BILL ANALYSIS
AB 1963
Page 1
ASSEMBLY THIRD READING
AB 1963 (Nava)
As Amended April 27, 2010
Majority vote
ENVIRONMENTAL SAFETY 5-1 HEALTH
12-5
-----------------------------------------------------------------
|Ayes:|Nava, Chesbro, Feuer, |Ayes:|Monning, Ammiano, Carter, |
| |Monning, Ruskin | |Caballero, Eng, Hayashi, |
| | | |Hernandez, Jones, Bonnie |
| | | |Lowenthal, Nava, |
| | | |V. Manuel Perez, Salas |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Smyth |Nays:|Conway, Emmerson, Gaines, |
| | | |Smyth, Audra Strickland |
-----------------------------------------------------------------
APPROPRIATIONS > 11-5
--------------------------------
|Ayes:|>Fuentes, Ammiano, |
| |Bradford, Coto, Davis, |
| |Hill, Hall, Skinner, |
| |Solorio,, Torlakson, |
| |Torrico |
| | |
|-----+--------------------------|
|Nays:|>Conway, Harkey, Miller, |
| |Nielsen, Norby |
| | |
--------------------------------
SUMMARY : Requires laboratories (labs) that perform
cholinesterase (ChE) testing for the purpose of determining
workers' pesticide exposure to electronically report test
results to the Department of Pesticide Regulation (DPR).
Specifically, this bill :
1)Requires labs that perform ChE testing to report to the DPR
the test results for every person tested and other specified
information in the lab's possession .
AB 1963
Page 2
2)Requires the medical supervisor ordering the ChE testing to
indicate the purpose of the test and to provide a copy of the
ChE test results or any recommendations to the tested
individual within 14 days of receiving the information.
3)Specifies that all information reported under this bill will
be confidential, except that the Office of Environmental
Health Hazard Assessment ( OEHHA ) , DPR, and the Department of
Public Health (DPH) may share the information only for the
purpose of surveillance, case management, investigation,
environmental assessment, environmental remediation, or
abatement with the appropriate county agricultural
commissioner or local health officer.
4)Requires DPR to prepare a report on the ChE testing program by
December 31, 2013, in consultation with OEHHA and DPH, and
specif ies y issues the report may examine, including but not
limited to , evaluating and assessing the program's
effectiveness and making recommendations to the Legislature.
5)Authorizes DPH to assess a fine of up to $200 per person
against any lab that knowingly fails to meet the reporting
requirements of this bill.
EXISTING LAW :
1) Requires any physician who knows or has reasonable cause
to believe that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide
to promptly report that fact to the LHO local health officer
by telephone within 24 hours, and in writing within seven
days (Health and Safety Code (HSC) 105200).
2) Establishes the ChE cholinesterase medical supervision
program. Requires employers who have employees regularly
handling or exposed to organophosphate and carbamate
pesticides to have a written agreement with a physician to
provide medical supervision of those employees, and
specifies employer responsibilities for medical supervision,
including testing at certain intervals, investigating work
AB 1963
Page 3
practices when employee ChE levels fall below 80% of
baseline levels and removing employees from the exposure if
levels fall to 60% or less of baseline, as specified . (Title
3, Section 6728, California Code of Regulations).
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill would result in minor absorbable costs the
Cal-EPA agencies including to OEHHA and DPR.
COMMENTS:
Need for the bill. According to the author, this bill is
necessary to allow enable state Sstate agencies to effectively
monitor the existing ChE medical monitoring supervision program
and to better protect California farm workers who are routinely
exposed to dangerous levels of the pesticides that affect
suppress ChE levels. ChE is a nerve enzyme, the suppression of
which can lead to impaired reproductive function; birth defects;
a weakened immune system; an increased risk of non-Hodgkin's
lymphoma and leukemia; nerve damage; severe neurological effects
and even death. Overexposure to organophosphate and carbamate
pesticides can suppress workers' ChE to dangerously low levels.
Currently, t The author points out that submission of the reports
contemplated in this bill are made much easier in light of
electronic reporting capabilities than they would have been when
the ChE monitoring program was first established. T he
C c holinesterase m M edical s S upervision p P rogram does not include
a ny requirement for test results ChE testing data to be delivered
to any state S state agency responsible for worker health;
therefore, thus nearly more than three decades after this program
was enacted, the S state has little oversight authority and it is
impossible to judge its the program's effectiveness.
Pesticide poisoning reporting. California has two systems for
worker and consumer pesticide reporting and investigations. One
program requires the reporting of all known or suspected cases
of pesticide poisoning to the local health officer, who in turn
reports it to State state and local agriculture and worker
safety agencies. The second program, the cholinesterase ChE
medical supervision program, is a pesticide poisoning prevention
program. In addition to this emergency reporting, W w orkers who
are regularly using organophosphate s and carbamate s pesticides,
both of which suppress ChE, are required to be under medical
supervision, that including es regular blood tests to determine
AB 1963
Page 4
whether the organophosphates and carbamates pesticides are
effecting affecting the of workers' ChE levels. If a worker's
ChE levels are suppressed, the employer must remove the employee
from the work environment and take steps to further reduce
employees' over-exposure. Under current worker's medical
supervision and reporting requirements, if a worker is removed
from work because his/her ChE activity levels are depressed but
the worker is asymptomatic, then these test results are not
reported as a suspected pesticide poisonings. This bill requires
that information gathered through the cholinesterase medical
supervision program is transferred to the S state, so the S state
can meaningfully oversee the program.
Analysis Prepared by: Robert Fredenburg/ E.S. & T.M. / (916)
319-3965
FN: FN: 0004314