Cal/OSHA's Standards Board Sends Proposals to Advisory Committee

Cal/OSHA’s Standards Board on Thursday voted, 6-0, to send two proposals that would amend or expand rules for blood-borne pathogen exposure in the adult film industry to an advisory committee.


The advisory committee will evaluate dialogue from stakeholders — inclusive of adult entertainment performers, the Free Speech Coalition and the AIDS Healthcare Foundation — to continue with the next step to consider amending or expanding § 5193, the board said.

The FSC in a petition sent to the board this spring said that it requested regulation that left other means that do not require the use of barrier protection and that would leave options for protection and prevention through testing protocols and medical advances, like PrEP.

The AHF’s petition­­ was a repeat of its Petition No. 513, which was defeated in February by the same board because it did not get the required votes.

Prior to today’s vote, the Standards Board heard testimony during a public comment period from nearly two dozen adult industry performers who railed against the AHF’s plan to dramatically expand rules for adult productions.


Performers who made the trip to Walnut Creek, Calif., to testify in front of the board included Ela Darling, Marcelo Slave, Jiz Lee, Brock Doom, Janice Griffith, Verta, Owen Gray, Kevin Kintaro, Ariel X, Julia Ann, Iona Grace, Arabelle Raphael, Nicki Darling, Justin Willis and wife, Mimosa and Mona Wales.

Industry attorney Karen Tynan, FSC Executive Director Eric Paul Leue, NakedSword director Mr. Pam, Dr. Hernando Chavez and lobbyist Kevin Bland also testified on the issues at hand — all advocating that the board discard Petition No. 557, which was authored by the AHF and Michael Weinstein, the group’s president.

The adult entertainment stakeholders, instead, advocated for Petition No. 560, authored by the FSC and Leue.


Cameron Bay, Rod Daily, Adam Cohen, Penny Flame, Cordova and Vanessa Blake provided testimony for the AHF’s camp’s petition.

During testimony, many of the performers backing the FSC said that Petition No. 560 appealed to them if they were to face further government regulation. Of course, the AHF’s group said that barrier control is the only option on the table.

But, in the end, both petitions were shelved to make way for an advisory committee to make findings and report back to the Standards Board.

Fingers started pointing at one point during the monthly Standards Board meeting, which rotates among a handful of California cities, including Walnut Creek.

Leue in his testimony noted that the AHF hasn’t been playing fair in the political heat.

Leue said that the AHF recently shared private personal details with the news media, including the home address of a performer, that were un-redacted from a Cal/OSHA document, forcing her into hiding.

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