California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Appendix D - Director of the Division of Occupational Safety and Health's Special Procedures for Supplementary Enforcement of State Plan Requirements Concerning Proposition 65, 8 Cal. Code Regs., Section 338, as Adopted on October 12, 2000

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section sets forth special procedures necessary to comply
				  with the terms of the approval by the United States Department of Labor of the
				  California Hazard Communication Standard, pertaining to the incorporation of the
				  occupational applications of the California Safe Drinking and Toxic Enforcement Act
				  (hereinafter Proposition 65), as set forth in 62 Federal Register 31159 (June 6,
				  1997). This approval specifically placed certain conditions on the enforcement of
				  Proposition 65 with regard to occupational exposures, including that it does not
				  apply to the conduct of manufacturers occurring outside the State of California. Any
				  person proceeding "in the public interest" pursuant to Health and Safety Code §
									25249.7(d)
				  (hereinafter "Supplemental Enforcer") or any district attorney or city attorney or
				  prosecutor pursuant to Health and Safety Code §
									25249.7(c)
				  (hereinafter "Public Prosecutor"), who alleges the existence of violations of
				  Proposition 65, with respect to occupational exposures as incorporated into the
				  California Hazard Communication Standard (hereinafter "Supplemental Enforcement
				  Matter"), shall comply with the requirements of this section. No Supplemental
				  Enforcement Matter shall proceed except in compliance with the requirements of this
				  section.
(b)
				  22 CCR §
										12903, setting forth specific requirements for the
				  content and manner of service of sixty-day notices under Proposition 65, in effect
				  on April 22, 1997, is adopted and incorporated by reference. In addition, any
				  sixty-day notice concerning a Supplemental Enforcement Matter shall include the
				  following statement:
"This notice alleges the violation of Proposition 65 with respect
				  to occupational exposures governed by the California State Plan for Occupational
				  Safety and Health. The State Plan incorporates the provisions of Proposition 65, as
				  approved by Federal OSHA on June 6, 1997. This approval specifically placed certain
				  conditions with regard to occupational exposures on Proposition 65, including that
				  it does not apply to the conduct of manufacturers occurring outside the State of
				  California. The approval also provides that an employer may use the means of
				  compliance in the general hazard communication requirements to comply with
				  Proposition 65. It also requires that supplemental enforcement is subject to the
				  supervision of the California Occupational Safety and Health Administration.
				  Accordingly, any settlement, civil complaint, or substantive court orders in this
				  matter must be submitted to the Attorney General."
(c) A Supplemental Enforcer or Public Prosecutor who commences a
				  Supplemental Enforcement Matter shall serve a file-endorsed copy of the complaint
				  upon the Attorney General within ten days after filing with the Court.
(d) A Supplemental Enforcer or Public Prosecutor shall serve upon
				  the Attorney General a copy of any motion, or opposition to a motion for summary
				  judgment or summary adjudication of issues, a demurrer, motion for preliminary or
				  injunctive relief, or other dispositive motion, and all memoranda of points and
				  authorities in support of or opposing such motions. These materials shall be served
				  upon the Attorney General on the same day which they are served on the opposing
				  party. A Supplemental Enforcer or Public Prosecutor shall serve upon the Attorney
				  General any decision or order of a court granting or denying summary adjudication, a
				  demurrer, preliminary or final injunctive relief, penalties, or damages relating to
				  a Supplemental Enforcement Matter within five working days after receipt.
(e) A Supplemental Enforcer or Public Prosecutor who agrees to a
				  settlement of a Supplemental Enforcement Matter shall serve the settlement upon the
				  Attorney General within two working days after the agreement is signed by the
				  parties. Where the settlement is submitted to a court for its approval, the
				  Supplemental Enforcer or Public Prosecutor shall notify the court in writing upon
				  presentation of the settlement of its submission to the Attorney General pursuant to
				  this regulation. The submission to the Attorney General shall contain the entire
				  agreement between the parties.
(f) When this section requires that any document or information be
				  provided to the Attorney General, service shall be in a manner prescribed by Code of
				  Civil Procedure §
									1010 et
				  seq. The envelope in which the document is transmitted shall state prominently
				  "Hazard Communication Standard/Proposition 65 Supplemental Enforcement Matter." The
				  Attorney General may then specify that further documents be served upon a particular
				  office and deputy.
(g) The special procedures set forth in subsections (a) through
				  (f) shall be followed for motions or other applications for judicial enforcement of
				  any existing or future settlement agreements pertaining to Proposition 65, with
				  reference to occupational exposures.
(h) Where, in the judgment of the Director and the Attorney
				  General, a Supplemental Enforcer or Public Prosecutor has not complied with the
				  provisions of this section, or the provisions of the OSHA approval decision of June
				  6, 1997, the Attorney General may seek to intervene in the action, or take such
				  actions within his authority as he deems appropriate to assure compliance.
Note: Authority cited: Sections
					 54,
					 55 and
					 6380, Labor Code;
					 and 62 Fed. Reg. 31159 (June 6, 1997). Reference: Sections
					 54,
					 55 and
					 6380, Labor Code;
					 and 62 Fed. Reg. 31159 (June 6, 1997).