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AB-332 Occupational safety and health: adult films.(2013-2014)

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Amended  IN  Assembly  April 17, 2013
Amended  IN  Assembly  April 01, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 332


Introduced by Assembly Member Hall
(Coauthor: Assembly Member Bloom)

February 13, 2013


An act to add Section 6720 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 332, as amended, 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 January 1, 2015. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6720 is added to the Labor Code, to read:

6720.
 (a) The Legislature finds and declares that the protection of workers in the adult film industry is the responsibility of multiple layers of government, with the department being responsible for worker safety and the county being responsible for protecting the public health. Therefore, this section shall not be construed to prohibit a city, county, or city and county from implementing a local ordinance regulating the adult film industry if the local ordinance is consistent with this section industry, provided that nothing in the local ordinance contradicts any provision of this section.
(b) For purposes of this section, the following definitions shall apply:
(1) “Adult film” means the production of any film, video, multimedia, or other recorded representation of sexual intercourse for the sexual stimulation of the viewer that may involve exposure to bloodborne pathogens or other potentially infectious materials.
(2) “Employee” means a person who is an employee, independent contractor, or unpaid individual employee or independent contractor, regardless of whether the person is shown in the adult film, who performs a penetrative sexual act or an act for the sexual stimulation of the viewer that involves exposure to bloodborne pathogens or other potentially infectious materials.
(3) “Employer” means a company, partnership, corporation, or individual engaged in the production of an adult film. There shall be a rebuttable presumption that the name on the material for commercial distribution is the employer unless there is evidence to the contrary as demonstrated through contractual or employment records.
(4) “Sexually transmitted disease” or “STD” means any infection commonly spread by sexual conduct, including, but not limited to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital human papillomavirus infection, and genital herpes.
(c) An employer shall maintain engineering and work practice controls sufficient to protect employees from exposure to blood and any potentially infectious materials, in accordance with Section 5193 of Title 8 of the California Code of Regulations. Engineering and work practice controls shall include, but are not limited to, the following:
(1) Simulation of sex acts using acting, production, and postproduction techniques.
(2) Provision of and required use of condoms and other protective barriers whenever acts of vaginal or anal intercourse are filmed.
(3) The provision of condom-safe water-based or silicone-based lubricants to facilitate the use of condoms.
(4) Plastic and other disposable materials to clean up sets.
(5) Sharps containers for disposal of contaminated sharps, including, but not limited to, any blades, wires, or broken glass.
(d) An employer shall maintain an exposure control plan in accordance with Section 5193 of Title 8 of the California Code of Regulations. An employer shall not be required to comply with any provision related to establishing and maintaining a sharps injury log, or any provision regarding regulated waste.
(e) An employer shall make available the hepatitis B vaccination and all medical followup required by Section 5193 of Title 8 of the California Code of Regulations, for any employee engaged in the production of adult films, at the employer’s expense.
(f) An employer shall designate a custodian of records for purposes of this section. A copy of the original production shall be retained by the custodian of records.
(g) An employer shall pay the costs of required medical monitoring such as STD testing and keep confidential employee records.
(h) (1) An employer shall adopt, implement, maintain, and update, as required, a written health and safety program that is approved by the department and that meets the requirements of the Injury and Illness Prevention Program and the bloodborne pathogens standard, described, respectively, in Sections 3203 and 5193 of Title 8 of the California Code of Regulations.
(2) An employer shall provide department-approved information and training on health and safety to employees at the employer’s expense. The training program shall be provided a training program in accordance with Section 5193 of Title 8 of the California Code of Regulations. The training requirements of this subdivision may be satisfied by proof that the employee has received appropriate training at another workplace or from an appropriate third party approved by the department in the prior 12 months.
(i) By July 1, 2014 January 1, 2015, the Occupational Safety and Health Standards Board shall adopt emergency regulations to implement this section in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(j) This section shall not be construed to require condoms, barriers, or other personal protective equipment to be visible in the final product of an adult film.
(k) The Legislature finds and declares that screening for STDs is a critical public health measure and should be employed wherever possible, including the adult film industry. Therefore, this section shall not be construed to impede or replace STD screening of all employees, as defined in paragraph (2) of subdivision (b), pursuant to STD screening protocols established by the federal Centers for Disease Control and Prevention, the State Department of Public Health, and the public health department in the county where the filming occurs.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.