via marginalrevolution.com:

The AIDS Healthcare Foundation is lobbying California to require the use of condoms in porn movies. Their argument is that this is an employee safety issue–like requiring workers to wear hard hats–and so should fall under the Cal/OSHA laws.

But in an op-ed at Forbes.com Alex Padilla points out that to fall under the law will require classifying porn stars as employees rather than as performers and that has surprising consequences.

the adult film industry would have to make every performer an employee to satisfy the California’s Division of Occupational Safety and Health, better known as Cal/OSHA, laws. This would be detrimental: California’s anti-discrimination laws prohibit requiring an HIV test as a condition of employment; therefore the adult film industry’s current testing process, in which every performer is tested for HIV monthly, would be illegal. Nor would adult film producers be allowed to “discriminate” by refusing employment to HIV-positive performers. As a result, untested and HIV-positive performers would be able to work in the industry, raising the risks of HIV outbreaks–particularly since condom breakage or slippage can occur.

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