First off…an apology from me for allowing this series to lapse for so long. I had to replace my hard drive on my PC, which crashed on me two weeks ago, and I was just able to get on line last Thursday night when I purchased a new computer. Everything is mostly back to normal now, so I can catch back up with things.

Having gotten that out of the way, we can rejoin the fisking fun.

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Cameron now decides to rest his brains a bit and rely more on others to sell his points about how condoms should be mandatory. To that end, he quotes directly from the Los Angeles County Health Department’s main brief supporting regulation of the porn industry and the condom mandate.

The Division of Occupational Safety and Health (DOSH) has established Vital informationfor workers and employers in the adult film industry as follows:

In addition to general health and safety hazards associated with film and video production, workers in the adult film industry face particular hazards because actors perform sex acts in the course of making the films or videos. Many diseases can be transmitted through blood, semen, vaginal fluid and fecal material, or by mucous membrane contact.

Indeed.  And some even say that you can contract HIV through mere kissing. Not really.

Not to mention that the very reason why the industry has the system in place is to prevent infected performers from infecting others to begin with.

Also, these same acts are performed by regular people in their regular lives every day, with little or no aftereffect. Why isn’t CalOSHA or LACHS going into the homes of “civilian” people and monitoring their sex lives or promoting laws requiring condom usage for regular people? Let me guess….something to do with the Bill of Rights protections from unlawful search and entry?? Or…is porn simply seen as the perfect guniea pig for imposing these “protections” on the public at large?

One important group of diseases is those caused by bloodborne pathogens, including HIV,hepatitis B and hepatitis C. In addition to actors, employees in this industry at risk of becoming infected include people who clean up after scenes and people who assist in developing scenes, whether or not they are shown on film. If any sharps, such as razor blades or wires, are used (for shaving, piercing, etc.), they pose a particular risk for spreading infection because they can puncture the skin.

Of course, someone might want to remind Cameron that the threat of STI’s isn’t just isolated to paid professional porn performers, but affects any and all sexually active persons, and that based on that standard, people getting razor cuts after shaving before performing sex acts — whether during scenes or in their personal life — could also be in as much of a risk. Also, most porn sets are NOT the equivalent of heavy industry sites or hospitals or sanitation work where far more frequent exposure to bodily fluids or other pathogens occur.

In addition, Rowe makes the often common mistake of assuming that porn professionals are more sexually promiscuous than non-performers, thusly more likely to not only become infected but to use industry scenes to infect innocent others. It may be true that porn performers tend to have a more positive attitude about sex and are less shamed about engaging in sexual activity….but whether that equates to a higher risk of infection is merely speculation and conjecture. You can have sex with 1,000 different people a year and if every one of them is clean, you will NOT become infected. On the other hand, you can be totally monogamous with one special person and only fool around one time….but if you are unprotected with that one fling and (s)he happens to be infected, then you are, to use the term, screwed.

As for the bloodborne pathogen standard and those who clean up behind scenes….well, that may be solved by support staff relying on better cleanup methods and personal protective equipment gear, but what that has to do with mandating condoms for performers remains a mystery. Most sex scenes in porn simply do not involve blood of any kind; and unless a performer is so cut up or (s)he is obviously showing internal injuries (and in that case no condom in the world would help; the best solution is to fire him/her and find a clean replacement), chances are that the risk of exposure of blood to others is pretty much nil.

Other sexually transmitted diseases (STDs) are not considered bloodborne pathogens, but can be transmitted through contact with mucous membranes, semen, vaginal fluids or feces.

”In addition, California has established explicit procedures for the adult film industry with regards to blood pathogens (§5193. Bloodborne Pathogens) as follows:

“The Cal/OSHA bloodborne pathogens standard requires employers to protect workers fromserious diseases including HIV, hepatitis B and hepatitis C, which can be transmitted through exposure to blood and other potentially infectious materials. The major requirements of this standard include:

Controlling exposures
The bloodborne pathogens standard requires employers to use feasible engineering and workpractice controls to protect workers from coming into contact with blood or other disease carrying body fluids (referred to in the standard as “other potentially infectious material”, or”OPIM”). Semen and vaginal fluid are always considered OPIM. Any other body fluid is considered OPIM if it’s visibly contaminated with blood. Saliva is considered OPIM inconnection with dental procedures because these procedures routinely cause saliva to be contaminated with blood.The kind of contact prohibited by the standard is contact between skin or mucous membranesand blood or OPIM.The methods an employer will use to protect employees from contact with blood or OPIM must be spelled out in detail in a written exposure control plan, which is described in the bloodborne pathogens standard.“

The bloodborne pathogens standard is built on the rule of universal precautions. This means blood or OPIM is always treated as hazardous, no matter who the source is. This is important because the available testing methods do not always guarantee that disease will be detected. Thisis particularly true right after a person has become infected. Depending on the test and the disease, it may take anywhere from two weeks to six months to be able to detect an infection.There is also a risk of “false negative” results, particularly if tests have not been properly administered, or if specimens have not been properly stored. Also, many bloodborne diseases are not routinely tested for.

Notice how Cameron confuses things through cross-referencing the bloodborne pathogen standards as applying to porn, when in fact they were originally created for professions and occupations with much heavier and much more likely contact with blood, such as medical and health care professionals. Obviously, a dentist performing a root canal or a doctor performing surgery will have a much greater risk of blood-borne infection, and thusly, the higher standards and preventative procedures are more than acceptable. The main question is, though, are those higher standards even needed in a shoot where only the performers themselves engage in consensual, mutually agreed to contact?

Examples of engineering and work practice controls used in the adult film industry include:

– Simulation of sex acts using acting, production and post-production techniques·
— Ejaculation outside the partner’s body· 
— Use of barriers, which protect the partner from contact with semen, vaginal fluids,   mucous membranes, etc. Examples of barriers include condoms and dental dams. (Condoms and dental dams can also be considered personal protective equipment for the partner who uses them)· 
— Plastic and other disposable materials to clean up sets· 
— Sharps containers for disposal of any blades, wires or broken glass.· 
— Personal protective equipment

If, after using all practical engineering and work practice controls, workers are still exposed to hazards, employers must provide, and ensure employees use, appropriate personal protective equipment. Personal protective equipment can include:·  Condoms·  Dental dams·  Gloves·  Eye protection.

Simulated sex acts (which can also include faked up orgasm scenes and artificial “cumshots” as well), are probably far more restricted to the softcore cable TV/satelitte/pay-for-view market, which is a fundamentally different and seperate genre onto itself.

Of course, it goes without saying that many performers do in fact prefer and insist on use of condoms as well…but the main question for those who insist on mandating condoms is not only one of industry profit, since it is a proven fact that condomized sex acts simply will not sell with the mass audience of porn consumers, but also of performer preference. Plus, as female performers like Nina Hartley have strongly and consistently testified to, condom usage within the context of shooting porn scenes carry their own risks (tearing of the vaginal walls from friction, which can actually increase the risk of infection, loss of the natural feel of skin-on-skin contact, which can really devastate maintaining that edge needed to complete a scene; and post-scene production editing to remove the hint of condom usage to better “sell”a sex scene, which can become both time consuming and quite expensive).

And also….why dental dams are included in this boggles the mind, since girl/girl sex scenes pose the absolute least risk in transmitting STI’s…unless you assume that women performers are running around infecting others, too.

Hepatitis B vaccine
Employers in this industry  must provide the hepatitis B vaccine series to employees who may be exposed to blood, semen, vaginal fluid or OPIM. This series consists of three shots, generally administered into the arm muscle, over a period of six months. About one or two months afte rthe third shot, the healthcare provider will draw blood to ensure the employee has developed a strong enough immune response (antibody titer, which refers to the concentration of antibodies in the blood) to protect against infection. In some cases the healthcare provider will recommend an additional series of shots. To learn more about the hepatitis B vaccine, click here. [Link not provided in original]

Funny, but I didn’t know that there was that much of a risk of hepatitis that there was a need to force porn performers to undergo a regimen of Hepatitis B shots. I thought that that was the point of using regular monthly testing for STI’s. Note also, once again, the assumption that porn performers are so sexually irresponsible and out of control that they are rendered incapable of protecting themselves, so the benelovent powers that rule are induced to step in and “protect” them “for their own good”. Even if they are no threat at all.

And….note the requirement that “employers” — read that to mean “the porn industry” — would be required to offer this treatment. No other profession, not even the medical profession, is ever mandated to pay one red cent for treatment of their employees for medical conditions….but somehow, porn is so different that they must be held to a “higher” standard. Would Cameron Rowe wish to advocate just as stridently that other businesses whom have far worse safeth records than the adult sexual media industry should be induced to pay the medical costs for their employees?? Somehow, I doubt that he would be so strident on that.

Confidential medical record

Every employer covered by this standard must ensure that a medical record is maintained for each employee, which must be kept confidential.

OK….but confidential for whom?? Obviously, private medical records should be kept private and not revealed to the public….but shouldn’t the very industry attempting to protect themselves and their talent from mass infection be able to use the results of testing they pay for to screen out and/or treat those who test positive for whatever infection?? And, why should we trust AHF or LA County Health Services to be any more strict with their (ab)use of personal medical records than AIM??  Remember that it was AHF who sued to have AIM turn over the detailed medical records of all those tested in the HIV porn scare of last year, only to be denied by a state judge.

Procedures for exposure incidents
If an employee has unprotected contact with someone else’s blood, semen, vaginal fluid, or PIM, the employer must provide them with a medical evaluation and follow up [5193 (f)] at no cost to the employee. If the source individual consents, he or she can be tested, and the results can be disclosed to the exposed employee, but that employee must be informed of requirements to keep the person’s identity and infection status confidential.
If there is reason to believe a person has been exposed to HIV, the doctor may recommend the person be put on drugs to prevent infection (post-exposure prophylaxis, or PEP), such as AZT. Ifthere is reason to believe a person has been exposed to hepatitis B, and has not been completely vaccinated, the doctor may recommend hepatitis B immunoglobulin, and may start the vaccine series. There is currently no post-exposure treatment recommended for hepatitis C.”

This, of course, is standard procedure for anyone anywhere who may be exposed to HIV or hepatitis B…but, even then, there has to be a reasonable assumption (as in a positive test) that the person is indeed infected before those requirements take effect. Since the main emphasis for those who advocate madatory condoms is HIV rather than hepatitis B, it’s interesting why the latter is lumped into this discussion. Feel free to note the fact that the person targetted can actually decline to take the test without any legal sanction if he feels that he is not threatened or infected. Doesn’t that defeat the purpose of testing to begin with?

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OK…that’s enough for today.  We’re reaching the homestretch now, so patience is a virtue. More coming up, along with the big finish, soon.