Prop 65 changes: What you need to know

Prior to August 30th 2018, businesses in California with 10 or more employees were required to provide a “clear and reasonable” warning before exposing visitors or employees to any chemicals on OEHHA’s list,  known to the State of California for their potential to cause cancer or reproductive harm. The amendments that went into effect  this year modify required language of the warnings. These amendments apply to commercial property owners, restaurants, industrial facilities, hotels, parking structures, stations that service vehicles, manufacturers, food and product vendors, etc.

Prop 65, The Safe Drinking Water and Toxic Enforcement Act, was enacted in 1986 to prevent manufacturers and business owners from knowingly exposing consumers/people to harmful chemicals. Prior to August 30th 2018, businesses in California with 10 or more employees were required to provide a “clear and reasonable” warning before exposing visitors or employees to any chemicals on OEHHA’s list,  known to the State of California for their potential to cause cancer or reproductive harm. This list of chemicals has been developed by Office of Environmental Health Hazard Assessment (OEHHA).
Warnings prior to the amendment didn’t need to identify the specific chemical or provide information about how a person may be exposed or how to reduce exposure, if not eliminate it.
The amendments that went into effect August 30th of this year modify required language of the warnings. The purpose of the amendments is to provide guidance to consumers with relevance to exposure whether environmental or occupational. These amendments affect commercial property owners, restaurants, industrial facilities, hotels, parking structures, stations that service vehicles, manufacturers, food and product vendors, etc. Failure to comply can result in fines up to $2500 and legal implications in civil lawsuits.
The warnings are now required to include the elements below:

  1. The name of at least one listed chemical, and clear language identifying whether it is a carcinogen or a reproductive toxicant.
  2. Link to the Prop 65 site, which includes additional information on listed chemicals and ways to reduce exposure to them.
  3. A yellow and black warning symbol, which can be downloaded from this link. 

For more details read information provided by AALR Attorneys at law – Link
And for sign specific vendors, use this link Prop 65 signs
For qualified toxicology professionals who can determine if Prop 65 labeling is required and to (possibly) defend against Prop 65 lawsuits use this link.
For more information contact Hafsa Burt, AIA (hb+a Architects) who chairs the Codes and Standards Committee at BOMA East Bay.

 

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