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Safer Sex for Sex Workers Part 2: Public Health Issues in the Adult Film Industry
1. Worker Health and Safety in the
Adult Film Industry
Peter R. Kerndt, MD, MPH
Director, Sexually Transmitted Disease Program
Los Angeles County Department of Public Health
Policy Implications
2. Adult Film Industry (AFI): Outline
Background: Why are we here?
What are the health risks to workers?
Role of screening and treatment
Who protects workers?
2004 Industry HIV Outbreak
Current industry practices
Challenges to ensuring a safe workplace
Where do we go from here?
3. Background
In April, 2004, four outbreak related cases of HIV
were identified in the Adult Film Industry (AFI) in
Los Angeles County
Sexual contact histories and subsequent gene
sequencing documented workplace transmission
of HIV
How can AFI workers be protected from HIV and
other STDs? How can workplace transmission of
STDs and another HIV outbreak be prevented?
4. STD Risks to AFI Performers
Importance of STD
STDs are common
Preventable by condoms
Almost all are “silent”
no symptoms
identified by screening
Serious consequences
Significant morbidity or life threatening
STDs increase risk of HIV
5. STD Risks to AFI Performers
Importance of STD
Serious consequences
AIDS; often fatal
Increased risk of HIV
Neonatal infection
Cervical, penile, anal cancer
Neonatal infection
Liver disease, liver cancer
Neonatal infection
Chlamydia
Gonorrhea
Trichomoniasis (Trich)
Bacterial vaginosis (BV)
HIV
Hepatitis B virus (HBV)
Hepatitis C virus (HCV)
Syphilis
Herpes simplex virus (HSV)
Human papillomavirus (HPV)
Increased risk of HIV
PID, infertility
Pregnancy complications
Neonatal infection
6. STD Risks to AFI Performers
STDs spread by fluid exposure to mucous membranes
Contact of FLUIDS (pre-ejaculate, semen, penile discharge,
cervical/vaginal or anorectal secretions) with
MUCOUS MEMBRANES - urethra, cervix/vagina, anus/rectum,
mouth/throat, eye
Vaginal, anal, oral sex
Shared sex toys
STDs include:
Chlamydia
Gonorrhea
HIV
Hepatitis B (HBV)
Hepatitis C (HCV)
Trichomoniasis
Bacterial vaginosis (BV)
Easily preventable by condoms
}also in blood
7. STD Risks to AFI Performers
STDs spread “skin to skin”
Spread by contact of infected skin/mucous
membrane with partner’s skin/mucous membrane
Vaginal, anal, oral contact
Shared sex toys
STDs include:
Herpes simplex virus (HSV)
Human papillomavirus (HPV)
Syphilis
Preventable by condoms
}also in fluids
- also can be in blood
8. STD Risks to AFI Performers
Chlamydia
Gonorrhea
HSV
Syphilis
HIV
STDs transmissible to eye
Chlamydia
Gonorrhea
HSV
STDs spread by fellatio
9. STD Risks to AFI Performers
STDs spread by “fecal-oral” contact
Usually transmitted by contaminated food or water; CAN be
transmitted sexually through:
Anilingus
Fellatio immediately after anal sex
Oral contact with sex toys immediately after anal contact
Sexually transmitted enteric infections include:
Hepatitis A (HAV)
Entamoeba histolytica
Giardia lamblia
Shigella
Salmonella
Cryptosporidium
Campylobacter
10. STD Risks to AFI Performers
Gonorrhea: 20-90%
Chlamydia: 45%
HPV: 40%
HSV: 0.05 - 0.2%
HIV: 0.05% - 20%
Estimated risk of infection from 1 vaginal sex act
with an infected partner:
11. STD Risks to AFI Performers
Multiple partners over short time periods
increases risk of STD/HIV
increases potential for rapid spread
Prolonged intercourse
inadequate lubrication
anogenital trauma w/ bleeding or menstruation
Lack of protective equipment
Condoms, dental dams/barriers, lubricants
Current AFI workplace practices increase risk:
12. STD Risks to AFI Performers
Screening does not prevent infection
Allows prompt identification and treatment
of infected persons
Can prevent adverse consequences of
infections
Prevents further spread to sex partners
17. Worker Protection: OSHA
1970 Occupational Safety and Health Act
established OSHA and NIOSH
Permitted State Plans, if as effective as OSHA
1973 California Occupational Safety and Health
Act established Cal/OSHA from existing
programs.
18. “Occupational Exposure” as
defined by OSHA
“Occupational Exposure” means reasonably
anticipated skin, eye, mucous membrane, or
parenteral contact with blood or other potentially
infectious materials (OPIM) that may result from
the performance of an employee's duties.” (8 CCR
5193)
19. Cal/OSHA Response to AFI
Cal/OSHA has determined that if there is an
employer/employee relationship, employers
must comply with:
Injury and Illness Prevention Program regulation
(8 CCR 3203) requiring a written health and
safety program
Bloodborne Pathogens (8 CCR 5193)
Sanitation codes (8 CCR 3360-3367)
20. Bloodborne Pathogens
Requirements
Written exposure control plan
Control measures including engineering
controls and personal protective equipment
Training
HBV vaccination and post-exposure follow-up
Confidential records
21. Current AFI Regulation and Oversight
Child pornography statutes
18 USC §§ 2252, 2256-2257
California Penal Code §§ 311.3 - 312.7
Strictly adhered to by industry
Filming permits
By city ordinances
Obtained through multiple agencies, e.g., EIDC
in Los Angeles
Currently not often obtained in L.A.
22. April 9, 2004: a 40 yr-old male performer tests HIV+
By PCR DNA test (Roche Amplicor HIV-1)
Testing by AIM, a private clinic performing HIV testing for
AFI workers since 1998
April-May 2004: three female performers test HIV+
All had direct sexual contact with male Index Case
All tested negative within 3 weeks of sexual contact with
Index but later all had documented seroconversion
The HIV Outbreak of 2004
23. The Index Case
AFI veteran since 1998, performed in 250 films
Tested for HIV every 3-4 weeks for 7 years, always
negative, including Feb. 12, 2004
Went to make adult films in Brazil in late February
In Brazil, had flu-like illness that self-resolved
March 10: returned to California
March 17: again tested HIV-negative
March-April: continued performing in adult films
direct sexual contact with 13 female performers
no private sexual partners since Feb. 12
The 2004 HIV Outbreak
24. The Three Female Cases
3 of the 13 females who worked with Index Case
after his return from Brazil test HIV-positive:
F #1, age 21, tested positive April 13
F #2, age 26, tested positive April 25
F #3, age 25, tested positive May 5
23% attack rate
All three HIV+ females had unprotected double-anal
intercourse with Index Case
Increased potential for mucosal tears
The 2004 HIV Outbreak
25.
26. Public Health Response: LAC DPH
LAC DPH
Investigated outbreak, interviewed all HIV-positive performers
Provided medical referrals and partner testing as needed
Urged AIM to recommend condoms for all sex acts
Sent letter to 760 AFI production company custodians of records:
– Use condoms for all sex acts
– Provide routine periodic HIV/STD screening
– Provide HAV/HBV vaccination
– Provide worker education
CDC: technical assistance site visit May 18-19 by
NIOSH and NCHSTP, per LAC DPH request
Cal/OSHA: opens investigation June 4, per LAC
DPH request
The 2004 HIV Outbreak
27. Public Health Response: Cal/OSHA
9-15-04: Issues 4 citations each to two production
companies, for failure to:
comply with Bloodborne Pathogens (BP) standard
report serious work-related illness
record injuries and illnesses
prepare and follow written IIPP
Total fines: $30,560 per company
Webpage for AFI workers and employers created by CA
DIR 9-04: www.dir.ca.gov/dosh/AdultFilmIndustry.html
Asserts CA occupational health standards applicable to
AFI, specifically including BP and IIPP
The 2004 HIV Outbreak
28. AFI Background
Legal in CA: People v. Freeman, 1988
Large revenues:
Estimated gross revenue from up to 11,000 films annually: as
high as $13 billion
Estimated retail value of product produced in LA County in
2002: $3 billion
In LAC: ~ 200 AFI production companies
An estimated 5-10 large companies make >40% of films
Approximately 5 major film distributors
More than 700 legal custodians of records
In LAC: 6,000 workers (total)
1,200 sex performers
An estimated 75% of performers are female
Only 30-100 regular male performers
Many female performers make only one film
29. AFI’s Move to Cable TV
Comcast: $50 million from “adult “
films in 2002
Time Warner to Cablevision,
distribute sexually explicit material
$$$? In annual reports
General Motors, until recently
owned Hughes Technology, which
owns EchoStar and DirecTV, both
distribute adult films
DirecTV made $200 to $500 million
from adult films in 2002
Scope
30. Adult Film in Hotel Chains
Hilton, Marriot, Hyatt, Sheraton
and Holiday Inn, all offer adult
films on in-room pay-per-view
television systems.
Estimated 50% of hotel guests
watch these films.
Account for nearly 70 % of Hotel
in-room profits.
Scope
31. The Town and Country
Doubletree Hotels
Comfort Inns
Best Western Hotels
The Bristol
Marriott Hotels
Days Inns
Embassy Suites
Handlery Hotels
Sheraton Hotels
Four Seasons
Hampton Inns
Hilton Hotels
Holiday Inns
Howard Johnson's
Hyatt Hotels
La Quinta Inns
La Valencia Hotel
Radisson Hotels
Ramada Inn
Red Lion
The Westgate
The Westin
The Wyndham
Hotel Chain Subscribers
of Adult Films
Scope
32. General AFI Work Practices that can
Increase HIV/STD Risks to Performers
Multiple partners over short time periods
Increases risk of STD/HIV infection
Increases potential for rapid spread
Prolonged episodes of sexual contact
Riskier types of sex
Anal or double anal penetration
Internal anal and vaginal ejaculation
Lack of protective equipment (i.e., condoms, gloves)
33. “Straight” AFI: Specific Work Practices
Minimal condom use
< 20% for vaginal and anal sex
0% for oral sex
Some HIV/STD testing
HIV-positive performers/applicants excluded from work
High-risk sex acts relatively common
Ejaculation into mouth, face
Some internal vaginal and/or anal ejaculation
Unprotected anal sex is common
Double-vaginal and double-anal sex frequent
HIV/STD and other enteric pathogen risk from: sharing of sex
toys, oral-anal contact, ejaculation into eye
34. Gay Male AFI: Specific Work Practices
More frequent condom use
Estimated approx 80% of gay male films
used condoms in film releases in 2005
Condoms NOT used for oral sex
NO industry testing norm for HIV or other STDs
Many HIV-positive men work in the industry
Some “bareback” companies shoot exclusively
without condoms
35. AFI : Previous Incidents of HIV
Transmission
Straight AFI
1998: one male performer transmits HIV to at least 5
female performers
Other reported incidents in 1999, 1997, and 1995
Gay Male AFI
Unknown, due to lack of testing
Presence of HIV-positive men in Gay Male AFI makes
transmission possible
Recent report of HIV outbreak in England; 3 gay male
performers infected
36. During an 18-month period, STDs were10-fold
greater vs. similarly-aged LAC population,
same time period: 7% vs. 0.7% (Chlamydia)
and 2% vs. 0.2% (gonorrhea)
STD Prevalence in Performers
38. STD Morbidity among AFI
Performers: April 2004-March 2008
Females Males Total*
N (%) N (%) N (%)
SY only -- (0%) 5 (1%) 5 (0.2%)
CT only 967 (51%) 537 (72%) 1506 (57%)
GC only 735 (39%) 170 (23%) 906 (34%)
SY*CT -- (0%) 1 (0%) 1 (0%)
CT*GC 176 (9%) 36 (5%) 214 (8%)
Total 1878 (71%) 749 (28%) 2632 (100%)
*Includes unknown sex
39. Distribution of AFI Performers and their
Infections: April 2004-March 2008
Distribution of Performers Distribution of Infections*
N (%) N (%)
Total 1884 (100%) 2847 (100%)
No reinfection 1430 (76%) 1542 (54%)
Reinfection 454 (24%) 1305 (46%)
1 500 (18%)
2 278 (15%) 495 (17%)
3 106 (6%) 187 (7%)
4 41 (2%) 74 (3%)
5 16 (1%) 30 (1%)
6 9 (0.5%) 13 (0.5%)
7 2 (0.1%) 4 (0.1%)
8 2 (0.1%) 2 (0.1%)
*Includes co-morbidities
40. Percentage of cases reinfected
within one year
120 159 135
405 469 438
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
4/04-3/05 4/05-3/06 4/06-3/07
Time period (month/year)
Percentage
Reinfection No Reinfection
23% 25% 24%
N=525 N=628 N=573
41. STD Reinfection among AFI
Performers: April 2004-March 2008
2,847 STD infections diagnosed among 1,884
performers.
About 70% of infections occurred in females.
454 (24%) were reinfected.
Of those reinfected (n=454), 70 (15%) had at
least 4 infections.
Time to next infection:
Median: 183 days (~6 mos)
Females were reinfected on average 2 months
earlier than males (231 vs. 298 days, p<0.001).
42. Key AFI Health and Safety Policy Issues
Worker status: employees vs. independent contractors?
Most producers say: independent contractors
Cal/OSHA standards only applicable if employees
Likely to be ruled employees in most cases
Testing
Testing alone NOT adequate for HIV/STD prevention
– window period
– technical limitations e.g., in detecting all HIV types
– HIV outbreak, numerous STD cases despite testing
Testing does help detect disease
– But: sharing of results poses legal problems
– Testing is used as work qualification in some situations
(e.g., typhoid and food handlers)
43. Beyond the Set: Other Intervention Levels
Special effects: use to “erase” condoms, simulate
riskier acts
Producers claim currently too costly
If large-scale use, can costs become reasonable?
Some (e.g., gay male industry) say condoms
should be visible, to enforce “social norm”
More enforcement of filming permits, to enable
worksite monitoring and enforcement
44. Recommendations of Paul Koretz
Chair, CA Assembly Committee on Labor and Employment
Legislation introduced 2004 (T Lesile R-Tahoe City)
August 16, 2004: After public hearing on outbreak,
Assemblymember Koretz urged industry to:
Voluntarily require performers to use condoms
Implement 13 “harm reduction” strategies recommended
by Dr. Thomas Coates of UCLA (e.g., condoms for anal,
vaginal sex, no ejaculation into any body cavity)
If condoms not voluntarily adopted, AFI told there
would be legislative action
No action by AFI to date; no legislation
45. Industry Responses
Violation of Free Speech
Condoms are inappropriate interference with
desired product
Cal/OSHA regulations are to burdensome and
will force them “underground” or out of state
Talent are not employees, and therefore are
beyond Cal/OSHA jurisdiction
46. Freedom of Speech
No attempt to regulate content, only the health
and safety conditions for employees in making
the product
In the mainstream film industry, activities are
OSHA regulated, and most performers are
considered employees
While mainstream films may show a person
killed by being thrown off a building, injury to an
actor or stuntman generally does not occur
47. Where Do We Go From Here?
Recommendations
Change work conditions and practices
Mandatory condom use
Reduce riskier practices
Use simulation, filming techniques to reduce risk
Provide regular education and training; post health and safety
information at worksites
Provide employer-paid medical monitoring and vaccination for
HBV/HAV/HPV and other STDs as vaccine becomes available
Testing and treatment
Not sufficient, but necessary to reduce overall risk
Employers should pay for program; must be confidential
May require special legislation to address legal conflicts
48. Exposure Control Plan is Key
Written ECP establishes a matrix of controls
Engineering controls
Simulation
Barrier protection
Production techniques
Personal Protective Equipment
Does not need to appear on screen
Use in combination with production techniques (cut-
aways, etc.)
49. Challenges: How Different is the AFI?
AFI workers are mostly young (18-25)
AFI workers may be being paid under-the-table
or as independent contractors
AFI workers are not represented by unions
AFI workers often see themselves outside of the
mainstream, and want to avoid the government
AFI workers may be exposed to hazards without
training or protection
50. Challenges to Enforcement of
Standards in the AFI
Lack of perceived need, free speech vs. worker
health and safety matter
Resistance from employers, mobility of
employees, anti-government views makes a
highly contentious environment
53. Cal/OSHA’s Enforcement Team
Cal/OSHA has a hotline for employer questions
and employee complaints
(213) 237-9958
Enforcement activities in Southern CA are
assigned through the Anaheim High Hazard Unit
Legal support from Cal/OSHA and DLSE legal
units
54. Cal/OSHA on the Web
Cal/OSHA: http://www.dir.ca.gov/dosh/
Cal/OSHA Adult Film Industry Webpage:
http://www.dir.ca.gov/dosh/adultfilmindustry.html
Bloodborne Pathogens Standard:
http://www.dir.ca.gov/Title8/5193.html
55. Peter R. Kerndt, MD, MPH
Director, Sexually Transmitted Disease Program
Los Angeles County Department of Public Health
pkerndt@ph.lacounty.gov
(213)744-3093
Editor's Notes
Why do we care about STD? First of all, they are very common and most are preventable by condom use. But almost all of them are silent – they cause no symptoms and people don’t know they’re infected unless they get screened. If not treated early, STDs can have serious, sometimes fatal, consequences, and also many STDs increase the risk of HIV.
Here is a more detailed list of consequences, including infertility, several types of cancer, and neonatal infection that can be fatal.
Some STDs are spread ONLY when infectious anogenital fluids contact a partner’s mucous membranes. Fluids include pre-ejaculate, semen, and penile discharge and cervical/vaginal or anorectal secretions. Mucous membranes include the urethra, cervix, vagina, anus, rectum, mouth, throat, and eye. These can be spread during vaginal, anal, or oral sex and probably by sharing sex toys. The list includes chlamydia, gonorrhea, HIV, hepatitis B and C, trichomoniasis, and bacterial vaginosis. HIV, HBV, and HCV are also be spread by contact with blood. All of these are easily preventable by condoms.
Other STDs are spread when infected skin or mucous membrane directly contacts a partner’s skin or mucous membrane INCLUDING NONGENITAL SKIN, and can be spread by vaginal, anal, or oral contact even without penetration, and perhaps also by shared sex toys. HSV and HPV can also be in anogenital fluids, and syphilis bacteria can also be present in blood. Most, but not all, are preventable by condoms. I say “most” because the majority of infections in males involves the head and shaft of the penis - areas that would be covered by a condom.
Here are the STDs that can infect the throat or mouth, and the ones that can cause eye infections. Gonorrhea infections of the throat and eye can be difficult to treat. Gonorrhea and HSV eye infections can be serious and can cause loss of vision.
There’s a 3 rd category - infections usually spread by contaminated food or water, also called “fecal-oral” transmission. These can be spread during sex if feces or anal fluids somehow find their way to a partner’s mouth, either directly by anilingus or indirectly on a contaminated penis or finger. These infections cause diarrhea and are called enteric infections; the list is longer, but here are some common ones.
Some STDs are very infectious, and transmission is likely even with just one act of intercourse. These numbers are from studies of vaginal sex. For HSV and HIV, risk of transmission is higher from people with NEW infections, and, for HIV, from those with high viral loads. Also, transmission during anal sex is likely to be higher.
Sex practices in the adult film industry generally pose increased risk, including multiple partners over short time periods, prolonged intercourse that may result in inadequate lubrication and anogenital trauma or bleeding, and also protective equipment such as condoms and lubricants are often not readily available.
While screening is a very important public health activity, it does not prevent infection in an individual. The purpose of screening is to identify infected persons so they can be treated promptly to prevent complications and halt further spread to sex partners.
This table shows the STDs that are curable by antibiotics. However, in recent years gonorrhea in California has become resistant to commonly used antibiotics, vastly limiting the options for oral treatment. Most of these are preventable by condoms.
STDs caused by viruses are not curable with antibiotics or antiviral drugs, but they are treatable. Note for HPV, there’s no treatment for the virus but the diseases it causes are treatable. HIV, HSV, and usually HCV persist lifelong, whereas the others are usually cleared by the body’s immune system but a small percentage of HBV persists lifelong. Most are preventable by condoms. Note also that safe and effective vaccines are available for Hepatitis A and B, and HPV.
OSH Act established a health and safety regulatory framework similar to wages and hours NIOSH does reserch There are 26 state plans, although 4 only cover public sector workers.
Positive test confirmed April 12, 2004 Reported in Adult Video News (AVN) April 13 STDP notified verbally April 14
According to AIM, had been tested every 3 weeks
IIPP = Illness and Injury Prevention Program The companies cited were involved in production of films during which HIV was transmitted. BP = Bloodborne Pathogens standard (CCR T8 §5193) IIPP = Illness and Injury Prevention Program (CCR T8 §3203) DIR = Department of Industrial Relations (agency that houses Cal/OSHA)
Freeman case: CA State Supreme Court decision (250 Cal.Rptr. 598). Court ruled pornography is not pandering if content protected by 1 st amendment LAC economic estimates: LA Economic Development Corp., a non-profit agency
largest U.S. cable company,
Minimal condom use: - Estimated <20% of vaginal and anal sex scenes - Only a few (larger) production companies “condom only” - NO company uses condoms for oral sex - Performers can try to work “condom only,” but may not get work Widespread use of routine (typically monthly) HIV/STD testing Performers and producers have access to test results AIM used as “quasi-official” industry standard for testing Most performers must pay for own testing
Largest U.S. cable company,
Largest U.S. cable company,
More females (72%) than males (49%) reported a steady sex partner
This slide shows best estimate of numbers of cases of chlamydia, gonorrhea, and syphilis as determined by the LACHD STD Program. This is believed to underestimate the actual number as screening of STD is not done for all STDs and is likely to be incomplete among performers, especially for the earlier years.
This table is a break down of the STD morbidity among AFI performers between 4/04-3/08. During this 4-year period, there were a total of 2,847 STD infections (including co-morbidities). About 70% of these infections occurred in females. Data was obtained from Casewatch. And only cases with labs or CMRs from AIM were included.
This table give the distribution of performers and incidences (including co-morbidities). Of the 1,884 performers, 454 (24%) were reinfected with an STD. Of the 2,847 incidences among AFI performers, 805 (28%) of the incidences were reinfections.
Roughly a quarter of those with STD (chlamydia, gonorrhea, or syphilis) infections during each one-year period is reinfected with an STD within a year. The reinfection frequency appears to remain constant over time.
Employment status: Cal/OSHA enforcement and occupational standards only applicable if workers are “employees.” Industry typically claims they are independent contractors. But Cal/OSHA and Labor Commissioner’s office think probably ARE employees in most cases. Testing alone is not good prevention, due to window period. Any “window period” (time between infection and ability of test to detect) renders testing alone imperfect for prevention. In 2004 outbreak, Index Case tested monthly (or even more frequently) for years, yet infected 3 partners in only 1 week (March 24-30). One Female case still tested negative 20 days after date of exposure, and did not test positive until one month after exposure; could have unknowingly infected others. PCR DNA window period still around 11 days, was ample for 2004 outbreak to occur, even though Index Case highly compliant and tested regularly. Technical problems with testing: Roche Amplicor HIV-1 not approved for individual diagnosis; used for research and blood banks. Tests not always able to detect all variants of a disease under all conditions. Example from 2004 outbreak: test in use at time of outbreak was less sensitive to non-B sub-types of HIV, more common outside U. Could have missed infection contracted outside US (though outbreak did involve subtype B). Legal and policy problems with testing: For prevention value, test results must be shared with employers and other performers. But: this violates principles of worker medical monitoring confidential, for benefit of worker. May violate CA Health and Safety Code §120980(f), prohibiting use of HIV testing to determine suitability for employment . May violate laws on privacy of health records. In Gay Male Industry, viewed with suspicion, as invasive and possibly undermining of condom norm
Division of Labor Standards Enforcement
Division of Labor Standards Enforcement See attached handout from DLSE for details on California
Cal/OSHA personnel do not necessarily see this as an appropriate activity Need to avoid creating a sexual harassment issue in district offices Fear of association with organized crime
Tricia Deveraux (photo from Online Spectator)
Thank you Kim Knudsen, Barry Burgess, Peter Riley, and Gene Murphy