BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1963
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          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  .








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          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  








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              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
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          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