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 Health (DPH), 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 repository is known as the Hazard Evaluation System and Information Service (HESIS). Existing law requires
begin delete theend delete HESIS, 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. Existing law expressly does not require employers to report any information not otherwise required by law.
This bill, except as specified, when there is new scientific or medical information and the Chief of HESIS, in consultation with the Chief of the Division of Environmental and Occupational Disease Control in DPH, makes a specified determination, would require chemical manufacturers, formulators, suppliers, distributors, importers, and their agents to provide to HESIS 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, upon written request of HESIS, for every product the final destination of which may be a place of employment in California. The bill would deem the names and addresses of customers, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture to be confidential. The bill would also provide that DPH would 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, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture provided to
begin delete the repositoryend delete by chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, that would be required pursuant to the bill, as provided, but would begin delete provide thatend delete
specifically authorize HESIS to disclose that information to officers or employees of the DPH, to officers or employees of the state 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 information.
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,
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.
P3 1Conservator, supplemental information, confidentiality of,
2Section 1821, Probate Code.
3Conservatorship, court review of, confidentiality of report,
4Section 1851, Probate Code.
5Consumer fraud investigations, access to complaints and
6 investigations, Section 26509.
7Consumption or utilization of mineral materials, disclosure of,
8Section 2207.1, Public Resources Code.
9Contractor, evaluations and contractor responses, confidentiality
10of, Section 10370, Public Contract Code.
11Contractor, license applicants, evidence of financial solvency,
12confidentiality of, Section 7067.5, Business and Professions Code.
13Controlled Substance Law violations, confidential information,
15Controlled substance offenders, confidentiality of registration
16information, Section 11594, Health and Safety Code.
17Cooperative Marketing Association, confidential information
18disclosed to conciliator, Section 54453, Food and Agricultural
20Coroner, inquests, subpoena duces tecum, Section 27491.8.
21County aid and relief to indigents, confidentiality of
22investigation, supervision, relief, and rehabilitation records, Section
2317006, Welfare and Institutions Code.
24County alcohol programs, confidential information and records,
25Section 11812, Health and Safety Code.
26County Employees’ Retirement, confidential statements and
27records, Section 31532.
28County mental health system, confidentiality of client
29information, Section 5610, Welfare and Institutions Code.
30County social services, investigation of applicant, confidentiality,
31Section 18491, Welfare and Institutions Code.
32County social services rendered by volunteers, confidentiality
33of records of recipients, Section 10810, Welfare and Institutions
35County special commissions, disclosure of health care peer
36review and quality assessment records not required, Section
3714087.58, Welfare and Institutions Code.
38County special commissions, disclosure of records relating to
39the commission’s rates of payment for publicly assisted medical
40care not required, Section 14087.58, Welfare and Institutions Code.
P4 1Court files, access to, restricted for 60 days, Section 1161.2,
2Code of Civil Procedure.
3Court reporters, confidentiality of records and reporters, Section
5Court-appointed special advocates, confidentiality of information
6acquired or reviewed, Section 105, Welfare and Institutions Code.
7Crane employers, previous business identities, confidentiality
8of, Section 7383, Labor Code.
9Credit unions, confidentiality of investigation and examination
10reports, Section 14257, Financial Code.
11Credit unions, confidentiality of employee criminal history
12information, Section 14409.2, Financial Code.
13Criminal defendant, indigent, confidentiality of request for funds
14for investigators and experts, Section 987.9, Penal Code.
15Criminal offender record information, access to, Sections 11076
16and 13202, Penal Code.
17Crop reports, confidential, subdivision (e), Section 6254.
18Customer list of chemical manufacturers, formulators, suppliers,
19distributors, importers, and their agents, the quantities and dates
20of shipments, and the proportion of a specified chemical within a
21mixture, confidential, Section 147.2, Labor Code.
22Customer list of employment agency, trade secret, Section 16607,
23Business and Professions Code.
24Customer list of telephone answering service, trade secret,
25Section 16606, Business and Professions Code.
Section 147.2 of the Labor Code is amended to read:
(a) As used in this section, “Hazard Evaluation System
28and Information Service” or “HESIS” means the repository
29established pursuant to subdivision (b).
30(b) In accordance with Chapter 2 (commencing with Section
316350) of Part 1 of Division 5 of this code and Section 105175 of
32the Health and Safety Code, the Department of Industrial Relations,
33by interagency agreement with the State Department of Public
34Health, shall establish a repository of current data on toxic
35materials and harmful physical agents in use or potentially in use
36in places of employment in the state, known as the Hazard
37Evaluation System and Information Service, or HESIS.
38(c) HESIS shall fulfill all of the following functions:
39(1) Provide reliable information of practical use to employers,
40employees, representatives of employees, and other governmental
P5 1agencies on the possible hazards to employees of exposure to toxic
2materials or harmful physical agents.
3(2) Collect and evaluate toxicological and epidemiological data
4and any other information that may be pertinent to establishing
5harmful effects on health of exposure to toxic materials or harmful
6physical agents. Nothing in this subdivision shall be construed as
7authorizing HESIS to require employers, other than chemical
8manufacturers, formulators, suppliers, distributors, importers, and
9their agents, to report any information not otherwise required by
11(3) When there is new scientific or medical information and the
12Chief of HESIS, in consultation with the Chief of the Division of Environmental and
14Occupational Disease Control in the State Department of Public
15Health, determines that a substance potentially poses a serious new
16or unrecognized health hazard to an employee, including, but not
17limited to, cancer, reproductive or developmental harm, organ
18system impairment, or death, chemical manufacturers, formulators,
19suppliers, distributors, importers, and their agents, as specified in
20 subparagraph (A), shall provide to HESIS the names and addresses
21of their customers who have purchased certain chemicals, as
22specified by HESIS, or commercial products containing those
23chemicals and information related to those shipments, including
24the quantities and dates of shipments, and the proportion of a
25specified chemical within a mixture containing the specified
26 chemical, upon written request by HESIS, for every product the
27final destination of which may be a place of employment in
28California. This paragraph shall not apply to a retail seller of the
29substance, whether sold individually or as part of a commercial
30product to the public. The following shall apply to this paragraph:
31(A) On or after January 1,
begin delete 2015,end delete the information requested
32shall include current and past customers for not more than a
33one-year period prior to the date the request is issued. The
34information shall be provided within a reasonable timeframe, not
35to exceed 30 calendar days from the date the request is issued. The
36information shall be provided in a format specified by the State
37Department of Public Health but consistent with the responding
38entity’s current data system.
39(B) Unless, pursuant to other law or regulation the following
40persons, any other person, or any governmental entity is required
P6 1to publicly disclose the following information, the names and
2addresses of customers, the quantities and dates of shipments, and
3the proportion of a specified chemical within a mixture provided
4by chemical manufacturers, formulators, suppliers, distributors,
5importers, and their agents pursuant to this paragraph shall be
6considered confidential and, except as specified in this
7subparagraph, exempt from public disclosure under the California
8Public Records Act (Chapter 3.5 (commencing with Section 6250)
9of Division 7 of Title 1 of the Government Code). HESIS may
10disclose that information to officers or employees of the State
11Department of Public Health, to officers or employees of the state
12who are responsible for carrying out the purposes of Division 5
13(commencing with Section 6300), or to the state agencies of the
14state officers specified in paragraphs (5) and (6).
17(C) The State Department of Public Health shall be entitled to
18reimbursement of attorney’s fees and costs incurred in seeking an
19injunction to enforce this paragraph.
20(4) Recommend to the Chief of the Division of
21Safety and Health Administration that an occupational safety and
22health standard be developed whenever it has been determined
23that a substance in use or potentially in use in places of employment
24 is potentially toxic at the concentrations or under the conditions
26(5) Notify the Director of Pesticide Regulation of any
27information developed by
begin delete the repositoryend delete that is relevant to
28carrying out his or her responsibilities under Chapters 2
29(commencing with Section 12751) and 3 (commencing with
30Section 14001) of Division 7 of the Food and Agricultural Code.
31(6) Notify the Secretary for Environmental Protection of any
32information developed by HESIS that is relevant to carrying out
33his or her responsibilities.
34(d) The Director of Industrial Relations shall appoint an advisory
35committee to HESIS. The advisory committee shall consist of four
36representatives from labor, four representatives from management,
37four active practitioners in the occupational health field, and three
38persons knowledgeable in biomedical statistics or information
39storage and retrieval systems. The advisory committee shall meet
40on a regular basis at the request of the director. The committee
P7 1shall be consulted by, and shall advise the director at each phase
2of the structuring and functioning of the repository and alert system
3with regard to, the procedures, methodology, validity, and practical
4utility of collecting, evaluating, and disseminating information
5concerning hazardous substances, consistent with the primary goals
6and objectives of the repository.
7(e) Nothing in this section shall be construed to limit the ability
8of the State Department of Public Health to propose occupational
9safety and health standards to the Occupational Safety and Health
11(f) Policies and procedures shall be developed to assure, to the
12extent possible, that HESIS uses and does not duplicate the
13resources of the federal government and other states.
14(g) On or before December 31 of each year, the Department of
15Industrial Relations shall submit a report to the Legislature
16detailing the implementation and operation of HESIS including,
17but not limited to, the amount and source of funds allocated and
18spent on repository activities, the toxic materials and harmful
19physical agents investigated during the past year and
20recommendations made concerning them, actions taken to inform
21interested persons of the possible hazards of exposure to toxic
22materials and harmful physical agents, and any recommendations
23for legislative changes relating to the functions of HESIS.
The Legislature finds and declares that Section 1 of
25this act, which amends Section 6276.12 of the Government Code,
26imposes a limitation on the public’s right of access to the meetings
27of public bodies or the writings of public officials and agencies
28within the meaning of Section 3 of Article I of the California
29Constitution. Pursuant to that constitutional provision, the
30Legislature makes the following findings to demonstrate the interest
31protected by this limitation and the need for protecting that interest:
32 In order to protect the names and addresses of customers who
33have purchased chemicals from chemical manufacturers,
34 formulators, suppliers, distributors, importers, and their agents,
35the quantities and dates of shipments, and the proportion of a
36specified chemical within a mixture, it is necessary that lists
37containing that information be exempt from disclosure, as provided
38in Section 147.2 of the Labor Code, under the California Public
P8 1Records Act (Chapter 3.5 (commencing with Section 6250) of
2Division 7 of Title 1 of the Government Code).