Senate BillNo. 193


Introduced by Senator Monning

February 7, 2013


An act to amend Section 6276.12 of the Government Code, and to amend Section 147.2 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 193, as introduced, Monning. Hazard evaluation system and information service.

Existing law requires the Department of Industrial Relations, with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That law requires the repository, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. That law expressly does not require employers to report any information not otherwise required by law.

This bill would require, upon written request from the repository, chemical manufacturers, suppliers, distributors, importers, and their agents to provide to the repository the names and addresses of their customers who have purchased specified chemicals or commercial products containing those chemicals, and certain other information related to those shipments. The bill would deem the names and addresses of customers to be confidential. The bill would also provide that the State Department of Public Health shall be entitled to reimbursement of attorney’s fees and costs incurred in seeking an injunction to enforce this requirement.

The California Public Records Act requires certain public records to be made available for public inspection, and lists records that are exempt from disclosure under the act.

The bill would exempt from public disclosure under the act the names and addresses of customers provided to the repository by chemical manufacturers, suppliers, distributors, importers, and their agents, that would be required pursuant to this act, as confidential, but would provide that those names and addresses may be disclosed to officers or employees of the state not affiliated with the repository who are responsible for carrying out the provisions of the Labor Code relating to safety in employment. The bill would also state findings and declarations of the Legislature for limiting the public’s right of access to the names and addresses of those customers.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6276.12 of the Government Code is
2amended to read:

3

6276.12.  

Conservatee, confidentiality of the conservatee’s
4report, Section 1826, Probate Code.

5Conservatee, estate plan of, confidentiality of, Section 2586,
6Probate Code.

7Conservatee with disability, confidentiality of report, Section
81827.5, Probate Code.

9Conservator, confidentiality of conservator’s birthdate and
10driver’s license number, Section 1834, Probate Code.

11Conservator, supplemental information, confidentiality of,
12Section 1821, Probate Code.

13Conservatorship, court review of, confidentiality of report,
14Section 1851, Probate Code.

15Consumer fraud investigations, access to complaints and
16 investigations, Section 26509.

17Consumption or utilization of mineral materials, disclosure of,
18Section 2207.1, Public Resources Code.

19Contractor, evaluations and contractor responses, confidentiality
20of, Section 10370, Public Contract Code.

21Contractor, license applicants, evidence of financial solvency,
22confidentiality of, Section 7067.5, Business and Professions Code.

P3    1Controlled Substance Law violations, confidential information,
2Section 818.7.

3Controlled substance offenders, confidentiality of registration
4information, Section 11594, Health and Safety Code.

5Cooperative Marketing Association, confidential information
6disclosed to conciliator, Section 54453, Food and Agricultural
7Code.

8Coroner, inquests, subpoena duces tecum, Section 27491.8.

9County aid and relief to indigents, confidentiality of
10investigation, supervision, relief, and rehabilitation records, Section
1117006, Welfare and Institutions Code.

12County alcohol programs, confidential information and records,
13Section 11812, Health and Safety Code.

14County Employees’ Retirement, confidential statements and
15records, Section 31532.

16County mental health system, confidentiality of client
17information, Section 5610, Welfare and Institutions Code.

18County social services, investigation of applicant, confidentiality,
19Section 18491, Welfare and Institutions Code.

20County social services rendered by volunteers, confidentiality
21of records of recipients, Section 10810, Welfare and Institutions
22Code.

23County special commissions, disclosure of health care peer
24review and quality assessment records not required, Section
2514087.58, Welfare and Institutions Code.

26County special commissions, disclosure of records relating to
27the commission’s rates of payment for publicly assisted medical
28care not required, Section 14087.58, Welfare and Institutions Code.

29Court files, access to, restricted for 60 days, Section 1161.2,
30Code of Civil Procedure.

31Court reporters, confidentiality of records and reporters, Section
3268525.

33Court-appointed special advocates, confidentiality of information
34acquired or reviewed, Section 105, Welfare and Institutions Code.

35Crane employers, previous business identities, confidentiality
36of, Section 7383, Labor Code.

37Credit unions, confidentiality of investigation and examination
38reports, Section 14257, Financial Code.

39Credit unions, confidentiality of employee criminal history
40information, Section 14409.2, Financial Code.

P4    1Criminal defendant, indigent, confidentiality of request for funds
2for investigators and experts, Section 987.9, Penal Code.

3Criminal offender record information, access to, Sections 11076
4and 13202, Penal Code.

5Crop reports, confidential, subdivision (e), Section 6254.

begin insert

6Customer list of chemical manufacturers, suppliers, distributors,
7importers, and their agents, confidential, Section 147.2, Labor
8Code.

end insert

9Customer list of employment agency, trade secret, Section 16607,
10Business and Professions Code.

11Customer list of telephone answering service, trade secret,
12Section 16606, Business and Professions Code.

13

SEC. 2.  

Section 147.2 of the Labor Code is amended to read:

14

147.2.  

begin insert(a)end insertbegin insertend insert In accordance with Chapter 2 (commencing with
15Section 6350) of Part 1 of Division 5 of this code and Section
16105175 of the Health and Safety Code, the Department of Industrial
17Relationsbegin delete shallend delete, by interagency agreement with the State
18Department ofbegin insert Publicend insert Healthbegin delete Servicesend delete,begin insert shallend insert establish a repository
19of current data on toxic materials and harmful physical agents in
20use or potentially in use in places of employment in the state.

begin delete

21 The

end delete

22begin insert(b)end insertbegin insertend insertbegin insertThe end insertrepository shall fulfill all of the following functions:

23(1) Provide reliable information of practical use to employers,
24employees, representatives of employees, and other governmental
25agencies on the possible hazards to employees of exposure to toxic
26materials or harmful physical agents.

27(2) Collect and evaluate toxicological and epidemiological data
28and any other information that may be pertinent to establishing
29harmful effects on health of exposure to toxic materials or harmful
30physical agents. Nothing in this subdivision shall be construed as
31authorizing the repository to require employersbegin insert, other than
32chemical manufacturers, suppliers, distributors, importers, and
33their agents,end insert
to report any information not otherwise required by
34law.

begin insert

35(3) Upon written request by the repository, chemical
36 manufacturers, suppliers, distributors, importers, and their agents
37shall provide to the repository the names and addresses of their
38customers who have purchased certain chemicals, as specified by
39the repository, or commercial products containing those chemicals
40and information related to those shipments, including the quantity
P5    1and dates of shipments, and the proportion of a specified chemical
2within a mixture containing the specified chemical.

end insert
begin insert

3(A) The names and addresses of customers provided by chemical
4manufacturers, suppliers, distributors, importers, and their agents
5pursuant to this paragraph shall be considered confidential and
6exempt from public disclosure under the California Public Records
7Act (Chapter 3.5 (commencing with Section 6250) of Division 7
8of Title 1 of the Government Code), except that those names and
9addresses may be disclosed to officers or employees of the state
10not affiliated with the repository who are responsible for carrying
11out the purposes of Division 5 (commencing with Section 6300).

end insert
begin insert

12(B) The State Department of Public Health shall be entitled to
13reimbursement of attorney’s fees and costs incurred in seeking an
14injunction to enforce this paragraph.

end insert
begin delete

15(3)

end delete

16begin insert(4)end insert Recommend to the Chief of the Division of Occupational
17Safety and Health Administration that an occupational safety and
18health standard be developed whenever it has been determined
19that a substance in use or potentially in use in places of employment
20 is potentially toxic at the concentrations or under the conditions
21used.

begin delete

22(4)

end delete

23begin insert(5)end insert Notify thebegin delete Directorend deletebegin insert Secretaryend insert of Food and Agriculture of
24any information developed by the repository that is relevant to
25carrying out his or her responsibilities under Chapters 2
26(commencing with Section 12751) and 3 (commencing with
27Section 14001) of Division 7 of the Food and Agricultural Code.

begin delete

28 The

end delete

29begin insert(c)end insertbegin insertend insertbegin insertThe end insertDirector of Industrial Relations shall appoint an
30Advisory Committee to the repository. The Advisory Committee
31shall consist of four representatives from labor, four representatives
32from management, four active practitioners in the occupational
33health field, and three persons knowledgeable in biomedical
34statistics or information storage and retrieval systems. The
35Advisory Committee shall meet on a regular basis at the request
36of the director. The committee shall be consulted by, and shall
37advise the director at each phase of the structuring and functioning
38of the repository and alert system with regard to, the procedures,
39methodology, validity, and practical utility of collecting,
40evaluating, and disseminating information concerning hazardous
P6    1substances, consistent with the primary goals and objectives of the
2repository.

begin delete

3 Nothing

end delete

4begin insert(d)end insertbegin insertend insertbegin insertNothing end insertin this section shall be construed to limit the ability
5of the State Department ofbegin insert Publicend insert Healthbegin delete Servicesend delete to propose
6occupational safety and health standards to the Occupational Safety
7and Health Standards Board.

begin delete

8 Policies

end delete

9begin insert(e)end insertbegin insertend insertbegin insertPolicies end insertand procedures shall be developed to assure, to the
10extent possible, that the repository uses and does not duplicate the
11resources of the federal government and other states.

begin delete

12 On

end delete

13begin insert(f)end insertbegin insertend insertbegin insertOend insertbegin insertn end insertor before December 31 of each year, the Department of
14Industrial Relations shall submit a report to the Legislature
15detailing the implementation and operation of the repository
16including, but not limited to, the amount and source of funds
17allocated and spent on repository activities, the toxic materials and
18harmful physical agents investigated during the past year and
19recommendations made concerning them, actions taken to inform
20interested persons of the possible hazards of exposure to toxic
21materials and harmful physical agents, and any recommendations
22for legislative changes relating to the functions of the repository.

23

SEC. 3.  

The Legislature finds and declares that Section 1 of
24this act, which amends Section 6276.12 of the Government Code,
25imposes a limitation on the public’s right of access to the meetings
26of public bodies or the writings of public officials and agencies
27within the meaning of Section 3 of Article I of the California
28Constitution. Pursuant to that constitutional provision, the
29Legislature makes the following findings to demonstrate the interest
30protected by this limitation and the need for protecting that interest:

31 In order to protect the names and addresses of customers who
32have purchased chemicals from chemical manufacturers, suppliers,
33distributors, importers, and their agents, it is necessary that lists
34containing those names and addresses be exempt from disclosure
35under the California Public Records Act (Chapter 3.5 (commencing
36with Section 6250) of Division 7 of Title 1 of the Government
37Code).



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