BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            AB 2892
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          |Author:    |Committee on Environmental Safety and Toxic          |
          |           |Materials                                            |
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          |Version:   |6/16/2016              |Hearing      |6/29/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
          |           |                                                     |
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          SUBJECT:  Pesticide poisoning.

            ANALYSIS:
          
          Existing law:  
          
          1)Under California Code of Regulations (CCR), Title 3, §6728: 

             a)   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.  

             b)   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. 

             c)   Requires an employer to remove an employee from exposure  
               to OP/CB pesticides if the employee's cholinesterase level  
               falls below specified baseline values. 

          2)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 the California  
            Department of Pesticide Regulation (DPR). 







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          3)Requires the medical supervisor ordering a cholinesterase test  
            under the Program to note in the test order the purpose of the  
            test. 

          4)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.  

          5)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. 

          6)Sunsets the cholinesterase result reporting requirements on  
            January 1, 2017. 

          7)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. 

          8)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. 

          This bill:  

          1) Extends the sunset on the requirement for laboratories to  
             electronically transmit specified agricultural worker  
             pesticide exposure test results to DPR under the California  
             Medical Supervision Program from January 1, 2017, to January  
             1, 2021. 










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          2) Requires that an employer satisfying his or her  
             responsibilities for medical supervision of employees who  
             regularly handle pesticides contract with a medical  
             supervisor registered with OEHHA. 


          3) Requires OEHHA to establish a procedure for registering and  
             deregistering medical supervisors and to establish  
             requirements for their performance. 


          4) Makes specified changes to the information a testing  
             laboratory is required to report to DPR.


            Background
          
          1) 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.  

          2) California Medical Supervision Program (Program):  According  
             to 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  








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             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.   

          3) 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, AB 1963 (Nava,  
             Chapter 369, Statutes 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.
             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  








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             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.
            
          Comments
          
          1) Purpose of Bill.  According to the author, while the  
             agricultural use of organophosphate and carbamate pesticides  
             has declined over the decades, millions of pounds of these  
             highly toxic pesticides are still applied every year in  
             California.  The California Medical Supervision Program  
             (Program) is designed to protect agricultural workers who  
             regularly mix, load, or apply organophosphate and carbamate  
             pesticides. In order to ensure that the Program is effective,  
             agricultural worker pesticide exposure data (cholinesterase  
             test results) are transmitted to the Department of Pesticide  
             Regulation (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, and to prevent worker  
             pesticide illness due to the overexposure to organophosphate  
             and carbamate pesticides.


           Related/Prior Legislation

               AB 1963 (Nava, Chapter 369, Statutes of 2010) requires  
               clinical laboratories that perform cholinesterase testing  
               for the purpose of determining workers' pesticide exposure  
               to electronically report test results to the Department of  
               Pesticide Regulation (DPR).
            
          SOURCE:                    Assembly Committee on Environmental Safety  
                         and Toxic Materials  

           SUPPORT:               

          California Rural Legal Assistance Foundation
          Center for Farmworker Families
          Health Officers Association of California








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          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 received  


           
                                          
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