California’s Office of Environmental Health Hazard Assessment (OEHHA) has revised its proposed Labor Code Regulation to meet the state Office of Administrative Law’s clarity standards.
The draft includes many major revisions incorporated from public comments submitted on earlier versions of the proposed regulation. For instance, the new revision excludes all references to listings under Labor Code Section 6382(d) and deletes all references to listings of reproductive toxicants via the Labor Code listing mechanism.
The agency also tightened up language describing the inclusion of chemicals and substances identified by the International Agency for Research on Cancer (IARC) in its list of agents classified by IARC monographs.
OEHHA limited the chemicals or substances that may be listed under the regulation as follows:
Carcinogenic to humans (Group 1), or (2) Probably carcinogenic to humans (Group 2A) with sufficient evidence of carcinogenicity in experimental animals, or (3) Possibly carcinogenic to humans (Group 2B) with sufficient evidence of carcinogenicity in experimental animals. A chemical or substance for which there is less than sufficient evidence of carcinogenicity in experimental animals and classified by IARC in Group 2B shall not be included on the list.
The agency also finally deleted all references to the Federal Hazard Communication Standard from its proposed regulation.
One longstanding point of contention—how and when to delist a chemical or substance if its is found to no longer meet the listing criteria under the regulation remains a sticking point in the latest revision. The new revision would not immediately delist chemicals or substances that are found to no longer meet the listing criteria of the Labor Code listing mechanism. Instead, these chemicals or substances would be sent to the state’s Carcinogen Identification Committee for further consideration or reclassification.
OEHHA notes that the record is being augmented to include the Second Interim Order on Labor Code Claims from Sierra Club v. Schwarzenegger (Brown) (Case No. RG07356881); and is being augmented to include the decision in SIRC v. OEHHA (2012) 210 Cal. App. 4th 1082. Additionally, the record is being augmented to include the United States Occupational Safety & Health Administration (OSHA) “Side-by-Side Comparison of OSHA’s Existing Hazard Communication Standard (HCS 1994) vs. the Revised Hazard Communication Standard (HCS 2012)” published on the OSHA website at https://www.osha.gov/dsg/hazcom/side-by-side.html. These documents were relied upon by OEHHA during the development of this proposed regulation.
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