So, I was particularly interested in the comments about OSHA standards and ended up finding this source. It essentially breaks down how prostitution and pornography could never be OSHA compliant. (They have citations at the bottom of the page.)
Workers must be protected from exposure to blood borne pathogens and other potentially infectious materials. Essentially, unprotected exposure to bodily fluids is a no-go. So already:
Every sex act would involve contact with bodily fluids and must all be listed and regulated by the industry
Condoms would be an absolute minimum. Failure to use a condom (and we know many Johns will demand or bribe the woman to go without) would break regulations.
Further, condoms as they are may not even meet the current standards required for risk reduction to be considered adequate. (For example, some masks are not considered adequate to protect medical workers from airborne pathogens. Condoms may not meet necessary be adequate to protect from STDs or other infections.) If this is true then there would already be no possible way to meet OSHA safety standards for most forms of sexual activity.
And if we could consider condoms to be adequate? Then we still have to consider:
OSHA standards would effectively ban any form of oral sex even with protection since “Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.”
Gloves would be required for any activity where “it can be reasonably anticipated that the employee may have hand contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin…” (so all sexual activity)
Masks, eye protection, or face shields would be required “whenever splashes, spray, spatter, or droplets of blood or other potentially infectious materials may be generated and eye, nose, or mouth contamination can be reasonably anticipated”. It’s common in pornography for men to ejaculate on women’s faces. Will that practice be banned or require a face shield? What about kissing? Or other activities involving the mouth? How would the risk threshold for “sprays” or “spatters” be determined?
Furthermore, direct skin-to-skin contact is not compatible with OSHA regulations governing exposure to potentially infectious materials. Will aprons or gowns be required for both parties?
OSHA requires testing to be completed whenever there is potential exposure. How will testing of “sex buyers” be enforced? If every sex act constitutes an act of exposure will both the prostituted woman and the buyer have to be tested after every sex act? Or just between each john? Tests take time to conduct so how will the intervening without results be handled?
It’s true that “Obviously the OSHA standards were not created with sex work in mind, however that is irrelevant to the key point being made here—namely, if these are the regulations deemed necessary to protect worker safety in every other work environment in which exposure to potentially infectious material is a risk of the job, why should they not apply in the context of “sex work”? If selling sex is work like any other form of work, then the safety of these workers is just as important to protect as the safety of workers in other contexts.”
How will sexual harassment be evaluated and handled? Pimps often demand sexual activity from the women they exploit. That would obviously have to be banned under regulations between a “supervisor” and an “employee”. What about “buyers”? How does one determine when a transaction ends and harassment begins?
More to the point: “Submitting to unwelcome sexual acts as a condition of employment—getting paid for sex—is sexual harassment; submitting to sexual harassment is the job.”
Further, how would civil rights be considered when sex is for sale? It’s illegal to deny someone a service to a member of a protected classes because they are member of the protected class. Does that mean “sex workers” cannot refuse sex in such cases as well? Would this not be a form of legal coercion into sexual activity? How would you differentiate between rape and this legislated rape?
If an industry absolutely cannot meet OSHA standards what do you do? Declare an exemption? How would you justify such an allowance for an industry based on noncompliant activities? Is it defensible to strip entire groups of worker’s rights? How will this impact other industries? Is it justifiable to create loopholes in sexual harassment or civil rights laws? Is it moral? How do you eliminate abuse from an industry built on exploitation?