BILL ANALYSIS
AB 1963
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CONCURRENCE IN SENATE AMENDMENTS
AB 1963 (Nava)
As Amended August 4, 2010
Majority vote
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|ASSEMBLY: |50-27|(June 1, 2010) |SENATE: |22-14|(August 23, |
| | | | | |2010) |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Requires clinical laboratories 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).
The Senate amendments made the following changes to the bill:
1)Adds the date of birth of the person being tested to the
information that laboratories submit to the DPR.
2)Deletes the authority for the Department of Public Health
(DPH) to assess a fine against laboratories that knowingly
fail to meet the reporting requirements of this bill.
3)Sunset the provision of this bill on December 31, 2016.
AS PASSED BY THE ASSEMBLY , this bill required clinical
laboratories that perform ChE testing for the purpose of
determining workers' pesticide exposure to electronically report
test results to the DPR. Specifically, as passed by the
Assembly this bill :
1)Required laboratories that perform ChE testing to report to
the DPR the test results for every person tested and other
specified information in the laboratory's possession.
2)Required 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
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Health Hazard Assessment (OEHHA), DPR, and the 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)Required DPR to prepare a report on the ChE testing program by
December 31, 2015, in consultation with OEHHA and DPH, and
specifies issues the report may examine, including but not
limited to, evaluating and assessing the program's
effectiveness and making recommendations to the Legislature.
5)Authorized DPH to assess a fine of up to $200 per person
against any laboratories that knowingly fails to meet the
reporting requirements of this bill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in minor absorbable costs to
OEHHA and DPR.
COMMENTS : According to the author, this bill is necessary to
enable state agencies to effectively monitor the existing ChE
medical supervision program and to better protect California
farm workers who are routinely exposed to pesticides that
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, the cholinesterase medical supervision program does
not include a requirement for ChE testing data to be delivered
to any state agency responsible for worker health; therefore,
more than three decades after this program was enacted, the
state has little oversight authority and it is impossible to
judge the program's effectiveness.
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 and
local agriculture and worker safety agencies. The second
program, the ChE medical supervision program, is a pesticide
poisoning prevention program. Workers who are regularly using
organophosphate and carbamate pesticides, both of which suppress
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ChE, are required to be under medical supervision, including
regular blood tests to determine whether the pesticides are
affecting the 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. This bill requires that information gathered
through the cholinesterase medical supervision program is
transferred to the state, so the state can meaningfully oversee
the program.
Analysis Prepared by : Robert Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0005700