SACRAMENTO (CBS13) — State regulators say they’re ready to hear another case for requiring condoms in adult films about a month after a similar measure failed by a vote.

The state Division of Occupational Safety and Health’s Standards Board voted 3-2 in favor of the rules in February, but four votes were required to pass the measure. Two members of the panel were absent.

The board was petitioned by the AIDS Healthcare Foundation on March 3. The board is required to report its decision in the next six months.

Dozens of porn industry representatives attended February’s hearing and testified the new rules wouldn’t just result in content people wouldn’t want to watch, but also force the industry underground, endangering the health of actors.

In addition to the condom requirement, the rules would also require movie producers to pay for medical visits, treatments and other health-care costs. The rules would have also required making sure workers’ eyes were protected from blood-borne pathogens.

Even without the new rules, Cal/OSHA handed down fines earlier this month to James Deen’s movie company for violations including not using condoms on a film shoot.

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