A California pornography studio violated state occupational health regulations when it filmed several men having sex without using condoms more than four years ago, a state judge ruled this month.
The ruling, which was made public last week, found that San Francisco-based Treasure Island Media (TIM) failed to protect workers against HIV and other infectious diseases when it filmed several men having unprotected sex during the Folsom Street Fair in 2009. The act was found to have violated Cal/OSHA’s Bloodborne Pathogens statute. For this, the studio was fined about $9,000.
The studio contested the fine in early 2010, claiming that the crew and performers it hired were considered “independent contractors” and not employees, making the statute inapplicable.
But earlier this month, Administrative Law Judge Mary Dryovage disagreed with the studio, finding that the performers and crew hired by TIM were considered “employees” because, among other things, the “service rendered is an integral part of the employer’s business.”
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“The actions of the participants were the key element of the film productions that (the studio) relied on for its revenue,” the ruling said. “The participants’ actions were not incidental or peripheral to the Employer’s business, but were central … the ‘participants’ are found to be ’employees’ of TIM … and TIM is therefore an Employer subject to the Act.”
The ruling found that TIM could have fulfilled their obligation to protect employees from coming into contact with potentially infectious bodily fluids if the studio had supplied condoms to performers. The judge upheld the fine, but lowered it to around $6,200. Along with other fines, TIM was ordered to pay a total of $8,670.
The Cal/OSHA ruling comes at a time when condom use by porn stars has been hotly contested. In 2012, Los Angeles County passed “,” requiring the use of condoms on all porn sets. Many studios moved to other parts of the state after the measure passed.
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Though the Cal/OSHA doesn’t explicitly mandate condom use by porn studios, the judge found that condoms are “” that would satisfy compliance with the state’s Bloodborne Pathogen statute. That, along with the fines levied against TIM for violating the ordinance, could be enough for porn studios to .
