Bill Text: CA AB332 | 2013-2014 | Regular Session | Amended
Bill Title: Occupational safety and health: adult films.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB332 Detail]
Download: California-2013-AB332-Amended.html
BILL NUMBER: AB 332 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
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.
State-mandated 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.
