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March 2015

OEHHA Holding Public Hearing on Proposed Prop 65 Warning Regulations and Website

On March 25, 2015, the California Office of Environmental Health Hazard Assessment will be holding a public hearing on its proposed Proposition 65 warning regulations. The meeting, which begins at 10 am, will be held at the Sacramento Cal/EPA headquarters building located at 1001 I Street.  OEHHA is allotting only two hours for this meeting.  At 1:30 pm at the same location, OEHHA will hold a public hearing on the proposed Proposition 65 website.  That hearing is scheduled to end at 4 pm.  Written comments are due by April 8, 2015. GLO previously reported on these regulatory developments, which will transform the Proposition 65 compliance and enforcement landscape. These issues deserve more time than the two or so hours being allotted to each of them.

Third Time’s A Charm? – OEHHA Proposes To List Styrene

On February 27, 2015, the California Office of Environmental Health Hazard Assessment published a Notice of Intent to List styrene as a Proposition 65 carcinogen under the authoritative bodies mechanism.  This is the third time that OEHHA has attempted to list styrene. Comments on the proposed listing must be submitted by March 30, 2015. OEHHA first attempted to list styrene in 2009 under the Labor Code mechanism. That proposed listing was challenged in court, on the basis that the underlying scientific conclusion about the chemical’s carcinogenicity, developed by the National Toxicology Program (NTP), was based on “less than sufficient” evidence in animals and therefore did not meet the Proposition 65 statutory requirement for listing.  The California Court of Appeal agreed in Styrene Information and Research Center v. Office of Environmental Health Hazard Assessment (2012) 210 Cal.App. 4th. 1082, and styrene was not listed. OEHHA again proposed listing styrene in 2013 via the …Read More

OSHA Issues Enforcement Guidance On New GHS Hazard Communication Requirements For Mixtures

With the June 1, 2015 deadline looming for compliance with the 2012 Globally Harmonized System amendments to the Hazard Communication Standard, the federal Occupational Safety and Health Administration has issued an enforcement guidance document that may spell relief for those companies which are unable to obtain necessary information from their upstream suppliers. This enforcement guidance applies only to manufacturers, importers and distributors of chemical mixtures, with respect to their hazard classifications and development of safety data sheets (and for distributors, SDS transmission) and labels. Under the new guidance, such entities will not be cited for failing to meet the applicable deadline, if the reason for the failure is that they were unable to obtain the necessary information from their suppliers despite the exercise of reasonable diligence and good faith. OSHA’s enforcement policy as described in the guidance document shall not exceed two years. In 2012, OSHA amended the Hazard Communication Standard (HCS) …Read More