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#55887 - 09/16/04 03:00 PM Cal/OSHA Fines Evasive Angles
Saevus Maximus Offline
Gay For Pay

Registered: 04/19/03
Posts: 1083
Loc: In the corner, cutting myself.
From avn.com

Cal/OSHA Fines Evasive Angles and TTB Productions for HIV Exposures
By: Scott Ross
09-16-2004


CHATSWORTH, California - Evasive Angles and TTB Productions, both adult companies owned by T.T. Boy, have each received citations from California's Occupational Safety and Health Administration (Cal/OSHA) totaling $30,560 for violations of health and safety regulations related to the exposure of three performers to HIV earlier this year.

The citations are the first of their kind in the adult industry, and are notable for classifying adult talent as employees, not contract employees.

“Employers in the adult film industry must know how to protect their employees from health and safety hazards and understand the consequences of failing to comply with state regulations,” said Vicky Heza, Cal/OSHA’s deputy chief of enforcement, in a statement released to the media.

The employment status of adult talent was the subject of heated debate during the HIV crisis that began when Darren James was diagnosed as HIV-positive in April of this year.

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#55888 - 09/16/04 03:11 PM Re: Cal/OSHA Fines Evasive Angles
Sick Fuck Offline
Max Hardcore Prison Bitch

Registered: 08/07/04
Posts: 169
Holy shit!
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#55889 - 09/16/04 05:27 PM Re: Cal/OSHA Fines Evasive Angles
It Was Fun Offline
aka Gen Padova
Porn Jesus

Registered: 04/20/03
Posts: 4517
regardless of the new rules or whatever... TT Boy deserves it.

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#55890 - 09/16/04 05:39 PM Re: Cal/OSHA Fines Evasive Angles
Cerberus Offline
Whoremaster

Registered: 07/23/04
Posts: 2723
Loc: A very dark inner place, join ...
Quote:

regardless of the new rules or whatever... TT Boy deserves it.



Hey Gen
How about giving an outsider an insiders view on your comment.
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#55891 - 09/16/04 06:12 PM Re: Cal/OSHA Fines Evasive Angles
JRV Offline
Porn Jesus

Registered: 08/03/03
Posts: 5849
Loc: TX, USA
Quote:

regardless of the new rules or whatever... TT Boy deserves it.



Maybe. But this is a huge precedent. Unless JM, Red Light, Evil Angel and others fund TT Boy's defense they might as well start packing to move out of state right now.

The question is "employee" and whether CAL/OSHA is free to define that in any way they want, and just as important, whether or not other agencies can then rely on that designation.

This is one of those things CAL/OSHA only has to win once. If they defeat Evasive here they'll never have to argue it again when they target everyone else. It's not the case that EA would be allowed to argue the point - CAL/OSHA would simply cite existing precedent established in the Evasive case and that would be that.

This being California there's probably existing case law from mainstream Hollywood that applies. If there isn't then TT might well be able to get legal assistance from studios on this - the precedent might be one they want to avoid too.

TT may deserve to hang, but not in a way that takes everyone else down too.
_________________________
"If they can't picture me with a knife, forcing them to strip in an alley, I don't want any part of it. It's humiliating." - windsock

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#55892 - 09/17/04 03:09 AM Re: Cal/OSHA Fines Evasive Angles
Toelicker Offline
Porn Fucking Master

Registered: 04/21/04
Posts: 3899
Loc: CO Springs
$30,500?

Shit, I scoff at the number.

Porn on!
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you mean my days having fun while being fundamentally superior to you? - Jamesn

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#55893 - 09/17/04 03:18 AM Re: Cal/OSHA Fines Evasive Angles
Mike Meatmaster Offline
Pervert

Registered: 05/31/03
Posts: 2211
Loc: TX
Quote:

Maybe. But this is a huge precedent. Unless JM, Red Light, Evil Angel and others fund TT Boy's defense they might as well start packing to move out of state right now.





I would imagine EVERY state has similar regulations which may be more centered around the medical industry but could be applied to porn easily. Also, I think the definition of "employee" in regards to "independant contractor" well... usually many people try to use the independant contractor status but courts agree that the person is typically an employee. I think the independant contractor (as I'm one myself at least according to my employer, however I have worked enough to easily destroy that definition) is overused to avoid these types of things but it doesn't always hold up when challenged. We'll see though...
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#55894 - 09/17/04 05:57 AM Re: Cal/OSHA Fines Evasive Angles
RobertF Offline
Human Garbage

Registered: 04/20/03
Posts: 1630
Loc: SoCal
Quote:

$30,500?

Shit, I scoff at the number.

Porn on!




Honestly TTBoy probably laughed at that figure...he should be getting sued for millions.
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#55895 - 09/17/04 06:24 AM Re: Cal/OSHA Fines Evasive Angles
It Was Fun Offline
aka Gen Padova
Porn Jesus

Registered: 04/20/03
Posts: 4517
If anything serious boils down with Cal/OSHA or anything, and then companies feel their only option is to run away from what they fear by going to another state. I find that quite pussy-like. Because there are many ways I'm sure they can come up with to make movies as good as they are today without Cal/OSHA sending out fines and talent trying to sue.

Besides, good luck finding as many whores in other states compared to what you have in CA. You'll never have as much as you have here... and you know companies are always hungry for more. I don't think any other state can keep up.

And I don't think even Vegas can measure up even though it's a good candidate.

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#55896 - 09/17/04 07:57 AM Re: Cal/OSHA Fines Evasive Angles
ChickenMaster Offline
Demon Spawn

Registered: 07/07/04
Posts: 3178
Quote:

Quote:

$30,500?

Shit, I scoff at the number.

Porn on!




Honestly TTBoy probably laughed at that figure...he should be getting sued for millions.




That case will probably be a stepping stone for something bigger if they win. The Asscroft power rangers of doom are on the case.

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#55897 - 09/17/04 09:30 AM Re: Cal/OSHA Fines Evasive Angles
Mike Meatmaster Offline
Pervert

Registered: 05/31/03
Posts: 2211
Loc: TX
Quote:

If anything serious boils down with Cal/OSHA or anything, and then companies feel their only option is to run away from what they fear by going to another state. I find that quite pussy-like. Because there are many ways I'm sure they can come up with to make movies as good as they are today without Cal/OSHA sending out fines and talent trying to sue.

Besides, good luck finding as many whores in other states compared to what you have in CA. You'll never have as much as you have here... and you know companies are always hungry for more. I don't think any other state can keep up.

And I don't think even Vegas can measure up even though it's a good candidate.




They can run but they can't hide... similar regs would most likely be in effect in all 50 states.

Also, TT Boy could just pay the fine and call it cost of doing business. Don't know if that would set any kind of precedent but it might be cheaper than fighting it.
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#55898 - 09/17/04 02:34 PM Re: Cal/OSHA Fines Evasive Angles
Porno Collector Offline
Max Hardcore Prison Bitch

Registered: 12/22/03
Posts: 158
Fuck, I will just buy more of his videos so TT Boy stays in business

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#55899 - 09/17/04 08:21 PM Re: Cal/OSHA Fines Evasive Angles
RobertF Offline
Human Garbage

Registered: 04/20/03
Posts: 1630
Loc: SoCal
Quote:

I don't think any other state can keep up.

And I don't think even Vegas can measure up even though it's a good candidate.




Not true about the whores here....they go where the companies are...if the companies were here, there would be no shortage of girls. Each strip club has literally hundreds of girls.
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#55900 - 09/20/04 02:03 AM Re: Cal/OSHA Fines Evasive Angles
JRV Offline
Porn Jesus

Registered: 08/03/03
Posts: 5849
Loc: TX, USA
Quote:

Because there are many ways I'm sure they can come up with to make movies as good as they are today without Cal/OSHA sending out fines



Not if CAL/OSHA doesn't want them to.

OSHA agencies do a great job of driving up costs and putting companies out of business even when they don't have that as a goal. OSHA-style regulations and paperwork is the best way to smother porn companies once it dawns on the Radical Right that while courts might reject outright banning porn, maybe embrace and smother might be allowed.

This is what NAFTA was about. Most companies didn't move for cheaper paychecks - those with high enough labor/transform cost ratios had already gone overseas - but rather to escape worker's comp and OSHA regulations on employees.

Quote:

Besides, good luck finding as many whores in other states compared to what you have in CA. You'll never have as much as you have here... and you know companies are always hungry for more. I don't think any other state can keep up.



Other states don't need to keep up: the girls already go where the work is.

Sineplex uses very few American girls or scenes in their releases. After a few rounds of CAL/OSHA paperwork and additional regs, worker's comp, insurance requirements, etc, I expect a lot of companies to look a lot more like Sineplex.

The main difference in my view is that I see the current fines as no more than an effort to set precedent that performers can be treated as ordinary employees. The rules are light to help survive a court challenge on that point. Once the precedent is in place then the rules they really want will be unveiled. Releasing the full set of regs up front might unite porn companies to fund a lawsuit and influence courts.

The other view is everyone seems to assume a reasonably benign OSHA that will issue what they think are good rules but that's it. I'm wondering what happens when anti-porn people are appointed to head CAL/OSHA, people actually want to shut down porn companies. They do exist, and they will try to get that job.
_________________________
"If they can't picture me with a knife, forcing them to strip in an alley, I don't want any part of it. It's humiliating." - windsock

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