SB 193, as amended, Monning. Hazard evaluation system and information service.
Existing law requires the Department of Industrial Relations, with the State Department of Public
begin delete Healthend delete, 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 begin delete repository,end delete
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. begin delete Thatend delete law expressly does not require employers to report any information not otherwise required by law.
This bill, except as specified,
begin delete would require, for every product the final destination of which may be a place of employment within the state, upon written request from the repository,end delete chemical manufacturers, formulators, suppliers, distributors, importers, and their agents to provide to begin delete the repositoryend delete 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 begin delete the State Department of Public Health shallend delete 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, formulators, suppliers, distributors, importers, and their agents, that would be required pursuant to the bill, as
begin delete confidentialend delete, but would provide that begin delete those names and addresses may be disclosedend delete to officers or employees of the state begin delete not affiliated with the repositoryend delete
who are responsible for carrying out the provisions of the Labor Code relating to safety in employment
or to specified state agencies. The bill would also state findings and declarations of the Legislature for limiting the public’s right of access to the begin delete names and addresses of those customersend delete.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6276.12 of the Government Code is
2amended to read:
Conservatee, confidentiality of the conservatee’s
4report, Section 1826, Probate Code.
5Conservatee, estate plan of, confidentiality of, Section 2586,
P3 1Conservatee with disability, confidentiality of report, Section
21827.5, Probate Code.
3Conservator, confidentiality of conservator’s birthdate and
4driver’s license number, Section 1834, Probate Code.
5Conservator, supplemental information, confidentiality of,
6Section 1821, Probate Code.
7Conservatorship, court review of, confidentiality of report,
8Section 1851, Probate Code.
9Consumer fraud investigations, access to complaints and
10 investigations, Section 26509.
11Consumption or utilization of mineral materials, disclosure of,
12Section 2207.1, Public Resources Code.
13Contractor, evaluations and contractor responses, confidentiality
14of, Section 10370, Public Contract Code.
15Contractor, license applicants, evidence of financial solvency,
16confidentiality of, Section 7067.5, Business and Professions Code.
17Controlled Substance Law violations, confidential information,
19Controlled substance offenders, confidentiality of registration
20information, Section 11594, Health and Safety Code.
21Cooperative Marketing Association, confidential information
22disclosed to conciliator, Section 54453, Food and Agricultural
24Coroner, inquests, subpoena duces tecum, Section 27491.8.
25County aid and relief to indigents, confidentiality of
26investigation, supervision, relief, and rehabilitation records, Section
2717006, Welfare and Institutions Code.
28County alcohol programs, confidential information and records,
29Section 11812, Health and Safety Code.
30County Employees’ Retirement, confidential statements and
31records, Section 31532.
32County mental health system, confidentiality of client
33information, Section 5610, Welfare and Institutions Code.
34County social services, investigation of applicant, confidentiality,
35Section 18491, Welfare and Institutions Code.
36County social services rendered by volunteers, confidentiality
37of records of recipients, Section 10810, Welfare and Institutions
P4 1County special commissions, disclosure of health care peer
2review and quality assessment records not required, Section
314087.58, Welfare and Institutions Code.
4County special commissions, disclosure of records relating to
5the commission’s rates of payment for publicly assisted medical
6care not required, Section 14087.58, Welfare and Institutions Code.
7Court files, access to, restricted for 60 days, Section 1161.2,
8Code of Civil Procedure.
9Court reporters, confidentiality of records and reporters, Section
11Court-appointed special advocates, confidentiality of information
12acquired or reviewed, Section 105, Welfare and Institutions Code.
13Crane employers, previous business identities, confidentiality
14of, Section 7383, Labor Code.
15Credit unions, confidentiality of investigation and examination
16reports, Section 14257, Financial Code.
17Credit unions, confidentiality of employee criminal history
18information, Section 14409.2, Financial Code.
19Criminal defendant, indigent, confidentiality of request for funds
20for investigators and experts, Section 987.9, Penal Code.
21Criminal offender record information, access to, Sections 11076
22and 13202, Penal Code.
23Crop reports, confidential, subdivision (e), Section 6254.
24Customer list of chemical manufacturers, formulators, suppliers,
25distributors, importers, and their agents, confidential, Section 147.2, Labor Code.
28Customer list of employment agency, trade secret, Section 16607,
29Business and Professions Code.
30Customer list of telephone answering service, trade secret,
31Section 16606, Business and Professions Code.
Section 147.2 of the Labor Code is amended to read:
36In accordance with Chapter 2 (commencing with Section
376350) of Part 1 of Division 5 of this code and Section 105175 of
38the Health and Safety Code, the Department of Industrial Relations,
39by interagency agreement with the State Department of Public
40Health, shall establish a repository of current data on toxic
P5 1materials and harmful physical agents in use or potentially in use
2in places of employment in the
begin delete state.end delete
4(b) The repositoryend delete
5 shall fulfill all of the following functions:
6(1) Provide reliable information of practical use to employers,
7employees, representatives of employees, and other governmental
8agencies on the possible hazards to employees of exposure to toxic
9materials or harmful physical agents.
10(2) Collect and evaluate toxicological and epidemiological data
11and any other information that may be pertinent to establishing
12harmful effects on health of exposure to toxic materials or harmful
13physical agents. Nothing in this subdivision shall be construed as
begin delete the repositoryend delete to require employers, other than
15 chemical manufacturers, formulators, suppliers, distributors,
16importers, and their agents, to report any information not otherwise
17required by law.
every product the final destination of which may be a
19place of employment within the state, upon written request by the
20repository, end delete
27chemical manufacturers, formulators, suppliers, distributors,
28importers, and their agents shall
begin delete the repositoryend delete the names and addresses of their
30customers who have purchased certain chemicals, as specified by
begin delete the repository,end delete or commercial products containing those
32chemicals and information related to those shipments, including
begin delete quantityend delete and dates of shipments, and the proportion
34of a specified chemical within a mixture containing the specified
begin delete chemical.end deleteThis paragraph shall not apply to a retail
begin deleteif the sale of the chemical or mixture is in the same form, public. The
39approximate amount, concentration, and manner as the chemical
40or mixture is sold to the generalend delete
2following shall apply to this paragraph:
3(A) On or after January 1, 2015, the information requested shall
4include current and past customers for not more than a one-year
5period prior to the date the request is
begin delete receivedend delete. The
6information shall be provided within a reasonable
begin delete timeframe as
7determined by the State Department of Public Health,end delete
8 not to exceed 30 calendar days from the date the request is
begin delete received.end delete
9 The information shall be provided in a format specified by
10the State Department of Public Health but consistent with the
11responding entity’s current data system.
begin deleteThe end delete
15names and addresses of
begin delete customersend delete provided by chemical manufacturers, formulators,
18suppliers, distributors, importers, and their agents pursuant to this
19paragraph shall be considered confidential and, except as specified
20in this subparagraph, exempt from public disclosure under the
21California Public Records Act (Chapter 3.5 (commencing with
22Section 6250) of Division 7 of Title 1 of the Government Code).
begin delete The departmentend delete may disclose begin delete those names and addresses
to officers or employees of the state
begin delete not affiliated with the repositoryend delete who are responsible for carrying
27out the purposes of Division 5 (commencing with Section
begin delete 6300)end delete
28 or to the state agencies of the state officers specified in
29paragraphs (5) and (6).
30(C) The State Department of Public Health shall be entitled to
31reimbursement of attorney’s fees and costs incurred in seeking an
32injunction to enforce this paragraph.
33(4) Recommend to the Chief of the Division of Occupational
34Safety and Health Administration that an occupational safety and
35health standard be developed whenever it has been determined
36that a substance in use or potentially in use in places of employment
37 is potentially toxic at the concentrations or under the conditions
39(5) Notify the
begin delete Secretary of Food and Agricultureend delete of any information developed by the
P7 1repository that is relevant to carrying out his or her responsibilities
2under Chapters 2 (commencing with Section 12751) and 3
3(commencing with Section 14001) of Division 7 of the Food and
5(6) Notify the Secretary for Environmental Protection of any
6information developed by
begin delete the repositoryend delete that is relevant to
7carrying out his or her responsibilities.
15 8(c)end delete
9 The Director of Industrial Relations shall appoint an
begin deletethe repositoryend delete. The advisory committee shall
11consist of four representatives from labor, four representatives
12from management, four active practitioners in the occupational
13health field, and three persons knowledgeable in biomedical
14statistics or information storage and retrieval systems. The advisory
15committee shall meet on a regular basis at the request of the
16director. The committee shall be consulted by, and shall advise
17the director at each phase of the structuring and functioning of the
18repository and alert system with regard to, the procedures,
19methodology, validity, and practical utility of collecting,
20evaluating, and disseminating information concerning hazardous
21substances, consistent with the primary goals and objectives of the
30 23(d)end delete
24 Nothing in this section shall be construed to limit the ability
25of the State Department of Public Health to propose occupational
26safety and health standards to the Occupational Safety and Health
34 28(e)end delete
29 Policies and procedures shall be developed to assure, to the
30extent possible, that
begin delete the repositoryend delete uses and does not
31duplicate the resources of the federal government and other states.
37 32(f)end delete
33 On or before December 31 of each year, the Department of
34Industrial Relations shall submit a report to the Legislature
35detailing the implementation and operation of
begin delete the repositoryend delete
36 including, but not limited to, the amount and source of funds
37allocated and spent on repository activities, the toxic materials and
38harmful physical agents investigated during the past year and
39recommendations made concerning them, actions taken to inform
40interested persons of the possible hazards of exposure to toxic
P8 1materials and harmful physical agents, and any recommendations
2for legislative changes relating to the functions of
begin delete the repositoryend delete
The Legislature finds and declares that Section 1 of
5this act, which amends Section 6276.12 of the Government Code,
6imposes a limitation on the public’s right of access to the meetings
7of public bodies or the writings of public officials and agencies
8within the meaning of Section 3 of Article I of the California
9Constitution. Pursuant to that constitutional provision, the
10Legislature makes the following findings to demonstrate the interest
11protected by this limitation and the need for protecting that interest:
12 In order to protect the names and addresses of customers who
13have purchased chemicals from chemical manufacturers,
14 formulators, suppliers, distributors, importers, and their agents,
15 it is necessary that lists
begin delete those names and addressesend delete be exempt
19 under the California Public Records Act (Chapter 3.5 (commencing
20with Section 6250) of Division 7 of Title 1 of the Government