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March 09, 2016

Cal/OSHA Fines James Deen Prod. for Condom Violations

LOS ANGELES—Cal/OSHA issued citations today to Third Rock Enterprises Inc., better known as James Deen Productions, with proposed fines totaling $77,875 for multiple violations of state condom and other safety laws, according to a press release from the California Department of Industrial Relations. These fines result from a January 12 raid of James Deen's Woodland Hills home following a complaint to Cal/OSHA from the AIDS Healthcare Foundation (AHF), the findings of which were that Deen's studio "did not protect performers through the use of condoms, as required by California's bloodborne pathogens standard" and "did not provide a vaccine or follow-up medical examination to employees who were potentially exposed to hepatitis B," the press release stated. "Cal/OSHA requires condom use in adult films to protect workers from exposure to HIV and other sexually transmitted infections," Cal/OSHA chief Juliann Sum said. "Third Rock Enterprises failed to protect employees from illness and injury while on set." Cal/OSHA officially opened its investigation into Deen's company on December 8, 2015, at which point Deen and his counsel refused to provide the government agency with requested safety documentation or permission to investigate. A warrant issued by Los Angeles Superior Court allowed Cal/OSHA to conduct its January 12 inspection of Deen's home. The citations Cal/OSHA imposed on Deen's company number nine in all, including one for failing to provide the requested safety records and four for "serious health-related violations." A "serious" violation, the DIR press release explains, "is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition." Deen's attorney declined on his behalf when contacted by AVN to comment on today's citations. The Free Speech Coaltion (FSC), however, offered the following statement: "Cal/OSHA toady released a proposed fine against Third Rock Enterprises, in the amount of $77,875 for potential violations, including failure to use a condom. While the number may look eye-catching, it should be viewed critically. "While we can't speak to the particulars of this case, the fine [is] only a preliminary assessment, which is often quite different than any final number. Nor does the fine necessarily relate to an actual danger on-set, or threat to performers. In fact, upon closer inspection in similar cases, Cal/OSHA has deemed failure to use a condom to be a 'not serious' violation, with fines in the hundreds of dollars. "It is also worth noting that this complaint was filed not by any performer or any person on set, but by the controversial, morals-based AIDS Healthcare Foundation, which merely watched the film to look for a condom. Like most of AHF's actions, this complaint should be viewed politically. AHF is currently pushing a mandatory condom law [on] California that would allow private citizens like them [to] file lawsuits against performers who don't use condoms—and to profit from the lawsuits. AHF's repeated Cal/OSHA campaigns have less to do with performer health and more to do with the policing of performers' bodies, and the censorship of adult films. It's an outrage and a tremendous waste of taxpayer dollars." It should be further noted that previous similar Cal/OSHA citations against adult producers have been successfully reversed, including by both Evil Angel and Treasure Island Media in 2015.

 
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