In response to a growing concern about exposure to toxic chemicals, California voters approved an initiative in November 1986 called the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65 (Prop 65).
Scope
Proposition 65 requires the California Environmental Protection Agency (Cal/EPA) Office of Environmental Health Hazard Assessment (OEHHA) to update and publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm at least once per year. All California businesses with 10 or more employees must comply with Prop 65 warning requirements and prohibition on discharges into drinking water sources.
California OSHA dedicates an entire subsection of the HazCom regulation to addressing Prop 65 requirements regarding hazardous chemicals, including Appendix G, which provides the terms and provision for the warnings.
There is currently no Federal OSHA standard equivalent to Prop 65. However, similar standards requiring worker protections through labeling include the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Federal OSHA requires information and training for workers on chemical hazards in its Hazard Communication Standard, like that of Prop 65. The EPA does set minimum standards to protect the quality of drinking water in the U.S. whether from above ground or underground sources through the Safe Drinking Water Act. When necessary, Federal OSHA will rely on the General Duty Clause for enforcement of any place of employment with recognized hazards that can cause or are likely to cause death or serious physical harm to their employees. Click the links below to view the applicable requirements.
Hazard communication (HazCom) - California
Hazard communication (HazCom) - Federal
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Safe Drinking Water Act - Federal
General Duty Clause: Section 5(a)(1) of the OSH Act
Citations
California: Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, Article 109, 5194. Hazard Communication
California: Title 3, Division 6, Chapter 3, Subchapter 3, Article 1, 6700. Pesticide Worker Safety California: The Proposition 65 List
Federal: Labeling Requirements for Pesticides and Devices
A summary of the requirements includes the following: