|International Entertainment Adult Union
The AB 2389 Revised Bill
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An act to add Chapter 4 (commencing with Section 6350) Labor Code, relating to safety & education.
Ab 2389, to be reintroduced – Adult Entertainers Safety & Workers’ Rights
Existing law requires the Department of Labor Standards to make it a violation to fail to provide educational materials and to make available education material in language understood by the artist. (1700.54) Exiting law requires the division to promote the interests, rights and privileges of person in this state. ((21.001 (8) Existing laws requires the division of a representation committee in which employees participate with employers concerning other terms or conditions of employment. (sec. 21.002 part 10 (A)
This bill shall require all persons that work in an adult entertainment business working as an adult entertainer within the adult entertainment video, web camming, and exotic dance clubs to obtain a completion of certificate training course on Industry Safety & Workers’ rights before a person is able to work inside the adult entertainment industry as an entertainer. This bill would after July 1, 2023, require these entertainers to complete a specific training program regarding safety and working rights for all adult entertainment workers every three years. This bill by January 1st, 2022, will require the Department of Industrial Relations to create the training program and to convene an advisory group composed of specific representatives of the adult entertainment industry to provide recommendations for the creation and dissemination of the training. This bill would specify certain requirements for the training curriculum in a minimum of four different languages and would require the Department to issue a certificate of training completion to the entertainer upon completion of training. This bill would authorize the adult entertainment labor board to investigate (Section 1151 Section 1).
This bill would Require the Division on Labor Standards Enforcement (DLSE) to develop, either directly or through a third party, the training and educational materials required by this bill, and to post specified materials online. This bill would be able to use as the Osha training requirements bringing down the cost of business related expenses. This bill would provide education to ensure a safe work environment inside the adult entertainment industry to earn a living. This bill will provide only true facts on subjects with no added advertisement, benefits sponsors, or other side business influences. This bill will require that all adult entertainers personal information is protected from any public viewing.
This bill would include finding that change the proposed by this bill address a matter of statewide concern rather than a municipal affair and therefore applies to all cities.
Vote: Majority Approbation: No Fiscal Committee: Yes State – Mandate Local Program: Yes
Chapter 4. Adult entertainer’s safety and workers’ rights
6351. A person shall be required to work as an entertainer at an adult entertainment business in any adult entertainment video, including but not limited to, internet web camming, and exotic dance clubs to obtain a certificate of training completion issued by the Division of Labor standards Enforcements, before a person is able to work inside the adult entertainment business.
6352. After July 1, 2023, the division on labor standards and industry labor organization enforcement pursuant to subdivision (h) Section 1713.26 shall require all adult entertainers to complete a specific training program regarding safety and working rights for all adult entertainment workers every three years.
6353. An employer, or any adult entertainment business shall be able to check through a password protected secure server if the entertainer has completed course requirements.
6353.2. A copy of the completed certificate shall be kept on a password protected secure server so that the adult entertainers have access to certificate.
6353.3 An adult entertainer, after completion of course shall be able, upon request, to receive personal safety certificate card, for additional proof of completion.
6354. Will require the department of labor safety and standards to keep all adult entertainer’s person information including real name, address of residence and phone from all any public view subject to disclosure previsions chapter 2 section 1799.
6355 January 1st, 2022 will require the Department of safety standards to develop or contract out to develop a safety & workers rights program that will meet osha safety requirements.
6355.1The department shall convene an advisory group of 15 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:
(I) Two members with a min of 2 years adult film experience,
Two members with a min of 2 years exotic dancing experience
Two members with a min of 2-year min web-camming experience
Two medical licenses
Two Licensed money managers
Two Web programmers
Three Program Directors
(ii) Each member may be a in rotation, so that more important information from different outlooks maybe added.
(iii) Each member of the advisory committee shall receive a per diem of two hundred dollars per each day actually spent in the discharge of official duties, unless requested directly otherwise, and shall be reimbursed for travel and other expenses necessary incurred in the performance of official duties. The payments shall be subject to the availability of money from the state Labor budget.
(iv) Hiring the licensed professionals for the information in which will be included in the course will give the adult entertainment workers an advantage of needed information to work safely inside the adult entertainment industry.
(v) There are thousands of adult entertainment workers in the adult entertainment business in Californian alone.
(vi) Tax and labor laws are difficult for almost all Americans to understand leaving workers in a disadvantage.
(vi) The funds for this bill shall come from the Adult Tax Fund or the California Marijuana Tax Fund.
6356 The training shall be required for the issuance or renewal of the adult workers safety & workers’ rights certificate. The initial training shall be a minimum of 8 courses with Optional 2 additional courses Subsequent training shall a minimum of 2 courses and reflect only on any current laws or updated industry information and shall be completed every three years.
6357 The training shall be conducted on an internet website, and easily readable on all mobile devices, the website shall contain an interactive feature in order to complete the training.
6458 The training shall include but limited to
- Physical health - STI / Prevention/Prep/New drugs
- Mental health – Depression/ Bullies
- Substance abuse – Drugs/Alcohol
- Working rights – Safety and labor laws
- Finances – taxes/ retirement/ savings/ heath care
- Sexual abuse and sexual harassment
- Awareness of human trafficking and how to report suspected human traffickers
- Resources for assistance, including applicable hot lines
- Optional two courses on specific industry related issues.
6459 The requirements for this training shall apply to all adult entertainers on or after July 1, 2023
6460 The initial training fee for the training shall be waved for the first six months so that all current adult entertainment workers can become complaint and the Subsequent training and shall not exceed the reasonable cost of providing the training.
6461 The department shall issue a training completion certificate to the adult entertainer upon completion of the training. With the means of obtaining the certificate electronically.
6462 The division shall have the power to enforce the requirement that adult entertainers certificate and employers, within their jurisdiction, comply with the requirements of this bill.
Chapter 15 SEC. 3.
6463 This certificate training will be used to satisfy the Injury and Illness Prevention Program. which met OSHA standards for performers who were exposed to hazards in the course of producing adult videos.
6464 This certificate training provides A means of education to ensure a safe work environment to earn a living inside the adult entertainment industry.
6465 This certificate Shall provide only true facts on subjects and shall not add any type of advertisement, benefits sponsors, or other side business influences.