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#391046 - 01/15/09 03:07 PM
OSHA visiting L.A. talent agencies
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Rob Black's Crack Pipe
Registered: 03/15/05
Posts: 145
Loc: Whoreville
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Looks like someone got an STD and now OSHA is all over it. Clicky
_________________________
*DUN DUN*
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#391047 - 01/15/09 03:52 PM
Re: OSHA visiting L.A. talent agencies
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ADT regular
Registered: 02/01/08
Posts: 13
Loc: No Angels here
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here it comes, porn is doomed!  Nice site by the way, and just noticed pornnewz.com has a link on the left side here, they must be xxxpt approved!
_________________________
just spankin' my truth!
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#391050 - 01/15/09 06:21 PM
Re: OSHA visiting L.A. talent agencies
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Gay For Pay
Registered: 05/16/07
Posts: 988
Loc: Sun Diego
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Everyone should applaud Free Speech Coalition... They're currently drafting rules for companies to follow to make sure they're OSHA compliant. I guarantee this will backfire in a ton of companies faces like a misguided facial; OSHA will challenge companies with "Well, why aren't you following your own trade association's rules?" And shit will roll downhill from there. 
_________________________
"I choppy choppy yo pee pee"
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#391053 - 01/15/09 08:02 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 12/03/08
Posts: 35
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On page four of the "general porn talk" there is a thread entitled "l,a, direct hit all time low."
On page four of that thread I have a short discussion with pornlaw regarding the legality of performer contracts as it pertains to working in unsafe conditions.(being exposed to blood borne pathogens)
I sate there that it is the agents who negotiate the working terms for the "jobs" that they, the agent, procure for the talent.
Because these agents claim to have the talent under exclusive contract, and they are negotiating for their talent to work under illegal conditions, they may be held liable for any injury or illness that results from such contract.
There is alot of gray area here. But one thing cannot be ignored and that is that SOMEBODY is responsible for health and safety in the workplace. And that SOMEBODY is NOT the person recieving the paycheck, it is the person writing the check, and "possibly" the person who negotiates and takes a share of that check. i.e. the agent.
OSHA, has been working on this for quite some time, and are on solid legal ground. The porn industry is nowhere near legal solid ground on this issue. The times they are a changin.
And as discussed in the other thread, any agent who negotiates for one of his clients to work under illegal conditions is on shaky legal ground and if he is an actual licensed and bonded agent he could loose that license for for negotiating and taking fees for illegal contracts. If the morons running the agencies want to make public statements about forming trade associations, they better get some real good legal advice because right now they are opening a can of worms that i dont think they want to get involved with.
OR......are the larger agencies cooperating with OSHA as part of their desire to form an exclusive trade organization by informing on shooters and producers who use talent from non participating agencies?
Directly from the OSHA adult industry web page......
"It is illegal for employers to retaliate or otherwise discriminate against workers who complain about unsafe working conditions"..........
When this particular performer was given the choice to either work under illegal unsafe conditions without a condom or not work at all, that was a clear violation of the law.
Too bad the morons who run this industry didnt have the foresight to take these isuues on proactively. But then again, this is the jizz biz and we;re not talking about rocket scientists here.
Also, ALL porn companies are required to have a written IIPP.
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#391054 - 01/15/09 08:07 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 12/03/08
Posts: 35
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Quote:
I was told that it was LA County Health Department and not Cal-OSHA. Though, Cal-OSHA might get involved at a later date.
So far I have been advised that 2 agencies have been asked for information on producers and have not yet provided any information to LA County Health and are currently investigating their options.
I am currently looking into what options the talent agents may have in this matter...
Could this possibly have something to do with someone who tested at "Talent Testing Service" and came up positive for "something", because we all know that there is NO waiver signed at TTS and they will not put out any notification regarding any outbreak. Remember in 2004 when the health dept. siezed a bunch of AIM records?
It scares me more that it may have been the health dept. and not OSHA> The health department indicates to me that this was a matter that required a more immediate response. Keep your fingers crosse folks. No waiver at TTS means no notification to the industry if someone comes up positive for the big "H". Looks like the Anit-AIM forces are getting what they asked for.
Edited by dippy (01/15/09 08:15 PM)
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#391055 - 01/15/09 08:12 PM
Re: OSHA visiting L.A. talent agencies
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@
Porn Jesus
Registered: 10/19/06
Posts: 9958
Loc: fortified
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Drippy works in Pornlaws mail room. If thats not the case I have no clue why that useless fuck posts here. Not that pornlaw is that much better. Just sayin.
At best Pornlaw got a few bjs from that pirate type before he got locked up. I'm not impressed but the Stevie ?'s will most likely get off on it. Pure speculation of course, total heresay and all. Satire I say, loud and proud.
_________________________
i just lock, load, and regret. - jamesn
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#391056 - 01/15/09 08:29 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 12/03/08
Posts: 35
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Quote:
Drippy works in Pornlaws mail room. If thats not the case I have no clue why that useless fuck posts here. Not that pornlaw is that much better. Just sayin.
At best Pornlaw got a few bjs from that pirate type before he got locked up. I'm not impressed but the Stevie ?'s will most likely get off on it. Pure speculation of course, total heresay and all. Satire I say, loud and proud.
Lou,
Is it true what you say on your bio page here that you are a registerd sex offender, or is that just another fantasy of yours? I will make you a deal lou, you print your full name here and so will I. Same goes for JIM b. And you can all stop sending me pm's asking who I am? If these two put up so will I.
Edited by dippy (01/15/09 08:40 PM)
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#391057 - 01/16/09 12:00 AM
Re: OSHA visiting L.A. talent agencies
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Pervert
Registered: 07/05/05
Posts: 2134
Loc: Los Angeles, CA
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Quote:
I was told that it was LA County Health Department and not Cal-OSHA. Though, Cal-OSHA might get involved at a later date.
So far I have been advised that 2 agencies have been asked for information on producers and have not yet provided any information to LA County Health and are currently investigating their options.
I am currently looking into what options the talent agents may have in this matter...
For the first time ever, I sincerely hope you know what you are doing and can help the business. This could be the end of the business as we know it.
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#391058 - 01/16/09 12:11 AM
Re: OSHA visiting L.A. talent agencies
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Pervert
Registered: 04/21/04
Posts: 2204
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Quote:
Quote:
I was told that it was LA County Health Department and not Cal-OSHA. Though, Cal-OSHA might get involved at a later date.
So far I have been advised that 2 agencies have been asked for information on producers and have not yet provided any information to LA County Health and are currently investigating their options.
I am currently looking into what options the talent agents may have in this matter...
For the first time ever, I sincerely hope you know what you are doing and can help the business. This could be the end of the business as we know it.
if your hopes on riding on pornolaw and his quest to save the industry you best start looking for a new job x. personally i hope the shit crumbles to the floor. this crap and what it has become needs to flame out so a new fresh approach might come out the ashes.
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#391059 - 01/16/09 08:49 AM
Re: OSHA visiting L.A. talent agencies
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AC Cream Wannabe
Registered: 01/01/06
Posts: 459
Loc: California
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Quote:
For the first time ever, I sincerely hope you know what you are doing and can help the business. This could be the end of the business as we know it.
This is a true witch hunt. From my understanding the infection was not HIV but merely, simple STDs that could be cured with antibiotics. I am surprised that Cal-OSHA or the LA Cty Dept of Health is going to these extremes in this situation. I know that the various factions have been warring for sometime over this issue. The FSC has hired a OSHA specialist to devise a Blood Borne Pathogen program all producers could use. I know Cambria has been working with several production companies in regards to past fines by Cal-OSHA. And AIM and the LA Cty Department of Health have been at odds for years.
Now State Compensation Insurance Fund is classifying Agents as the employer of their performers for purposes of workers compensation insurance. What appears to be happening is a paradigm shift in the way talent will be thought of in the industry.
There is no winning in regards to this issue, unfortunately. There are too many powerful people that want to regulate the industry either out of existence or to the point where on camera sex will be so stale and boring no one will want to watch it. The best I think can happen is that the industry can hold the wolves at bay.
I think that can be done, until the next HIV infection and then its going to be impossible. The argument is going to be does the First Amendment trump health and safety codes... Can a performer make an informed decision to perform without a condom or dental dam as a form of artistic expression and free speech ?
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#391063 - 01/16/09 10:27 AM
Re: OSHA visiting L.A. talent agencies
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AC Cream Wannabe
Registered: 01/01/06
Posts: 459
Loc: California
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Quote:
Quote:
I was told that it was LA County Health Department and not Cal-OSHA. Though, Cal-OSHA might get involved at a later date.
No...you are wrong. It was Cal-OSHA. Here's their business cards.
Story on PornNewz
Thanks, I am waiting for the letter they dropped off to be faxed to my office... If you have that, are you going to post it ?
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#391065 - 01/16/09 11:38 AM
Re: OSHA visiting L.A. talent agencies
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Bukkake Boy
Registered: 01/02/04
Posts: 698
Loc: CA
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OK, but excuse my stupidity here. How the fuck does Cal-OSHA have any jurisdiction here when the models are treated as independent contractors by the studios that hire them for specific roles in films? Cal-OSHA rules only apply to individuals specificaly defined as employees, like warehouse workers, receptionists, ect. So if a whore as an independent contractor decides it's in her best interest to go bare and thereby drive up her 1099 income, it's her decision. Shouldn't Cal-OSHA be harrassing her for her decision as a sole-proprietorship or corporation instead of the studio that contracted with her?  And another thing. The last time I checked, wasnt the State of California on the verge of insolvency??? You'd think the last thing they would want to do is drive the industry and the jobs they create to Nevada - which is exactly where they'll go.
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#391066 - 01/16/09 11:40 AM
Re: OSHA visiting L.A. talent agencies
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Gay For Pay
Registered: 05/16/07
Posts: 988
Loc: Sun Diego
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#391068 - 01/16/09 12:25 PM
Re: OSHA visiting L.A. talent agencies
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AC Cream Wannabe
Registered: 01/01/06
Posts: 459
Loc: California
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Quote:
No...you are wrong. It was Cal-OSHA. Here's their business cards.
Story on PornNewz
Thanks, I am waiting for the letter they dropped off to be faxed to my office... If you have that, are you going to post it ?
Well the letter I have in front of me is from the County of Los Angeles, Public Health Department, signed by Dr. Peter Kerndt, MD MPH.
This is a combined effort obviously.
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#391069 - 01/16/09 01:18 PM
Re: OSHA visiting L.A. talent agencies
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Anonymous
Unregistered
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Quote:
Lou,
Is it true what you say on your bio page here that you are a registerd sex offender, or is that just another fantasy of yours? I will make you a deal lou, you print your full name here and so will I. Same goes for JIM b. And you can all stop sending me pm's asking who I am? If these two put up so will I.
Excuse me, sweetheart?
I don't recall ever saying two words to you, let alone sending you a PM.
In any event, the "B" stands for Ballantine. Happy now?
Best,
JB
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#391072 - 01/16/09 02:00 PM
Re: OSHA visiting L.A. talent agencies
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Bukkake Boy
Registered: 01/02/04
Posts: 698
Loc: CA
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Quote:
the "independent contractor" designation is an antiquated term that has been continually poked at from all sorts of angles in different courts. Its become nothing more than a red flag in courts to scrutinize a business that uses a term like that to skirt insurance requirements, union issues or other labor laws by using this term rather than "employee."
This is another reason why porn is in trouble; adhering to shitty business contracts, business models and terms that are more trouble than they're worth to just follow a few simple laws.
OK, while I agree that the term "independent contractor" is often abused, in the adult film world unless you're hiring a "contract performer" there is no implied relationship between the production company and the model.
The model comes in, signs paperwork affirming her status as an independent contractor, she then signs away her rights to the specific scene being filmed, performs the scene, cleans up, collects her money and leaves.
Once she gets into her car (or on the bus) the model is free to shoot with whomever, whenever, for whatever negotiated price. It's the picture perfect definition of an independent contractor. Any producer that had the balls and money to challenge a Cal-OSHA rule requiring that independent contractors must be treated as employees would win - any day of the week.
When you hire some schmoe to paint your house, they're called what??? .... contractors - not employees. If the owner of the contracting company fails to follow OSHA rules, it's the owner of the contracting companies problem not the person who hired them to paint the house.
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#391074 - 01/16/09 02:44 PM
Re: OSHA visiting L.A. talent agencies
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AC Cream Wannabe
Registered: 01/01/06
Posts: 459
Loc: California
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Quote:
The model comes in, signs paperwork affirming her status as an independent contractor, she then signs away her rights to the specific scene being filmed, performs the scene, cleans up, collects her money and leaves.
Once she gets into her car (or on the bus) the model is free to shoot with whomever, whenever, for whatever negotiated price. It's the picture perfect definition of an independent contractor. Any producer that had the balls and money to challenge a Cal-OSHA rule requiring that independent contractors must be treated as employees would win - any day of the week.
There are several standards for EE vs. IC. For reasons of witholding taxes, they may be ICs. However, a court in California has already determined that for work place injuries, performers are really EEs, if only for the day. And so are the guys that paint your house. Every home owner's policy has a work comp rider as a part of it, just in case your "contractor" doesnt have WC insurance.
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#391075 - 01/16/09 03:36 PM
Re: OSHA visiting L.A. talent agencies
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Anonymous
Unregistered
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Quote:
Quote:
The model comes in, signs paperwork affirming her status as an independent contractor, she then signs away her rights to the specific scene being filmed, performs the scene, cleans up, collects her money and leaves.
Once she gets into her car (or on the bus) the model is free to shoot with whomever, whenever, for whatever negotiated price. It's the picture perfect definition of an independent contractor. Any producer that had the balls and money to challenge a Cal-OSHA rule requiring that independent contractors must be treated as employees would win - any day of the week.
There are several standards for EE vs. IC. For reasons of witholding taxes, they may be ICs. However, a court in California has already determined that for work place injuries, performers are really EEs, if only for the day. And so are the guys that paint your house. Every home owner's policy has a work comp rider as a part of it, just in case your "contractor" doesnt have WC insurance.
that would be on top of the state minimum monetary coverages that a licensed, bonded and insured "contractor" would already have...
Did this shoot have all their proper paperwork in order?
as in a "permit"...( http://www.eidc.com ).
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#391076 - 01/16/09 07:29 PM
Re: OSHA visiting L.A. talent agencies
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Bukkake Boy
Registered: 01/02/04
Posts: 698
Loc: CA
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Quote:
Quote:
The model comes in, signs paperwork affirming her status as an independent contractor, she then signs away her rights to the specific scene being filmed, performs the scene, cleans up, collects her money and leaves.
Once she gets into her car (or on the bus) the model is free to shoot with whomever, whenever, for whatever negotiated price. It's the picture perfect definition of an independent contractor. Any producer that had the balls and money to challenge a Cal-OSHA rule requiring that independent contractors must be treated as employees would win - any day of the week.
There are several standards for EE vs. IC. For reasons of witholding taxes, they may be ICs. However, a court in California has already determined that for work place injuries, performers are really EEs, if only for the day. And so are the guys that paint your house. Every home owner's policy has a work comp rider as a part of it, just in case your "contractor" doesnt have WC insurance.
Doesn't that just fuckin' suck. Now, I have to be worried about the fuckin' mexicans coming over doing landscaping or painting and shit suing my ass for a slip and fall injury.
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#391077 - 01/16/09 08:33 PM
Re: OSHA visiting L.A. talent agencies
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Anonymous
Unregistered
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Quote:
Quote:
No...you are wrong. It was Cal-OSHA. Here's their business cards.
Story on PornNewz
Thanks, I am waiting for the letter they dropped off to be faxed to my office... If you have that, are you going to post it ?
Well the letter I have in front of me is from the County of Los Angeles, Public Health Department, signed by Dr. Peter Kerndt, MD MPH.
This is a combined effort obviously.
they are dropping bombs while the industry is adjusting for a catastrophic meltdown.....sad days are imminent for triple x if these are "gloom and doom" news items of the day....
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#391079 - 01/17/09 02:28 PM
Re: OSHA visiting L.A. talent agencies
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Bukkake Boy
Registered: 01/02/04
Posts: 698
Loc: CA
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Quote:
Why are condoms such a feared and hated thing in the industry? Surely using them is not going to dramatically decrease sales, and if a guy refuses to use one, get a different guy.
What, are you fuckin' kidding me??????
What you apparently don't understand is that the porn industry is not selling sex, it's selling a fantasy. If some guy wants to see a douchbag wearing a condom bone some chick, he can go down to the bar and pick up a skank, rubber-up and go to town.
What he can't see is some douchbag sticking his bare cock into some bimbos ass, pullin it out and sticking it in another bimbos waiting mouth. It just doesn't happen that often in the real world. If video sex is the same as real sex it's value is zero. Why the fuck do you think just about every porno ends with a chick taking a huge load to the face?? Because for the most part, chicks won't do it in real life.
If you don't know that already, then you don't belong in the porno business.
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#391080 - 01/17/09 02:51 PM
Re: OSHA visiting L.A. talent agencies
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Rob Black's Crack Pipe
Registered: 06/30/07
Posts: 80
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I'd be willing to bet that even if the PW who allegedly complained to Cal-OSHA actually has an STD, she did NOT get infected on the set as claimed. This sounds like a fabricated accusation from someone who wanted to inflict revenge after her condom request for the shoot was denied.
Whores lie!
Edited by Desert_N8iv (01/17/09 02:54 PM)
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#391081 - 01/17/09 05:21 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 01/29/07
Posts: 40
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Quote:
What he can't see is some douchbag sticking his bare cock into some bimbos ass, pullin it out and sticking it in another bimbos waiting mouth. It just doesn't happen that often in the real world. If video sex is the same as real sex it's value is zero. Why the fuck do you think just about every porno ends with a chick taking a huge load to the face?? Because for the most part, chicks won't do it in real life.
And part of the fantasy is watching the guy jack himself off at the end while the pw thinks of how long the pay will last her?
And amongst the younger generation, facials and a2m's are becoming fairly common. But really, are the young teens and pre-teens watching porn now, who will soon be buying your porn going to care if they see condoms? Hell, you'd be doing a public service, by getting the kids to wear condoms.
And if it no longer becomes a fantasy to fuck girls in the ass with no condoms, you might have to try a little harder to be more creative to get out of the hole you're falling in.
Does not one company only shoot with condoms? How are their sales compared to the rest? Are they dieing out?
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#391082 - 01/17/09 05:22 PM
Re: OSHA visiting L.A. talent agencies
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Gay For Pay
Registered: 05/16/07
Posts: 988
Loc: Sun Diego
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I was thinking about this a bit more today... The STD can't be HIV otherwise the entire business would be shut down right now. They wouldn't just visit over some form of herpes either despite Anita Cannibal's wishes. I noticed back around June 2007ish AIM added a yellow addendum to be signed for Syphilis from L.A. County Health; I guess there was a few cases of drug resistant syphilis floating around. I'd bet it was a case of that or something like a form of Hepatitis where county health is usually pretty keen to taking action on. I'm just shocked to read Jeffrey Douglas is AIM's counsel too?! I thought AIM tries to be independent...they couldn't find counsel besides him? Hasn't FSC and AIM tried to maintain some sense of separation? 
_________________________
"I choppy choppy yo pee pee"
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#391083 - 01/17/09 05:36 PM
Re: OSHA visiting L.A. talent agencies
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Anonymous
Unregistered
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Quote:
I was thinking about this a bit more today...
The STD can't be HIV otherwise the entire business would be shut down right now. They wouldn't just visit over some form of herpes either despite Anita Cannibal's wishes.
I noticed back around June 2007ish AIM added a yellow addendum to be signed for Syphilis from L.A. County Health; I guess there was a few cases of drug resistant syphilis floating around. I'd bet it was a case of that or something like a form of Hepatitis where county health is usually pretty keen to taking action on.
I'm just shocked to read Jeffrey Douglas is AIM's counsel too?! I thought AIM tries to be independent...they couldn't find counsel besides him? Hasn't FSC and AIM tried to maintain some sense of separation?
wasn't there a Staphylococcus infuction that was drug resistant as well at some point?
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#391085 - 01/17/09 06:30 PM
Re: OSHA visiting L.A. talent agencies
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Anonymous
Unregistered
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Quote:
Quote:
When you hire some schmoe to paint your house, they're called what??? .... contractors - not employees. If the owner of the contracting company fails to follow OSHA rules, it's the owner of the contracting companies problem not the person who hired them to paint the house.
Those days are long gone for the most part. As soon as you start giving the "contractor" much more detail than color and number of coats you want, you've stepped into the wonderful world of personal responsibility for your new short-term employees. As others have pointed out, the courts have seen through the transparent attempts of employers to sidestep living up to what most would consider their responsibilities by means of technicalities, non-binding contracts, legalese laughed at outside of porn, and such for years now.
It's my understanding that most (all?) of the "legal paperwork" found in porn would be unable to withstand substantial scrutiny from an even halfhearted attempt to negate it by competent counsel too.
shhhhhhh.....dont give the whores any extra ammo.....its a fucking war I say!
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#391086 - 01/20/09 05:21 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 12/03/08
Posts: 35
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The response of Ron Miller aka Don Hollywood, posted on Adultfyi.com is, in my opinion, not good advice. To tell a licensed and bonded agent to "not cooperate" with legal authorities when it comes to "jobs" they negotiate on behalf of their clients can put your agency on very shaky legal ground. Aside from negotiating "illegal" contracts for performers, obstruction of justice is no laughing matter.
Quote..."Whether they're the police or the self-proclaimed sex police, there isnt a damn thing they can do about it/ Because the TALENT has done nothing wrong." That is absolutely correct, because it is the AGENTS and the producer/directors, who pay the talent that have done something wrong i.e. not folowing blood borne pathogen laws. (the agents negotiate the specific acts to be perfomed, thatis how the rate of pay is determined and the agent takes a cut.)
It is obvious that Ron Miller is only interested in protecting producers, directors and agents at the expense of the health and well being of the talent.
And it is even more obvious that the one thing that Mr. Miller is most afraid of is the "self appointed sex police" getting the TRUTH about what is happening on a daily basis in porn valley.
Mr. Miller(a lawyer) also is against any type of organization in the jizz biz, because he knows that organization leads to legal responsibility.
Mr. Miller also states that any talent can contact him for FREE advice about how to handle any questions form OSHA or the Health Dept. Do you think the advice he will give will be to the benenfit of the talent, or to the benenfit of the producers,agents, or directors?
It is crystal clear that the one thing the industry fears more than anything else is the TRUTH. If you have nothing to hide and are doing nothing wrong then why not answer their questions, especially when it is in regards to people catching diseases that can affect the rest of their lives.
Why should the porn biz get a free pass on health issues when every other industry has to folow the law?
As a lawyer, Mr. Miller knows, the truth is only your enemy when you have something to hide.
As a lawyer, shouldnt you advise people to tell the truth? Who are you trying to protect Mr. Miller, it certainly is NOT the talent.
The most telling statement in the entire article is, and this is a direct quote form Mr. Miller.......
"Why should talent put their livlihoods at risk by feeding information which would most probably get a production company, or an independenat producer cited?
He all but admits right there that he knows there is something illegal going on. The real question he should ask is, "Why should the talent cover theasses of producers and directors who could care less if the get a disease. As it stands now the talent is shit out of luck and has to pay the bills themselves.
And before you give the predictable response that the talent knows this going in....dont even go there. This is a WORKPLACE HEALTH issue, not a free speech or selfresponsibility issue. SOMEBODY is responsible for health and safety in the workplace, and it is not the low level employee, which in this case is the talent.
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#391087 - 01/20/09 05:30 PM
Re: OSHA visiting L.A. talent agencies
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Ed Hardy Wearing Loser
Registered: 12/03/08
Posts: 35
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shhhhhhh.....dont give the whores any extra ammo.....its a fucking war I say!
The whores already have all the ammo they need. They just dont know how to use it. OSHA has all the ammo they need, they just dont know how to shoot straight. The health department has all the ammo they need too. They just dont want to get involved.
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