OEHHA Proposes Regulatory Provisions on Labor Code Listing Mechanism

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed adding a regulation to Title 27 of the California Code of Regulations to “clarify the procedure and criteria OEHHA uses to list and de-list chemicals via the ‘Labor Code’ listing mechanism of Proposition 65.” A public hearing on the proposal has been slated for March 21, 2014, and comments are requested by April 4.

OEHHA maintains the list of chemicals known to the state to cause cancer or reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Chemicals may be added to the list through one of four ways, including those that have been identified by reference to certain subsections of the California Labor Code. While OEHHA has established regulations setting forth general criteria for listing chemicals via the other listing mechanisms, it has not previously done so for the Labor Code mechanism.

The proposed regulation would require a chemical to be included on the Proposition 65 list “if it is identified by the International Agency for Research on Cancer in its IARC Monographs series on the Evaluation of Carcinogenic Risks to Humans (most recent edition), based on sufficient animal or human evidence as: a. Carcinogenic to humans (Group 1)[;] b. Probably carcinogenic to humans (Group 2A)[;] c. Possibly carcinogenic to humans (Group 2B).” A chemical would also be included “if it is within the scope of the Federal Hazard Communications Standard and is identified in the most recent version of Title 29 of the Code of Federal Regulations, part 1910.1200, adopted by the federal Occupational Safety and Health Administration, as causing cancer or reproductive toxicity based on sufficient animal or human evidence.” See OEHHA News Release, January 27, 2014.

Issue 511