) An employer shall maintain an exposure control plan in
line 12 accordance with Section 5193 of Title 8 of the California Code of
line 13 Regulations. An employer shall not be required to comply with
line 14 any provision related to establishing and maintaining a sharps
line 15 injury log.
line 16 (e) An employer shall make available the hepatitis B vaccination
line 17 for any employee engaged in the production of adult films, at the
line 18 employer’s expense.
line 19 (f) An employer shall designate a custodian of records for
line 20 purposes of this section. A copy of the original production shall
line 21 be retained by the custodian of records.
line 22 (g) An employer shall pay the costs of required medical
line 23 monitoring such as STD testing and keep confidential employee
line 24 records.
line 25 (h) (1) An employer shall adopt, implement, maintain, and
line 26 update, as required, a written health and safety program approved
line 27 by the department and that meets the requirements of the Injury
line 28 and Illness Prevention Program and the bloodborne pathogens
line 29 standard, described, respectively, in Sections 3203 and 5193 of
line 30 Title 8 of the California Code of Regulations.
line 31 (2) An employer shall provide department-approved information
line 32 and training on health and safety to employees at the employer’s
line 33 expense. The training program shall be provided in accordance
line 34 with Section 5193 of Title 8 of the California Code of Regulations.
line 35 The training requirements of this subdivision may be satisfied by
line 36 proof that the employee has received appropriate training at another
line 37 workplace or from an appropriate third party approved by the
line 38 department in the prior 12 months.
line 39 (i) By July 1, 2014, the Occupational Safety and Health
line 40 Standards Board shall adopt emergency regulations to implement
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— 3 — AB 332
line 1 this section in accordance with the rulemaking provisions of the
line 2 Administrative Procedure Act (Chapter 3.5 (commencing with
line 3 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 4 Code).
line 5 (j) This section shall not be construed to require condoms,
line 6 barriers, or other personal protective equipment to be visible in
line 7 the final product of an adult film.
line 8 SEC. 2. No reimbursement is required by this act pursuant to
line 9 Section 6 of Article XIIIB of the California Constitution because
line 10 the only costs that may be incurred by a local agency or school
line 11 district will be incurred because this act creates a new crime or
line 12 infraction, eliminates a crime or infraction, or changes the penalty
line 13 for a crime or infraction, within the meaning of Section 17556 of
line 14 the Government Code, or changes the definition of a crime within
line 15 the meaning of Section 6 of Article XIII B of the California
line 16 Constitution.
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