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CA porn industry highlights need for employers to stay up-to-date on new laws

Regulation over what constitutes workplace safety can be confusing for employers to navigate and understand. There are specific requirements for workplace safety, but just what is included in the definition is not always clear and is constantly changing. When an employer fails, even inadvertently or unconsciously, to stay current on new legislation it can come at a great cost.

The California Occupational Safety and Health Administration (Cal/OSHA) is fighting for a broader definition of a safe work environment. Proposed state regulations would create new regulations that seek to prevent the spread of sexually transmitted diseases.

The new regulation would require employers to have doctors on film sets and mandatory condom use to prevent exposure. Chief counsel for Cal/OSHA, Amy Martin, said if adult filmmakers "want to depict sexual intercourse that doesn't use condoms, go for it, but what we do care about is the exposure of the employees while you're making that movie. That's all we regulate," she said, "so we say while you're making that movie, you have to be safe."

Several filmmakers and employees have protested the regulations as a violation of free speech arguing that it is simply another way to impose rules and hand down fines for breaking them.

Whatever your stance on free speech, the debate over the proposed regulation is simply another instance of how quickly the law can change, how unique the regulations can be and just how important it is for employers to stay up-to-date so that they can avoid being fined for violations.

Source: Southern California Public Radio, "Porn film performers speak out on tougher condom regulations on California film sets," Corey Moore, 8 June 2011

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