CALIFORNIA: OSHA Nixes Mandatory Condoms In Porn

Mandatory condom use by porn performers is already the law in Los Angeles County and the issue will be put to voters statewide in November thanks to a ballot initiative sponsored by the AIDS Healthcare Foundation. However yesterday state OSHA officials declined to beat voters to the punch.

From the Los Angeles Times:

The state Division of Occupational Safety and Health’s Standards Board voted the measure down when only three members supported it, Cal/Osha spokeswoman Julia Bernstein said. Four yes votes from the seven-member board were required for passage. The vote was 3-2 in favor, with one member absent and one board position currently open. The board will now begin considering a new worker-safety measure for the porn industry, Bernstein said.

Board members appeared influenced by the dozens of porn industry representatives who filed to the dais during a public hearing in Oakland, California, to argue forcefully but politely that adopting the condom measure would either destroy their multibillion-industry or force it underground. Doing the latter, they said, could make it more dangerous to performers by eliminating safeguards such as the industry’s requirement that actors be tested every 14 days for sexually transmitted diseases.

Mike Stabile, a spokesman for the industry trade group the Free Speech Coalition, said after the vote that pornographers hope they can work closely in the future in crafting safety requirements that the industry can accept. He didn’t say what those might be.

The AIDS Healthcare Foundation has lobbied Cal/OSHA for years to adopt workplace safety standards specifically for the porn industry that are similar to what it has for other businesses.

Although disappointed by Thursday’s vote, foundation spokesman Ged Kenslea said his organization was impressed that porn representatives said they recognize a need for some sort of regulation. He added his group would be interested in working with them to achieve that goal.

Kenslea added that the OSHA ruling will only “energize” his group for the November ballot. (Tipped by JMG reader Ray)