BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2892


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          Date of Hearing:   April 12, 2016


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          AB 2892  
          (Committee on Environmental Safety and Toxic Materials) - As  
          Introduced February 29, 2016


          SUBJECT:  Pesticide poisoning


          SUMMARY:  Extends the sunset, from January 1, 2017, to January  
          1, 2019, on the requirement for laboratories to, as part of the  
          California Medical Supervision Program (Program), electronically  
          transmit specified agricultural worker pesticide exposure test  
          results to the Department of Pesticide Regulation (DPR).  


          EXISTING LAW:  


          1)Requires each employer, who has an employee who regularly  
            handles organophosphate or carbamate pesticides (OP/CB  
            pesticides), to contract with a physician to provide medical  
            supervision of the employee.  (California Code of Regulations  
            (CCR), Title 3, § 6728 (b))

          2)Delineates the employer's responsibilities for medical  
            supervision for employees regularly handling OP/CB pesticides,  
            including requiring baseline cholinesterase tests and follow  
            up tests after the employee has handled OP/CB pesticides, as  
            specified. (CCR, Title 3, § 6728 (c))









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          3)Requires an employer to remove an employee from exposure to  
            OP/CB pesticides if the employee's cholinesterase level falls  
            below specified baseline values. (CCR), Title 3, § 6728 (e))

          4)Requires a laboratory that performs cholinesterase testing on  
            human blood drawn in California under the Program, or drawn to  
            respond to alleged or known exposure to cholinesterase  
            inhibitors that resulted in illness, to report specified  
            information, including test results, to DPR. (Health and  
            Safety Code (HSC) § 105206 (a))

          5)Requires the medical supervisor ordering a cholinesterase test  
            under the Program to note in the test order the purpose of the  
            test. (HSC § 105206 (c))

          6)Requires the Office of Environmental Health Hazard Assessment  
            (OEHHA) to review the cholinesterase test results and  
            authorizes OEHHA to provide an appropriate medical or  
            toxicological consultation to the medical supervisor.  (HSC §  
            105206 (e))

          7)Requires, by December 31, 2015, DPR and OEHHA, in consultation  
            with the State Department of Public Health (DPH), to prepare a  
            report on the effectiveness of the medical supervision program  
            and on the utility of laboratory-based reporting of  
            cholinesterase testing for illness surveillance and  
            prevention.  Clarifies that the joint report may include  
            recommendations to the Legislature that DPR and OEHHA deem  
            necessary. (HSC § 105206 (f))

          8)Sunsets the cholinesterase result reporting requirements on  
            January 1, 2017. (HSC § 105206 (g))

          9)Requires any physician and surgeon who knows, or has  
            reasonable cause to believe, that a patient is suffering from  
            pesticide poisoning or any disease or condition caused by a  
            pesticide to promptly report that fact to the local health  
            officer by telephone within 24 hours. (HSC § 105200)  









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          10)Requires OEHHA to develop and implement, in cooperation with  
            local health officers and state and local medical  
            associations, a program of medical education to alert  
            physicians and other health care professionals to the  
            symptoms, diagnosis, treatment, and reporting of pesticide  
            poisoning. (HSC § 105205)

          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill:  The California Medical Supervision Program  
          (Program) is designed to protect workers who regularly mix,  
          load, or apply organophosphate and carbamate pesticides (OP/CB),  
          which are highly toxic pesticides. In order to ensure that the  
          Program is effective, agricultural worker pesticide exposure  
          data (cholinesterase test results) are transmitted to DPR.  This  
          data transmission requirement sunsets on January 1, 2017.  AB  
          2892 extends this sunset to January 1, 2019, so that the state  
          can continue to effectively evaluate and manage the Program.

          Organophosphate and carbamate (OP/CB) pesticides: According to  
          DPR, both OPs and CBs work as a pesticide by inhibiting the  
          nerve enzyme cholinesterase, which breaks down the  
          neurotransmitter acetylcholine, leading to the death of an  
          insect. OPs and CBs can also affect humans by inhibiting  
          cholinesterase.  High exposure to OPs/ CBs can cause a variety  
          of acute symptoms of neurological poisoning, including blurred  
          vision, diarrhea, increased respiratory secretions, tremors,  
          seizures, loss of consciousness, and death.  The acute symptoms  
          can sometimes mimic other illnesses, and sometimes people can be  
          sub-clinically affected without showing major acute symptoms.  
          Due to the potential for sub-clinical effects or misdiagnosis of  
          the acute effects, it is useful to test for the depression of  
          cholinesterase in order to identify potential overexposure.  

          California Medical Supervision Program (Program):  According to  








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          DPR, the Program was established in 1974 when the use of  
          cholinesterase-inhibiting pesticides was extremely prevalent in  
          California agriculture.  While the use of  
          cholinesterase-inhibiting pesticides has declined over the  
          years, according to the most recent data, from 2008-2013 OP/CB  
          use remained at between 4.1 to 5.1 million pounds applied per  
          year.

          The goal of the Program is to protect pesticide handlers from  
          excessive exposure to OPs and CBs. It requires employers to  
          contract with a licensed physician as a "medical supervisor" to  
          periodically test the cholinesterase level of workers who  
          regularly handle these pesticides.  Under the Program, the  
          medical supervisor establishes baseline values of cholinesterase  
          during non-exposure periods for each employee, and periodically  
          measures cholinesterase activity levels while the worker handles  
          OPs/CBs. If the employee's cholinesterase is depressed below  
          certain levels, the employer must take immediate specified  
          actions to reduce exposure, such as promptly retesting the  
          employee, evaluating the work practices, or immediately removing  
          the employee from further exposure.   

          Reporting requirements:  While the Program had been in existence  
          for more than 30 years, prior to 2010, the state received very  
          little information from the field to determine whether the  
          Program was effective. However, Assembly Bill (AB) 1963 (Nava,  
          Chapter 369, Statues of 2010) added Section 105206 to the Health  
          & Safety Code, which requires laboratories that conduct  
          cholinesterase tests as a part of the Program to report test  
          results to DPR. The results are then analyzed by DPR and OEHHA,  
          in consultation with the DPH.  

          AB 1963 also required, by December 31, 2015, DPR and OEHHA, in  
          consultation with the DPH, to prepare a report on the  
          effectiveness of the medical supervision program and on the  
          utility of laboratory-based reporting of cholinesterase testing  
          for pesticide illness surveillance and prevention. AB 1963  
          stated that the joint report may include recommendations to the  
          Legislature that DPR and OEHHA deem necessary.








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          DPR and OEHHA submitted the resultant "The Report to the  
          California Legislature: California's Cholinesterase Test  
          Results" in December 2015, which found that overall, the Program  
          appears effective in protecting agricultural workers who handle  
          cholinesterase-inhibiting pesticides. The report did find,  
          however, that based on the data submitted from 2011-2013, the  
          utility of the data analysis is hampered by the inclusion of  
          thousands of records from individuals who are not in the  
          Program, and by missing data on the purpose of the  
          cholinesterase test. DPR and OEHHA laid out specific "future  
          directions," or actions that the two entities will take to  
          improve the Program and improve the utility of the data  
          collected. DPR and OEHHA also made two recommendations for  
          Program improvement: 1) Cholinesterase reporting should continue  
          at least through December 31, 2018, so that DPR and OEHHA can  
          obtain additional data with clearer information on the purpose  
          of the test and to allow further evaluation of the Program; and,  
          2) Transferring cholinesterase reporting responsibilities from  
          the laboratories to the medical supervisors may ultimately be a  
          more efficient way to implement the Program.

          AB 2892 would enact the first recommendation by extending the  
          cholinesterase reporting requirement through January 1, 2019.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Rural Legal Assistance Foundation


          Center for Farmworker Families










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          Health Officers Association of California


          Pesticide Action Network, North America


          Physicians for Social Responsibility, Los Angeles


          Physicians for Social Responsibility, San Francisco Bay Area  
          Chapter


          Swanton Berry Farms




          Opposition


          None on file.




          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965



















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