Can occupational safety and health agencies protect workers in the adult film industry?

Hundreds of workers on any given day in California are engaged in the production of adult entertainment. They are exposed to a variety of infectious disease hazards, from syphilis to HIV. Although it's unlikely that adult film hazards were uppermost in the minds of Congress when the OSH Act was passed in 1970, the question is whether we can utilize the OSHA framework to protect this group of vulnerable young workers. In the past few years, Cal/OSHA has issued citations against a few employers in this industry, for failure to require the use of condoms and to otherwise protect employees. The bloodborne pathogen regulation has also been applied in other adult venues including exotic dance establishments and adult bookstores. This presentation will discuss unique and not so unique issues involved in protecting workers in this industry, including the necessity for Cal/OSHA to prove an employee/employer relationship in order to have jurisdiction, and a widespread belief that workers in this industry do not require protection because they have voluntarily assumed the risks.