California officials have voted down a proposal that would have specifically called for putting condoms on porn actors, heeding industry representatives who said such a restriction would force them to make films nobody would watch.
The state Division of Occupational Safety and Health's Standards Board voted the measure down on Thursday when only three members supported it, Cal/Osha spokeswoman Julia Bernstein said.
Four yes votes from the seven-member board were required for passage. The vote was 3-2 in favour, with one member absent and one board position currently open.
The board would begin considering a new worker-safety measure for the porn industry, Bernstein said.
Board members appeared influenced by the dozens of porn industry representatives at a public hearing in Oakland, who argued that adopting the condom measure would either destroy their multibillion-dollar industry or force it underground.
They said that could make it more dangerous to performers by eliminating safeguards such as the industry's requirement that actors be tested every 14 days for sexually transmitted diseases.
"I know you guys work really hard and have our best interests at stake, but we need you to work with us to find a solution," said porn actress SiouxsieQ, who also reports on the industry for various publications.
"When you criminalise sex work in any way, you make it more dangerous."
Mike Stabile, a spokesman for the industry trade group the Free Speech Coalition, said after the vote that pornographers hoped they could work closely in crafting safety requirements the industry could accept.
The AIDS Healthcare Foundation has lobbied Cal/OSHA for years to adopt workplace safety standards specifically for the porn industry that are similar to what it has for other businesses.
Although disappointed by Thursday's vote, foundation spokesman Ged Kenslea said his organisation was impressed that porn representatives recognised a need for some sort of regulation.
He said his group would be interested in working with them to achieve that goal.
Under the 21-page proposal Cal/OSHA rejected, so-called engineering controls "such as condoms" must be used by actors engaging in sex to reduce the risk of transmitting HIV and other diseases.
Movie producers would also be required to pay for medical visits, treatments and other healthcare costs for their performers.
The problem, several speakers said, was a large segment of their audience lost interest in a film when they saw actors with condoms.
Others said that if the rules were put into effect, Cal/OSHA inspectors could also eventually begin ordering actors to use safety goggles and dental dams, adding no one would want to see a film with that equipment.
The AIDS Healthcare Foundation has argued for years that the condom requirement was long overdue and while it might not prevent transmission of all sexually transmitted diseases, it would be far more effective than the industry's 14-day STD testing requirement.
One of those in favour of it, former actor Derrick Burts, has said he became infected with HIV while making porn films despite the testing protocol.
