California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 5 - Hazardous Substances Information and Training › Section 338 - Special Procedures for Supplementary Enforcement of State Plan Requirements Concerning Proposition 65

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.
1. New
						section filed 10-12-2000; operative 10-12-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 41).
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).