Prop 65 Amendments Now Effective Regarding Content of Notices of Violation Involving Occupational Exposures
On October 1, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment’s (OEHHA) regulations amending the content required in Proposition 65 (Prop 65) Notices of Violation involving occupational exposure became effective. The regulations (found at Title 27 of the California Code of Regulations, Section 25903(b)(2)(E)), first proposed on May 19, 2017, are intended to clarify that the “Special Compliance Procedure Proof of Compliance” form is intended only to be included in those Notices of Violation sent to alleged violators for the specific types of occupational exposures identified in Health and Safety Code Section 25249.7(k). Under current requirements, this form was part of the general Prop 65 summary (Appendix A) that is required to be appended to a Notice of Violation, which was creating some confusion and leading some notice recipients to attempt to use the special compliance form for circumstances that did not qualify for such use. By bifurcating the form from Appendix A and instead including the form in a new Appendix B, OEHHA hopes to “ensure that the special compliance form is only included with a Notice of Violation in the special instances where it is applicable.”