Today's Law As Amended


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AB-1576 Occupational safety and health: adult films.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 6401.9 is added to the Labor Code, to read:

6401.9.
 (a) (1) In addition to the requirements of Section 5193 of Title 8 of the California Code of Regulations, an adult film employer shall include the following information in an exposure control plan:
(A) That each time an employee performing in an adult film engaged in vaginal or anal intercourse, personal protective equipment was used to protect the employee from exposure to bloodborne pathogens. This subparagraph shall not be construed to require that the personal protective equipment be visible to the consumer in the finished film.
(B) That each employee performing in an adult film was tested for sexually transmitted infections, according to the recommendations of the Centers for Disease Control and Prevention and the State Department of Public Health current at the time the testing takes place, not more than 14 days prior to filming any scene in which the employee engaged in vaginal or anal intercourse, that the employee consented to disclosing to the Division of Occupational Safety and Health that the employee was the subject of a human immunodeficiency virus (HIV) test, and that the employer paid for the test.
(C) Any additional information as required by the Division of Occupational Safety and Health.
(2) For purposes of this subdivision, “adult film” means any commercial film, video, multimedia, or other recorded representation made or distributed for financial gain during the production of which performers actually engage in sexual intercourse, including oral, vaginal, or anal penetration.
(b) Nothing in this section shall be construed to limit or impede any privacy rights or reporting requirements as provided under Division 105 of the Health and Safety Code.
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.