Hustler Fined Over Condom Use

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First, there was Vivid in trouble, then came news that L.A. County officials were demanding blood tests from porn stars. Now The L.A. porn industry is under fire again as California workplace safety officials Cal/OSHA, have fined Larry Flynt’s Hustler Video and Forsaken Pictures adult film labels, for allegedly not using condoms on set to protect sex performers from exposure to sexually transmitted diseases.

Hustler Video /LFP, Inc faces $14,175 in fines for three violations, including failure to provide condoms according to a Division of Occupational Safety and Health citation which was provided to The Associated Press last Wednesday March 30, 2011. Forsaken Pictures faces $12,150 in fines for similar violations. The fines were issued back on Wednesday March 9th.  

According to Cal/OSHA, Hustler Video “failed to ensure the use of appropriate personal protective equipment, such as condoms” to protect its employees from semen, vaginal excretions and blood in the course of producing adult videos, according to the citation.

The current fines are based on the same section of state law that also requires hospitals to provide nurses with protective gear to spare them exposure to blood-borne and fluid-borne illnesses. 

Late last year, a porn actor tested positive for HIV at a California clinic, causing panic among porn stars. Some San Fernando Valley Adult Entertainment studios in the multi billion-dollar adult entertainment industry stopped production temporarily as a precaution.

Hustler Video attorneys have indicated to Cal/OSHA that the company plans to appeal recent health citations stemming from an investigation into the company that found it violated various workplace safety regulations.

Interesting stuff, with some industry insiders speculating that this may hurt the industry – or perhaps even drive it out of California.

Legal question: If condoms were provided, but the models signed a waiver saying that they refused to wear them, would liability be reduced?