Preface -- this post isnt aimed at Christian directly so dont take personal offence.

Directors/producers should be concerned with all of their talent and what that talent is doing off the set. While most of the industry considers performers independent contractors they are not. Theres an entire article I just wrote for the FSC's magazine on this topic with all of the legal research included. If performers are actually employees that means that directors/producers can be liable for any disease contracted on the set. Again, if you dont believe me, CalOSHA issued fines against TTBoy Productions for failing to protect their "employees" from the spread of bloodborne pathogens after the most recent AIDs outbreak in 2004. Not only can directors/producers be fined by CalOSHA, they can also be sued in civil court as well as have a claim filed against them in the Workers Compensation Appeals Board. If they are found not to carry workcomp ins. the owners of that company will be personally liable for the medical treatment of any infected individual for their entire life. And this liability cant be discharged in bankruptcy either. Therefore if a producer/director places his/her talent at risk by hiring performers that (1) dont have a valid and updated test or (2) are known to conduct themselves in a manner that is risky, beyond the inherent risks of the business, they might be placing themselves in position of extreme financial risk if someone contracts either HIV/AIDs or Hepatitis C.

Since the likelihood of male-male transmission of HIV/AIDs is much greater than boy-girl (except for anal sex), that is obviously a concern most producers/directors should have.Directors/producers should also be concerned if their female talent was a known IV drug user sharing needles.

Remember a current AIMs test doesnt necessarily mean that the talent is clean. Since most only get retested every 15-30 days, a clean test is only 100% reliable if that talent has not had sex with anyone since the date of the test.

While it is true that theres is a lower transmission rate of serious infection in this industry as compared to the outside world, it only takes 1 person, as in the case of the last outbreak of HIV/AIDs.

Lastly, when I was in Sacramento lobbying for the FSC several months ago, the testing/AIDs/workcomp ins. issue was raised by numerous state legislators. They all had the attitude that if the industry doesnt regulate itself and provide better/safer working conditions for the performers, then they will step in and legislate it for us.

I suspect that 1 more outbreak of a serious bloodborne pathogen and this industry will become condom only as mandated by our friends in Sacramento.

Sorry for the long post.

Michael

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Michael www.AdultBizLaw.com