Amended in Assembly August 21, 2014

Amended in Assembly August 14, 2014

Amended in Assembly August 6, 2013

Amended in Senate April 9, 2013

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 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 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 Director of Industrial Relations and 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 HESIS by chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, that would be required pursuant to the bill, as provided, but would 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:

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.

P3    1Conservator, confidentiality of conservator’s birthdate and
2driver’s license number, Section 1834, Probate Code.

3Conservator, supplemental information, confidentiality of,
4Section 1821, Probate Code.

5Conservatorship, court review of, confidentiality of report,
6Section 1851, Probate Code.

7Consumer fraud investigations, access to complaints and
8 investigations, Section 26509.

9Consumption or utilization of mineral materials, disclosure of,
10Section 2207.1, Public Resources Code.

11Contractor, evaluations and contractor responses, confidentiality
12of, Section 10370, Public Contract Code.

13Contractor, license applicants, evidence of financial solvency,
14confidentiality of, Section 7067.5, Business and Professions Code.

15Controlled Substance Law violations, confidential information,
16Section 818.7.

17Controlled substance offenders, confidentiality of registration
18information, Section 11594, Health and Safety Code.

19Cooperative Marketing Association, confidential information
20disclosed to conciliator, Section 54453, Food and Agricultural
21Code.

22Coroner, inquests, subpoena duces tecum, Section 27491.8.

23County aid and relief to indigents, confidentiality of
24investigation, supervision, relief, and rehabilitation records, Section
2517006, Welfare and Institutions Code.

26County alcohol programs, confidential information and records,
27Section 11812, Health and Safety Code.

28County Employees’ Retirement, confidential statements and
29records, Section 31532.

30County mental health system, confidentiality of client
31information, Section 5610, Welfare and Institutions Code.

32County social services, investigation of applicant, confidentiality,
33Section 18491, Welfare and Institutions Code.

34County social services rendered by volunteers, confidentiality
35of records of recipients, Section 10810, Welfare and Institutions
36Code.

37County special commissions, disclosure of health care peer
38review and quality assessment records not required, Section
3914087.58, Welfare and Institutions Code.

P4    1County special commissions, disclosure of records relating to
2the commission’s rates of payment for publicly assisted medical
3care not required, Section 14087.58, Welfare and Institutions Code.

4Court files, access to, restricted for 60 days, Section 1161.2,
5Code of Civil Procedure.

6Court reporters, confidentiality of records and reporters, Section
768525.

8Court-appointed special advocates, confidentiality of information
9acquired or reviewed, Section 105, Welfare and Institutions Code.

10Crane employers, previous business identities, confidentiality
11of, Section 7383, Labor Code.

12Credit unions, confidentiality of investigation and examination
13reports, Section 14257, Financial Code.

14Credit unions, confidentiality of employee criminal history
15information, Section 14409.2, Financial Code.

16Criminal defendant, indigent, confidentiality of request for funds
17for investigators and experts, Section 987.9, Penal Code.

18Criminal offender record information, access to, Sections 11076
19and 13202, Penal Code.

20Crop reports, confidential, subdivision (e), Section 6254.

21Customer list of chemical manufacturers, formulators, suppliers,
22distributors, importers, and their agents, the quantities and dates
23of shipments, and the proportion of a specified chemical within a
24mixture, confidential, Section 147.2, Labor Code.

25Customer list of employment agency, trade secret, Section 16607,
26Business and Professions Code.

27Customer list of telephone answering service, trade secret,
28Section 16606, Business and Professions Code.

29

SEC. 2.  

Section 147.2 of the Labor Code is amended to read:

30

147.2.  

(a) As used in this section, “Hazard Evaluation System
31and Information Service” or “HESIS” means the repository
32established pursuant to subdivision (b).

33(b) In accordance with Chapter 2 (commencing with Section
346350) of Part 1 of Division 5 of this code and Section 105175 of
35the Health and Safety Code, the Department of Industrial Relations,
36by interagency agreement with the State Department of Public
37Health, shall establish a repository of current data on toxic
38materials and harmful physical agents in use or potentially in use
39in places of employment in the state, known as the Hazard
40Evaluation System and Information Service, or HESIS.

P5    1(c) HESIS shall fulfill all of the following functions:

2(1) Provide reliable information of practical use to employers,
3employees, representatives of employees, and other governmental
4agencies on the possible hazards to employees of exposure to toxic
5materials or harmful physical agents.

6(2) Collect and evaluate toxicological and epidemiological data
7and any other information that may be pertinent to establishing
8harmful effects on health of exposure to toxic materials or harmful
9physical agents. Nothing in this subdivision shall be construed as
10authorizing HESIS to require employers, other than chemical
11manufacturers, formulators, suppliers, distributors, importers, and
12their agents, to report any information not otherwise required by
13law.

14(3) When there is new scientific or medical information and the
15Chief of HESIS, in consultation with the Director of Industrial
16Relations and the Chief of the Division of Environmental and
17Occupational Disease Control in the State Department of Public
18Health, determines that a substancebegin insert may be in use in a place of
19employment, may pose a hazard under a reasonable anticipated
20condition of use, andend insert
potentially poses a serious new or
21unrecognized health hazard to an employee, including, but not
22limited to, cancer, reproductive or developmental harm, organ
23system impairment, or death, chemical manufacturers, formulators,
24suppliers, distributors, importers, and their agents, as specified in
25 subparagraph (A), shall provide to HESIS the names and addresses
26of their customers who have purchased certain chemicals, as
27specified by HESIS, or commercial products containing those
28chemicals and information related to those shipments, including
29the quantities and dates of shipments, and the proportion of a
30specified chemical within a mixture containing the specified
31 chemical, upon written request by HESIS, for every product the
32final destination of which may be a place of employment in
33California. This paragraph shall not apply to a retail seller of the
34substance, whether sold individually or as part of a commercial
35product to the public. The following shall apply to this paragraph:

36(A) On or after January 1, 2016, the information requested shall
37include current and past customers for not more than a one-year
38period prior to the date the request is issued. The information shall
39be provided within a reasonable timeframe, not to exceed 30
40calendar days from the date the request is issued. The information
P6    1shall be provided in a format specified by the State Department of
2Public Health but consistent with the responding entity’s current
3data system.

4(B) Unless, pursuant to other law or regulation the following
5persons, any other person, or any governmental entity is required
6to publicly disclose the following information, the names and
7addresses of customers, the quantities and dates of shipments, and
8the proportion of a specified chemical within a mixture provided
9by chemical manufacturers, formulators, suppliers, distributors,
10importers, and their agents pursuant to this paragraph shall be
11considered confidential and, except as specified in this
12subparagraph, exempt from public disclosure under the California
13Public Records Act (Chapter 3.5 (commencing with Section 6250)
14of Division 7 of Title 1 of the Government Code). HESIS may
15disclose that information to officers or employees of the State
16Department of Public Health, to officers or employees of the state
17who are responsible for carrying out the purposes of Division 5
18(commencing with Section 6300), or to the state agencies of the
19state officers specified in paragraphs (5) and (6). Any officer,
20employee, or agency to which the information is disclosed shall
21be subject to this subparagraph.

22(C) The State Department of Public Health shall be entitled to
23reimbursement of attorney’s fees and costs incurred in seeking an
24injunction to enforce this paragraph.

25(4) Recommend to the Chief of the Division of Occupational
26Safety and Health Administration that an occupational safety and
27health standard be developed whenever it has been determined
28that a substance in use or potentially in use in places of employment
29 is potentially toxic at the concentrations or under the conditions
30used.

31(5) Notify the Director of Pesticide Regulation of any
32information developed by HESIS that is relevant to carrying out
33his or her responsibilities under Chapters 2 (commencing with
34Section 12751) and 3 (commencing with Section 14001) of
35Division 7 of the Food and Agricultural Code.

36(6) Notify the Secretary for Environmental Protection of any
37information developed by HESIS that is relevant to carrying out
38his or her responsibilities.

39(d) The Director of Industrial Relations shall appoint an advisory
40committee to HESIS. The advisory committee shall consist of four
P7    1representatives from labor, four representatives from management,
2four active practitioners in the occupational health field, and three
3persons knowledgeable in biomedical statistics or information
4storage and retrieval systems. The advisory committee shall meet
5on a regular basis at the request of the director. The committee
6shall be consulted by, and shall advise the director at each phase
7of the structuring and functioning of the repository and alert system
8with regard to, the procedures, methodology, validity, and practical
9utility of collecting, evaluating, and disseminating information
10concerning hazardous substances, consistent with the primary goals
11and objectives of the repository.

12(e) Nothing in this section shall be construed to limit the ability
13of the State Department of Public Health to propose occupational
14safety and health standards to the Occupational Safety and Health
15Standards Board.

16(f) Policies and procedures shall be developed to assure, to the
17extent possible, that HESIS uses and does not duplicate the
18resources of the federal government and other states.

19(g) On or before December 31 of each year, the Department of
20Industrial Relations shall submit a report to the Legislature
21detailing the implementation and operation of HESIS including,
22but not limited to, the amount and source of funds allocated and
23spent on repository activities, the toxic materials and harmful
24physical agents investigated during the past year and
25recommendations made concerning them, actions taken to inform
26interested persons of the possible hazards of exposure to toxic
27materials and harmful physical agents, and any recommendations
28for legislative changes relating to the functions of HESIS.

29

SEC. 3.  

The Legislature finds and declares that Section 1 of
30this act, which amends Section 6276.12 of the Government Code,
31imposes a limitation on the public’s right of access to the meetings
32of public bodies or the writings of public officials and agencies
33within the meaning of Section 3 of Article I of the California
34Constitution. Pursuant to that constitutional provision, the
35Legislature makes the following findings to demonstrate the interest
36protected by this limitation and the need for protecting that interest:

37 In order to protect the names and addresses of customers who
38have purchased chemicals from chemical manufacturers,
39 formulators, suppliers, distributors, importers, and their agents,
40the quantities and dates of shipments, and the proportion of a
P8    1specified chemical within a mixture, it is necessary that lists
2containing that information be exempt from disclosure, as provided
3in Section 147.2 of the Labor Code, under the California Public
4Records Act (Chapter 3.5 (commencing with Section 6250) of
5Division 7 of Title 1 of the Government Code).



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