HDK will be partnering with the Adult Industry Medical Healthcare
Foundation (AIM), which currently provides HIV and STD testing for
studios on the straight side of the porn industry. While perfomers with
HIV are barred from employement in the straight industry, HDK
engages in a process of sero-sorting, a controversial scheme in which
companies match HIV-positive perfomers with other HIV-positive
perfomers, and negative with negative. Critics suggest that
sero-sorting may not prevent the development of a multi-strain
“supervirus.”
Interestingly, HDK’s Bill Gardner quickly turned the spotlight on
other, newer bareback producers, accusing them of irresponsibility in
terms that might have been used only weeks ago against him:
We are alarmed and shocked at the proliferation
of new bareback studios, especially those from overseas, who are using
increasingly younger models without providing any counseling or
information regarding STD transmission to these models. It appears as
if these studios care little for the health and safety of their models.
When Cal/OSHA (California Occupational Safety and Health) began
inspecting porn sets, including Naughty America, this past fall for
health code violations, studios across the state began re-evaluating
their own best practices in regards to models safety; in a recent interview, LaRue said she believed condoms were the only way to prevent HIV infection on a set. Studios like LaRue’s Channel 1 Releasing and Titan Media continue to advocate
for increased model safety. While AIM tests are available in all 50 states, HDK has not mentioned whether or not footage shot overseas, or from third-party companies and sold under the HDK label, will include the same standards.
Related:
Chi Chi Attacks Bareback Producers
Three British Bareback Twins Contract HIV the Old-Fashioned Way
Cal-OSHA Inspects Naughty America for Safety Violations
Its about time finding better test to short the window period …
Its about time finding better test to short the window period …
I just became aware of this site today but wanted to clear up a couple of issues made in this story and in the comments.
HDK does use European studios for a few films a year and yes, we do require those studios to provide us with testing results of the models. We will, of course continue to do so.
In a post made by anonymous, he stated that if a studio in California uses two models together who are both HIV Poz, then the studio has violated Cal-OSHA regulations for bloodborne pathogens and has violated California law. Actually, this is NOT correct.
First, a regulation is not the same as a law. It is not illegal for a studio to use HIV Poz models. Actually, according to the “law” in California it is illegal for a company…any company, to discriminate against any person for a job because of their HIV status.
Cal-OSHA regulations are quite different. According to Cal-OSHA, two “HIV Poz employees”, and both Cal-OSHA and the EDD consider models as employees rather than independent contractors, CAN be paid to have anal sex as part of the work environment as long as they are wearing condoms. Likewise, the same hold true for two HIV Neg employees…as long as they are wearing condoms they may be paid for having anal sex on camera.
Cal-OSHA regulations do not differentiate between a Poz Model or a Neg Model. However, it is against Cal-OSHA regulations to have anal sex without the use of condom REGARDLESS of the status of either model. Likewise, it is a violation of Cal-OSHA regulations to rim without a dental damn. It is a violation of Cal-OSHA regulations to give a blow job without a condom. It is against Cal-OSHA regulations to ejaculate on someones back or arm or leg or face at ANY time. The fines for ANY of these activities average slightly over $10,000 and can range as high as $30,000.
According to Cal-OSHA regulations all studios making adult films must also have a written safety plan in effect for the eventuality that a transferrence of “bloodborne pathogens” (cum, piss, blood, etc.) occurs from one model to another. Cal-OSHA also requires that a studio that does have an “incident” of transferrence of bloodborne pathogens from one employee to another must offer the employee an opportunity to have a vaccination for Hep A and B, OR obtain from the employee IN WRITING his refusal to take the vaccination. This is only a small part of the Cal-OSHA regs, there are many more regulations which studios must comply with.
Given these facts, it is likely that NO studio is in compliance with Cal-OSHA. Also, given these facts, it is likely that nearly all studios are in violation of the EED regulations (which also happen to be a LAW) because most studios still pay there models as independent contractors.
HDK has been accused of starting testing by the condom only studios because we were afraid of Cal-OSHA and were feeliing the “heat”. Actually nothing could be further from the truth. What most people in the industry don’t know is that 4 years ago Hot Desert Knights, Inc. ceased doing business in California. We closed down Hot Desert Knights, Inc. and moved from California. What is still in Palm Springs is our distribution company, HDK Distribution, Inc. Hot Desert Knights, Inc. is, and for 4 years now, has been a Nevada Corporation as well as operating out of the state of Delaware. As such, we do not fall under any Cal-OSHA regulations for our filming. Only our distribution company needs to comply with Cal-OSHA since it is a California Corporation and, of course, our distribution company does no filming.
We made the decision to begin testing and Serosorting in order to provide the safest work environment possible for our models. We have always put the safety and health of our models first. We have always Serosorted them according to what they told us their status was. Now, since the advent of the PRC/DNA HIV test, which shortens the window from time of infection to time of a positive test results has been decreased from 6 to 12 months to just a few days, we now believed it was time for us to take this step.
It is our hope that the entire gay adult film industry follows our lead. Several bareback producers have called me and I believe I can say that shortly we will see them begin testing.
What I am most surprised by is the fact that no condom studios have made any statements regarding our decision to test models, none have called me and it seems that after years of blasting us for being irresponsible, it is they who are afraid of testing and it is they who perhaps are not as concerned about the safety and health of their models. While they may use condoms for anal sex, they still will have to answer to their models if any of them acquires Hep C or any of the other myriad STD’s that can be transmitted by rimming or facial cumshots or sucking a dick with no condom.
Thanks,
Bill Gardner
President
Hot Desert Knights, Inc.
Unfortunately, the truth is that paying two known HIV+ performers to have unprotected sex together on film is illegal in California. Once a producer is aware of a HIV+ performer and pays them to perform without protective barriers (condoms), the producer has violated the Cal-OSHA Blood-borne pathogens laws. While sero-sorting HIV+ performers for bareback films may sound like a workable solution, under the current laws it is not.
This is about commercial exploitation of paid performers, not about what people chose to do in their personal and private lives. These are corporate entities paying people to perform sex acts on film. As such these commercial and for-profit enterprises are goverend by the same employment laws as any other business.
Restrictions and criticism might silence or curtail the activities on the “major” bareback-specialty studios. It will not, however, prevent bareback movies from being made, they’ll just go underground. And which is more dangerous? A rogue manufacturer free of restrictions or a known company that’s making an effort.
How about suing and criminalizing the co-stars first? They are the ones showing little care, much like an adulterer in any relationship shows little care by steeping outside the relationship and bringing a disease back home. IMO, if we are moving closer to realizing little distinction between porn industry and “real life” sex, porn stars are then bound to the same standards as other people – sexual commitment to one partner at a time but without explicitly expecting to move on to the next partner.