It seems that the porn industry thinks it’s immune from OSHA standards. Well, one group, The AIDS Healthcare Foundation, has decided to take 16 porn studios to task, citing that the studios have violated workplace safety standards. A case has not yet been filed with Cal/OSHA, but it certainly seems impending albeit strangled by red tape.
From the LA Times:
Cal/OSHA officials declined to comment because the complaints have not yet been filed. They said they continue their own investigation into the most recent HIV case, as well as 18 additional HIV cases since 2004 reported to them by the Southland porn industry’s primary health clinic. The state has subpoenaed patient records, but that access is being challenged in court by the American Civil Liberties Union, which has alleged a violation of patient privacy.
My dear friend, Violet Blue , wrote about this situation in depth in today’s Chron and guess which HR expert she consulted?
This is an issue that I feel very strongly about and I was very happy (and honored) to be consulted about this issue. I truly believe that it is the duty of employers to create a safe workplace environment for each and every employee for whom the employer is responsible. As with all articles, comments are edited. I’m very happy with the way my words were portrayed in the article, but I would like to present the full context of my comments because…well, I can.
It is the duty of every employer to provide a safe working environment for employees. Whether you work in a bakery or in porn, you have failed your employees if you expose them to dangerous situations if you don’t provide the proper protective equipment. Still using the bakery as an example, would it be right for the bakery owner to require that his employees remove hot items from the oven without heat resistant protection? Most people would laugh and say, of course it’s not right. So why is it okay for porn studios to put their employees in the same position (really, no pun intended!).
I realized that many people may look at this as a matter of personal rights because they are being told to wear a condom. But I think what gets lost on many people is that you do give up a number of rights when you are at work. There’s an old joke in HR that states that there’s no such thing as free speech at work. Well, I suppose you can say what you want, but you may not stay employed for long if your speech is offensive to others, for example.
Going back to requiring condoms, I prefer to think it more a matter of a safety uniform, similar to that which fire personnel wear. There’s no way in hell anyone is going to let a fireman into a burning building without his fire retardant clothing, his oxygen and yes, his hose. Nor should that fireman want to enter that burning building without his gear. It’s suicidal. And having unprotected sex with someone who has had unprotected sex multiple partners, going in without protection is also suicidal. And the employers should not only be aware of this, they should require it.
There are reasons why OSHA has regulations in place. It’s nice to buck the system, but when it comes down to it, OSHA is there to protect the individual from the potential abuses of an employer. Prior to OSHA, workplace injuries were out of control because jobs were few and many employers cut corners. I present “The Jungle” for anyone who disagrees.
I should also say that The Occupational Safety and Health Administration was founded in 1970 to protect workers from harm on the job. This was the first time that a nationwide program was put into place to protect all US workers from job-related death, injury and illness. The history of OSHA is very rocky, and we know what bureaucracy can be, but it’s mission to provide a safe workplace for employees is hard fought and hopefully won.
As an HR professional, I pride myself on creating and maintaining a safe workplace for any/all of my employees. This should be the mission of every HR professional and of every employer.
Okay, I’m off my narcissistic soapbox now. But I do think it’s an important message that should be shared.
BTW – I’m posting this at 37,000 feet on my flight to NY on Virgin America. I love it!