Back in October 2013, Kink.com shot a straight porn video without requiring performers use condoms. This was nothing new for the production company. However, Cal/OSHA (California's Division of Occupational Safety and Health) stepped in and fined Kink.com a whopping $77,000.

 

Cal/OSHA, following up on a complaint made by Michael Weinstein’s AIDS Healthcare Foundation, ruled that Kink.com actors were employees and had no right to refuse using a condom due to safety concerns. (It should be noted that, with the exception of LA County, there is no law explicitly requiring porn producers use condoms when filming in the state.)

 

“We were fined because a performer chose to shoot without using a condom,” explained Peter Acworth, founder of Kink.com “No STIs [were] transmitted on set, let alone HIV. Still, the AIDS Healthcare Foundation used this shoot as an example in their campaign against performer choice, not only bringing the original complaint to Cal/OSHA but fuelling an eight day trial.”

 

Kink.com argued that it has a comprehensive "performer choice policy," which allows actors to choose whether or not to use protection. Performers are also expected to follow strict testing protocols.

 

“Cal/OSHA is applying blood borne pathogen regulations that were created for the treatment of medical waste, not adult film sets,” added Karen Tynan, attorney for Kink.com “Kink follows blood borne pathogen protocols, but an adult film set where everyone is tested should not be held to the same standards as a hospital ward or medical lab.”

 

Acworth said that Michael Weinstein was "anti-sex" and "anti-choice," adding "we’ve called him out for spending precious HIV treatment money on a morality campaign; we’ve fought back against him in the legislature and in the press."

 

In its revised finding this week, Cal/OSHA lowered Kink.com's fine to $27,000. The company said it plans to appeal the decision.