Cal. Code Regs. Tit. 3, § 6761 - Hazard Communication for Fieldworkers

(a) Whenever employees are working as fieldworkers in a treated field, the employer shall display at the worksite and all permanent decontamination facilities and decontamination facilities servicing 11 or more fieldworkers, a copy of a completed written Hazard Communication Information for Employees Working in Fields (Pesticide Safety Information Series leaflet A-9). Any changes to the name, address, or telephone number of the facility providing emergency medical care must be updated on the Pesticide Information Series leaflet A-9 within 24 hours of the change. In the event that fieldworkers gather at a central location prior to transportation to the worksite, the Pesticide Safety Information Series leaflet A-9, required to be at the worksite, may instead be displayed at that central location. Pesticide Safety Information Series leaflet A-9 shall be written by the department in English and Spanish. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Safety Information Series leaflet A-9. Pesticide Safety Information Series leaflets are available from the Department.

(b) The operator of the property shall maintain in a central location at the workplace accessible to employees, including the employees of labor contractors, who enter a treated field, the following:

(1) pesticide use records specified in section 6624 (b), (c), (d), and (e) for pesticides that have been applied to the field within the last two years;

(2) a Safety Data Sheet (SDS), as specified in 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 operator of the property shall:

(A) within 7 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 operator of the property. If the operator of the property has made a written inquiry within the last 12 months as to whether the pesticide is subject to the requirement for a SDS or the operator of the property has made a written inquiry within the last 6 months requesting new, revised or later information on the SDS, the operator of the property 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 operator of the property is not precluded from obtaining and providing the SDS utilizing other more expedient methods in lieu of those provided in this subsection.

(c) The operator of the property shall inform his or her employees, before they are allowed to enter a treated field, of the location and availability of any records and other documents required by subsections (a) and (b). If the employees are employed by a labor contractor, the operator of the property shall inform the labor contractor of the location, or changed location, of the records and other documents. The labor contractor shall provide that information to his or her employees. If the location of the records and other documents changes, the operator of the property and the labor contractor shall promptly inform his or her employees of the new location. The employer, including the labor contractor, shall also inform their employees that they, their physicians and their representatives have a right of access to the information and that the employees are protected against discharge or other discrimination due to the exercise of their rights under this section.

(d) The operator of the property shall provide, upon request of his or her employee, an employee of a labor contractor, employee representative, or an employee's physician, access to any records, documents and information required to be maintained by 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 be in writing and contain the following:

(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, 6771 and 6776.

Notes

Cal. Code Regs. Tit. 3, § 6761

1. New section filed 12-6-91; operative 1-1-92 (Register 92, No. 13).
2. Amendment of section and 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 INFORMATIONAL NOTE filed 11-10-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 45).
4. Change without regulatory effect amending subsections (b)(1)-(b)(2)(C) and (d) filed 12-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 49).
5. Amendment of section heading and subsections (a), (b)(1) and (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 section and 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 Informational Note filed 11-10-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 45).
4. Change without regulatory effect amending subsections (b)(1)-(b)(2)(C) and (d) filed 12-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 49).
5. Amendment of section heading and subsections (a), (b)(1) and (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).