This is a great post. Points out two things:

1. That this really isn't about the safety of the performers, but more about the fact that people watching the films are exposed to people having unprotected sex, which influences their own action. The anti-AIDS lobby is trying to increase condom use by the public, not decrease AIDS infection in adult performers.

2. The law is worded such as to include the performers under Cal/OSHA. It could probably be reworked and let them have their cake and eat it too.

A commenter there also pointed out that if the performers do become employees under Cal/OSHA, the mandatory HIV testing they undergo will become illegal.