Cal. Code Regs. Tit. 3, § 6723 - Hazard Communication for Pesticide Handlers

(a) Before employees are allowed to handle pesticides, the employer shall display a copy of a completed Written Hazard Communication Information for Employees Handling Pesticides in Agricultural Settings (Pesticide Safety Information Series leaflet A-8) or Hazard Communication Information for Employees Handling Pesticides in Noncrop Settings (Pesticide Safety Information Series leaflet N-8), as applicable, at a central location at the workplace. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Safety Information Series leaflet A-8/N-8. Pesticide Safety Information Series Leaflet A-8/N-8 shall be written by the Department of Pesticide Regulation in English and Spanish. Pesticide Safety Information Series leaflets are available from the Department.

(b) The employer shall maintain, at a central location at the workplace accessible to employees who handle pesticides, the following:

(1) pesticide use records as specified in section 6624(b), (c) and (e) for pesticides that have been handled by his or her employees.

(2) copies of available Pesticide Safety Information Series leaflets which are applicable to the pesticides and handling activities listed in the pesticide use records referred to in subsection (b)(1).

(A) The A-8 must also be posted at all permanent decontamination facilities and decontamination facilities servicing 11 or more handlers.

(B) Any changes to the A-8 relating to the name, address, or telephone number of the facility providing emergency medical care must be updated within 24 hours of the change.

(3) a Safety Data Sheet (SDS), as specified by Title 8 California Code of Regulations, section 5194, for each pesticide listed in the pesticide use records referred to in subsection (b)(1). If the SDS is not provided by the registrant of a pesticide, the employer shall:

(A) within seven working days of a request for a SDS from an employee, employee representative or employee's physician, make written inquiry to the registrant of the pesticide, asking that a SDS be sent to the employer. If the employer has made written inquiry within the last 12 months as to whether the pesticide is subject to the requirement for a SDS or the employer has made a written inquiry within the last 6 months requesting new, revised or later information on the SDS, the employer need not make additional written inquiry. A copy of the written inquiry shall immediately be sent to the person requesting the SDS;

(B) notify the requester of the availability of the SDS or provide a copy of the SDS to the requester within 15 days of receipt of the SDS from the registrant; and

(C) if a response has not been received from the registrant within 25 working days of the date the inquiry was made, send the Department a copy of the inquiry with a notation that no response has been received. The employer is not precluded from obtaining and providing the SDS utilizing other more expedient methods in lieu of those provided in this subsection.

(c) The employer shall inform employees, before they are allowed to handle pesticides and at least annually thereafter, of the location and availability of the records and other documents listed in this section or relating to employee training, monitoring, and potential exposure. If the location of the records and other documents changes, an employer shall promptly inform his or her employees of the new location.

(d) The employer shall provide, upon request of his or her employee, employee representative, or employee's physician, access to any records or other documents required to be maintained pursuant to this chapter. Access shall be granted as soon as possible and not to exceed 48 hours from the date of the request. A request from an employee representative must contain the following in writing:

(1) The name of the employee being represented.

(2) A description of the specific information being requested. The description must include the dates of employment of the employee, the date or dates for which the records are requested, type of work conducted by the employee (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested.

(3) A written statement clearly designating the representative to request pesticide application and hazard information on the employee's behalf, bearing the employee's printed name and signature, the date of the designation, and the printed name and contact information for the employee representative.

(4) Directions on where the requested information should be sent (e.g., mailing address or email address).

INFORMATIONAL NOTE: Other requirements relating to hazard communication can be found in Sections 6602, 6618, 6619, 6724, 6726, 6738, 6744, 6764, 6766, 6770, and 6776.

Notes

Cal. Code Regs. Tit. 3, § 6723

1. New section filed 12-6-91; operative 1-1-92 (Register 92, No. 13).
2. Amendment of subsections (a), (b)(2), (b)(3), (c) and (d) and amendment of NOTE filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
3. Change without regulatory effect amending subsection (a) filed 11-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 45).
4. Change without regulatory effect amending section filed 12-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 49).
5. Amendment of subsection (a)(2), new subsections (a)(2)(A)-(B), amendment of subsection (d) and new subsections (d)(1)-(4) filed 10-17-2016; operative 1-2-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).

Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code; and 29 Code of Federal Regulations, Part 1910.1200.

1. New section filed 12-6-91; operative 1-1-92 (Register 92, No. 13).
2. Amendment of subsections (a), (b)(2), (b)(3), (c) and (d) and amendment of Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
3. Change without regulatory effect amending subsection (a) filed 11-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 45).
4. Change without regulatory effect amending section filed 12-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 49).
5. Amendment of subsection (a)(2), new subsections (a)(2)(A)-(B), amendment of subsection (d) and new subsections (d)(1)-(4) filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).