BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 193
          Author:   Monning (D)
          Amended:  8/21/14
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-2, 4/23/13
          AYES:  Evans, Corbett, Jackson, Leno, Monning
          NOES:  Walters, Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  : 21-14, 5/28/13
          AYES: Beall, Block, Corbett, De León, DeSaulnier, Evans,  
            Hancock, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu, Monning,  
            Padilla, Pavley, Roth, Steinberg, Wolk, Yee
          NOES: Anderson, Berryhill, Calderon, Cannella, Correa, Emmerson,  
            Fuller, Gaines, Huff, Knight, Nielsen, Torres, Walters, Wyland
          NO VOTE RECORDED: Galgiani, Hernandez, Price, Wright, Vacancy

           ASSEMBLY FLOOR  : 56-23, 8/25/14 - See last page for vote


           SUBJECT  :    Hazard evaluation system and information service

           SOURCE  :     Author


           DIGEST  :    This bill requires, except as specified, chemical  
          manufacturers, formulators, suppliers, distributors, importers,  
          and their agents to provide to the Hazard Evaluation System and  
          Information Service (HESIS) the names and addresses of their  
          customers who have purchased specified chemicals or commercial  
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          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.  This bill also provides that  
          the Department of Public Health (DPH) is entitled to  
          reimbursement of attorney's fees and costs incurred in seeking  
          an injunction to enforce specified requirements.

           Assembly Amendments  specify new circumstances under which  
          chemical manufacturers, formulators, suppliers, distributors,  
          importers, and their agents to provide information to HESIS;  
          exempt "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" from public disclosure under the  
          California Public Records Act; specify that this exempted  
          information is disclosed to DPH and other officers and employees  
          of the State of California; and specify that the Chief of HESIS  
          consult with the Director of the Department of Industrial  
          Relations (DIR) when there is new scientific or medical  
          information.

           ANALYSIS  :    

          Existing law:

          1. Recognizes that hazardous substances in the workplace in some  
             forms and concentrations pose potential acute and chronic  
             health hazards to employees who are exposed to these  
             substances.

          2. Ensures the transmission of necessary information to  
             employees regarding the properties and potential hazards of  
             hazardous substances in the workplace.

          3. Requires DIR, by interagency agreement with the Department of  
             Health Services (DHS), to establish a repository of current  
             data on toxic materials and harmful physical agents in use or  
             potentially in use in workplaces.

          4. Requires the DPH to maintain a program, known as HESIS, on  
             occupational health and occupational disease prevention.

          5. Requires DIR and DHS to provide reliable information of  

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             practical use to employers, employees, representatives of  
             employees, and other governmental agencies on the possible  
             hazards to employees of exposure to toxic materials or  
             harmful physical agents.  Existing case law settled the  
             authority of HESIS, on behalf of DHS, to issue hazard alerts  
             and fact sheets to the public.  

          6. The California Public Records Act, governs the disclosure of  
             information collected and maintained by public agencies.   
             Generally, all public records are accessible to the public  
             upon request, unless the record requested is exempt from  
             public disclosure.

          This bill:

          1. Requires that when there is new scientific or medical  
             information and the Chief of HESIS, in consultation with the  
             Director of DIR and Chief of the Division of Environmental  
             and Occupational Disease Control in DPH, makes a specified  
             determination, requires 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.

          2. Authorizes DPH to seek reimbursement for attorney's fees and  
             costs incurred in seeking an injunction to enforce these  
             provisions.

          3. Does not apply to a retail seller if the sale of the chemical  
             or mixture is in the same form, approximate amount,  
             concentration, and manner as the chemical or mixture is sold  
             to the general public.

          4. Does not require employers, other than chemical  
             manufacturers, formulators, suppliers, distributors,  
             importers, and their agents, to report any information not  
             otherwise required by law.

          5. Makes conforming changes to reflect the recent reorganization  
             of DPH.

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          6. Exempts from disclosure, under the California Public Records  
             Act, the customer lists of chemical manufacturers,  
             formulators, suppliers, distributors, importers, and their  
             agents that are required to be provided pursuant to the  
             repository's request; and authorizes disclosure of customer  
             lists only to officers or employees of the state not  
             affiliated with HESIS who are responsible for carrying out  
             the purposes of the California Occupational Safety and Health  
             Act of 1973, the Division of Occupational Safety and Health  
             Administration, and the Secretary of Food and Agriculture.

          7. Exempt from public disclosure 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, but provides that specifically  
             authorizes HESIS to disclose that information to officers or  
             employees of the DPH and other specified officers and  
             employees of the state.

          8. States findings and declarations of the Legislature for  
             limiting the public's right of access to the information.

           Background
           
          In 1973, the Legislature enacted the California Occupational  
          Safety and Health Act for the purpose of assuring safe and  
          healthful working conditions.  In furtherance of this purpose,  
          the Legislature subsequently established comprehensive statutory  
          mandates requiring DIR and DPH to safeguard the health and  
          safety of California workers.  One such mandate requires DIR and  
          DPH to maintain a repository that collects and maintains data on  
          toxic materials and harmful physical agents in use or  
          potentially in use in workplaces.  HESIS, a DPH program,  
          utilizes the information collected by the repository to evaluate  
          potential hazards to human health and provides information about  
          possible health hazards that may be caused by exposure to toxic  
          materials.  HESIS also issues early warnings to various  
          industries concerning potential workplace hazards.

          The current strategy used by HESIS when mailing out hazard  
          alerts is to identify each business likely to use the targeted  

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          chemical by searching commercial databases using standard  
          industry codes.  For example, after participating in a workplace  
          fatality investigation last year, HESIS mailed out a hazard  
          alert on the use of methylene chloride-containing paint  
          strippers.  To identify employees potentially exposed to the  
          potential hazard of these paint strippers, HESIS searched the  
          commercial databases for businesses classified as furniture  
          refinishers, furniture strippers, or bathtub refinishers.  

          Additionally, the Occupational Health Branch (OHB) (of which  
          HESIS is a part) maintains a database of businesses,  
          contractors, unions, and advocacy groups.  That database is of  
          limited use in directed hazard alert mailings since a search for  
          potential users of toxic materials is based upon the likely  
          relevance of the businesses, contractors, unions, and advocacy  
          groups to the toxic material.  

          In its Summer 2004 Occupational Health Watch publication,  
          indicated that "[a]lthough businesses are required to submit  
          hazardous materials inventories to local agencies, these data  
          are not computerized, easily accessed, nor compiled on a  
          statewide basis.  Direct requests to manufacturers and importers  
          to voluntarily submit their client lists for the test chemicals  
          was unsuccessful.  Requiring client lists of hazardous  
          chemicals, or making inventory data available on a statewide  
          basis, would help ensure that workers and employers receive OHB  
          alerts in a manner timely enough to keep workers health."  (Cal.  
          Dept. of Health Services, Occupational Health Branch,  
          Occupational Health Watch (Summer 2004)  
           [as of  
          Aug. 10, 2013], p. 5.)

           Prior legislation
           
          AB 816 (Lieber, 2005), would have required chemical  
          manufacturers and importers to provide HESIS the names and  
          addresses of businesses to which they sold their products.  The  
          bill is substantially similar to the enrolled version of AB 816  
          (Lieber, 2005).  In vetoing AB 816, Governor Schwarzenegger  
          stated:

             This bill is unnecessary and an invasion of privacy.   
             Employers are currently required to notify their workers  
             about health hazards and to provide a safe and healthy  

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             workplace.  Other protective measures that ensure worker  
             safety include the Business Plan Hazardous Materials  
             Inventories; the Air Toxics Program; CalSites Database,  
             Unidocs Hazardous Materials Online Inventory Database; and  
             the Wastewater Pretreatment and Pollution Prevention Plans.  
              Employers must also inform their employees of the  
             availability of material safety data sheets (MSDS) relating  
             to any chemical to which the employee may be exposed.    
             Further, employers routinely undergo Division of  
             Occupational Safety and Health inspections to ensure that  
             MSDS documents are available for employees.

             Assembly Bill 816 imposes an unreasonable, labor intensive  
             and duplicative reporting requirement when there are  
             existing programs and standards in place to ensure that  
             employees are protected from hazardous chemical exposure.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/25/14)

          American Sustainable Business Council
          Bay Area Healthy 880 Communities
          Breast Cancer Fund
          California Conference of the Amalgamated Transit Union
          California Conference of Machinists
          Californians for A Healthy And Green Economy 
          California Healthy Nail Salon Collaborative
          California Labor Federation
          California Nurses Association
          California Rural Legal Assistance Foundation
          California School Employees Association                           
                               
          California State Association of Occupational Health Nurses
          California Teamsters Public Affairs Council
          Center for Environmental Health 
          Central Coast School Food Alliance
          Clean Water Action
          Communication Workers of America
          Consumer Attorneys of California
          Engineers & Scientists of CA, IFPTE Local 20
          International Longshore & Warehouse Union, Northern California  
          District Council

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          Latino Coalition for a Healthy California
          Mujeres Unidas y Activas
          National Lawyers Guild, Labor, Employment Committee
          Occupational Health and Safety Section/ American Public Health  
          Association
          Physicians for Social Responsibility, Los Angeles
          Professional and Technical Engineers, IFPTE Local 21
          SEIU California
          Silicon Valley Toxics Coalition
          UNITE-HERE, AFL-CIO
          United Food and Commercial Workers, Western States Council
          Utility Workers Union of America, AFL-CIO
          Warehouse, Processing & Distribution Workers' Union
          Western Occupational & Environmental   Medical Association
          Worksafe! 

           ARGUMENTS IN SUPPORT  :    According to the author's office, in  
          the absence of a robust federal policy on chemicals, California  
          has confronted a number of difficulties when responding to the  
          release of chemical hazards in recent years.  Too often, the  
          public is provided protections only after damaging effects to  
          workers' health have become pervasive.  Finding information  
          concerning new, unregulated chemicals, such as certain solvents,  
          is often very difficult to track when they are used in many  
          different settings.  When it has been able to obtain the  
          necessary information, [the Hazardous Evaluation System and  
          Information Service (HESIS)] has provided early warnings to  
          various industries concerning prospective hazards, such as  
          alerts on chemicals posing reproductive hazards.

          This bill requires chemical manufacturers, suppliers,  
          distributors, importers and their agents, when requested to do  
          so by [HESIS] maintained jointly at DIR and the DPH, and under  
          conditions of confidentiality, to provide the names and  
          addresses of their customers who have purchased chemicals or  
          products containing those chemicals, and their proportions, to  
          the repository maintained by the HESIS.


           ASSEMBLY FLOOR  : 56-23, 08/25/14
          AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,  
            Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,  

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            Roger Hernández, Holden, Jones-Sawyer, Levine, Linder,  
            Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea,  
            John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,  
            Wieckowski, Williams, Yamada, Atkins
          NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Fox, Beth  
            Gaines, Gorell, Grove, Hagman, Harkey, Jones, Logue,  
            Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED: Vacancy


          AL:d  8/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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