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.