Notice of Proposed Rulemaking Title 17, California Code of Regulations, Chapter 2, Pesticide Program, Sub-Chapter 2, California Medical Supervisors Program

Jan 26, 2018

NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to commence a rulemaking that would define certain terms and establish a procedure for the registration and deregistration of medical supervisors for the California Medical Supervision Program (CMSP). This program, mandated by Health and Safety Code section 105206, requires the monitoring of blood cholinesterase levels in workers who handle or apply certain types of pesticides. Employers of pesticide workers must contract with a physician (referred to in the statute and regulation as a “medical supervisor”) registered with OEHHA.

The proposed regulation implements new provisions of Section 105206 that became effective on January 1, 2017.

PUBLIC PROCEEDINGS

Any written comments concerning this proposed regulatory action, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on March 12, 2018, the designated close of the written comment period. All comments received will be posted on the OEHHA website at the close of the public comment period.

We encourage you to submit comments in electronic form, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form can be mailed, faxed, or delivered in person to the address below. Hard-copy comments may be mailed, faxed, or delivered in person to the address below.

Mailing Address: Ms. Monet Vela
Office of Environmental Health Hazard Assessment
P.O. Box 4010
Sacramento, California 95812-4010
Fax: (916) 323-2610
Street Address: 1001 I Street
Sacramento, California 95814

Please be aware that OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. Comments on all regulatory and other actions are routinely posted on our website. By sending us your comments you are waiving any right to privacy you may have in the information you provide. Individual commenters may request that OEHHA redact their home address or personal telephone numbers from comments prior to posting them. Names of commenters will not be redacted.

A public hearing on this proposed regulation will only be scheduled on request. To request a hearing, send an e-mail to Monet Vela at monet.vela@oehha.ca.gov or to the address listed above by no later than February 26, 2018, which is 15 days before the close of the comment period. If a hearing is scheduled, OEHHA will mail a notice of the hearing to the requester and interested parties on the OEHHA mailing list for regulatory public hearings. The notice will also be posted on the OEHHA web site at least ten days before the public hearing date. The notice will provide the date, time, and location of the hearing.

If a hearing is scheduled and you have special accommodation or language needs, please contact Monet Vela at (916) 323-2517 or monet.vela@oehha.ca.gov at least one week in advance of the hearing. TTY/TDD/Speech-to-Speech users may dial 7-1-1 for the California Relay Service.

CONTACT

Please direct inquiries concerning the proposed regulatory action described in this notice to Monet Vela, in writing at the address given above, or via e-mail to monet.vela@oehha.ca.gov or (916) 323-2517. Carl DeNigris will be a back-up contact. He can be contacted at carl.denigris@oehha.ca.gov or (916) 322-5624.

AUTHORITY

Health and Safety Code section 105206.

REFERENCE

Health and Safety Code sections 105206, 105205, and 105200

Labor Code section 6409

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Section 105206(f) of the California Health and Safety Code requires OEHHA to establish a procedure for registering and deregistering medical supervisors. By proposing this regulation, OEHHA will provide a clear process for medical supervisors and those employers contracting with them to comply with the relevant laws and regulations concerning this program. This regulation effectuates the purpose of Section 105206(f).

Anticipated Benefits of the Proposed Regulation

The health and welfare of California workers exposed to pesticides will benefit from the registration process proposed in this regulation. Employers are already responsible under existing law for providing medical supervision for their employees who regularly handle cholinesterase-inhibiting pesticides and for appropriately responding to any excessive exposure of their employees to those pesticides. This proposed regulation will provide the process by which medical supervisors can register or deregister with OEHHA, and facilitate OEHHA outreach and training for medical supervisors. This proposed regulation will also provide a process for OEHHA to maintain the website list of registered medical supervisors it developed and posted in January 2017, which will help employers to comply with the new requirements to only contract with registered medical supervisors and ultimately facilitate the protection of the health and safety of pesticide workers.

Form Incorporated by Reference

Medical Supervisor Registration Form (“registration”), October 30, 2017

NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS

After conducting a review for any regulations that would relate to or affect this area, OEHHA has concluded that these are the only regulations that concern public health Medical Supervisors Medical Program. OEHHA has determined that the proposed regulation is neither inconsistent nor incompatible with existing state regulations because it does not address compliance with any other law or regulation.

LOCAL MANDATE/FISCAL IMPACT

The proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code. OEHHA has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action.

COSTS OR SAVINGS TO STATE AGENCIES

OEHHA does not anticipate any savings or increased costs for state agencies as a result of the proposed regulatory action.

EFFECT ON FEDERAL FUNDING TO THE STATE

Because the CMSP does not apply to any federal agency, and no federal funding is involved in the implementation of CMSP, OEHHA has determined that no costs or savings in federal funding to the State will result from the proposed regulatory action.

EFFECT ON HOUSING COSTS

OEHHA has determined that the proposed regulatory action will have no effect on housing costs.

Results of Economic Impact Assessment (Govt. Code section 11346.3(b)

Impact on the Creation, Elimination, or Expansion of Jobs/Businesses in California

This regulatory action will not impact the creation or elimination of jobs or businesses within the State of California, nor will it impact the expansion of businesses within the State of California. The proposed regulation will simply provide an easy, efficient process for medical supervisors to register with OEHHA.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES INCLUDING ABILITY TO COMPETE AND EFFECT ON SMALL BUSINESS

Because the proposed regulation provides a simple procedure for registering and deregistering medical supervisors, thus implementing a statutory mandate, OEHHA does not anticipate that the regulation will have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. The proposed regulation has no impact on small business because these will affect fewer than 100 physicians in the State of California, and the only action required of them is to annually fill out a form which is available online and send it to OEHHA. The registration form is very brief and easy to complete. It should therefore have no economic impact on these individuals.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS

OEHHA is not aware of any cost impacts that a representative private person or business would necessarily occur in reasonable compliance with the proposed action.

CONSIDERATION OF ALTERNATIVES

Government Code section 11346.5(a)(13) requires that OEHHA must determine that no reasonable alternative considered by OEHHA or that has otherwise been identified and brought to the attention of OEHHA would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS

OEHHA has prepared and has available for public review an Initial Statement of Reasons for the regulation, which contains the text (express terms) of the regulation, and all the information upon which the regulation is based (rulemaking file). A copy of the Initial Statement of Reasons and the text of the regulation, as well as the complete rulemaking file, are available upon request from OEHHA at the address, e-mail address and telephone number indicated above. These documents are also posted on OEHHA’s Web site at www.oehha.ca.gov.

AVAILABILITY OF CHANGED OR MODIFIED TEXT

The full text of any regulation which is changed or modified from the express terms of this proposed action will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regulation. Notice of the comment period on changed regulations and the full text will be mailed to individuals who testified or submitted written comments at the public hearing, if held, or whose comments were received by OEHHA during the public comment period, and anyone who requests notification from OEHHA of the availability of such changes. Copies of the notice and the changed regulation will also be available on the OEHHA Web site at www.oehha.ca.gov.

AVAILABILITY OF FINAL STATEMENT OF REASONS

A copy of the Final Statement of Reasons may be obtained, when it becomes available, from OEHHA at the address, e-mail address and telephone number indicated above, and on the OEHHA website at www.oehha.ca.gov.

OFFICE OF ENVIRONMENTAL
HEALTH HAZARD ASSESSMENT

Allan Hirsch
Chief Deputy Director