Important OSHA hearing this Thursday. - GoFuckYourself.com

Darrah · 03-15-2010, 03:07 AM

Someone sent this in to me.

On Thursday March 18, OSHA will hold a hearing to determine if they will create an advisory panel to amend the blood borne pathogen standard (section 5193) to be more specific for the adult industry. The standard (5193) as written is tailored for the medical community, but it does not exclude the adult industry.

This is going to be the most important event in the adult industry since the Miller, and Freeman decisions. It is imperative that all segments of the industry be represented at this hearing, producers, directors, performers, AIM, agents, and the FSC. While the FSC and AIM will certainly be present, it is performer testimony that will carry the most weight. But the main question is, Will performers testify?

Why is it so important for performers to testify? That is simple. Performers are the only people directly affected by STD?s on the set. Company owners, producers, directors,agents, and FSC lawyers are not the ones getting STD?s. It will look very suspicious if the only group of people not represented at the hearing are the very people who are affected the most. The FSC will not be there to speak on behalf of the talent, they will be there to speak on behalf of the production companies, and there only concern is to protect the producers right to produce porn.

Is this a good or bad thing? Contrary to popular opinion in the adult industry, this could turn out very good. If this panel to revise 5193 is created, they may end up coming to a compromise that does NOT require condoms for all sex acts. Then again, the exact opposite may happen. But without input form performers, the panel will surely go for the most draconian measures. If performers do not testify the AHF will surely make the argument that the performers were intimidated into not testifying, and they will make the argument that if performers did testify it would be the end of their careers.

As the law is written now, there is no doubt that the industry is in violation of section 5193. Only because of the lack of enforcement does the industry get away with breaking these laws. The handful of times that companies have been cited have all ended with the porn companies paying large fines.

Will the new LATATA be present at the hearing? Will they encourage their talent to testify? If they don?t, they will have no one to blame but themselves if OSHA decides on the most draconian measures. I think that LATATA should publicly advocate for the performers to testify, as well as testifying themselves.

Don?t leave it up to the FSC to speak for the industry. They have only the interest of the large production companies to protect, and rightfully so. Those are the ones that fund the FSC.

This day will go down in history for the adult industry. Will the entire industry be represented at this hearing, or only the large production companies? This is an opportunity for performers to have their say, whether they support more protections or not. No matter how you feel, this is the time to speak up. The industry will have no one to blame but themselves if they do not have all segments of the industry represented at the hearing. If performers do not show up, that will say more to the government panel than all of the FSC, AIM, and producers testimony combined. Performers are the ONLY people affected by this. For performers not to be present will, in my opinion, be the final nail in the coffin for the adult industry as it is today. Exercise your right to speak, but don?t complain if you just sit on your ass and let others fight the battle. The industry needs to show up in force at this hearing.

pornlaw · 03-15-2010, 08:30 AM

Here is Cal-OSHA's proposed decision which seems to indicate that they already have decided to to convene a subcommittee to review and propose changes to the Labor Code.

I dont think that going to the hearing is going to change anything at this point...

http://www.dir.ca.gov/oshsb/petition513propdecision.pdf

The subcommittee will be made of people from the industry.... stakeholders.

Darrah · 03-16-2010, 01:59 AM

So why hold the hearing then? Publicity? Photo-op?

Darrah · 03-18-2010, 06:01 AM

If anyone is going to be there, take pictures for me please. Thanks!

03-15-2010, 03:07 AM	#1
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	Important OSHA hearing this Thursday. Someone sent this in to me. On Thursday March 18, OSHA will hold a hearing to determine if they will create an advisory panel to amend the blood borne pathogen standard (section 5193) to be more specific for the adult industry. The standard (5193) as written is tailored for the medical community, but it does not exclude the adult industry. This is going to be the most important event in the adult industry since the Miller, and Freeman decisions. It is imperative that all segments of the industry be represented at this hearing, producers, directors, performers, AIM, agents, and the FSC. While the FSC and AIM will certainly be present, it is performer testimony that will carry the most weight. But the main question is, Will performers testify? Why is it so important for performers to testify? That is simple. Performers are the only people directly affected by STD?s on the set. Company owners, producers, directors,agents, and FSC lawyers are not the ones getting STD?s. It will look very suspicious if the only group of people not represented at the hearing are the very people who are affected the most. The FSC will not be there to speak on behalf of the talent, they will be there to speak on behalf of the production companies, and there only concern is to protect the producers right to produce porn. Is this a good or bad thing? Contrary to popular opinion in the adult industry, this could turn out very good. If this panel to revise 5193 is created, they may end up coming to a compromise that does NOT require condoms for all sex acts. Then again, the exact opposite may happen. But without input form performers, the panel will surely go for the most draconian measures. If performers do not testify the AHF will surely make the argument that the performers were intimidated into not testifying, and they will make the argument that if performers did testify it would be the end of their careers. As the law is written now, there is no doubt that the industry is in violation of section 5193. Only because of the lack of enforcement does the industry get away with breaking these laws. The handful of times that companies have been cited have all ended with the porn companies paying large fines. Will the new LATATA be present at the hearing? Will they encourage their talent to testify? If they don?t, they will have no one to blame but themselves if OSHA decides on the most draconian measures. I think that LATATA should publicly advocate for the performers to testify, as well as testifying themselves. Don?t leave it up to the FSC to speak for the industry. They have only the interest of the large production companies to protect, and rightfully so. Those are the ones that fund the FSC. This day will go down in history for the adult industry. Will the entire industry be represented at this hearing, or only the large production companies? This is an opportunity for performers to have their say, whether they support more protections or not. No matter how you feel, this is the time to speak up. The industry will have no one to blame but themselves if they do not have all segments of the industry represented at the hearing. If performers do not show up, that will say more to the government panel than all of the FSC, AIM, and producers testimony combined. Performers are the ONLY people affected by this. For performers not to be present will, in my opinion, be the final nail in the coffin for the adult industry as it is today. Exercise your right to speak, but don?t complain if you just sit on your ass and let others fight the battle. The industry needs to show up in force at this hearing.

03-15-2010, 08:30 AM	#2
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,774	Here is Cal-OSHA's proposed decision which seems to indicate that they already have decided to to convene a subcommittee to review and propose changes to the Labor Code. I dont think that going to the hearing is going to change anything at this point... http://www.dir.ca.gov/oshsb/petition513propdecision.pdf The subcommittee will be made of people from the industry.... stakeholders. __________________ Michael www.AdultBizLaw.com

03-16-2010, 01:59 AM	#3
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	So why hold the hearing then? Publicity? Photo-op?

03-18-2010, 06:01 AM	#4
Darrah Confirmed User Industry Role: Join Date: Jun 2009 Location: United States Posts: 577	If anyone is going to be there, take pictures for me please. Thanks!