Pub. 7 2018-2019 Issue 1

20 San Diego Dealer Will Products Manufactured Before August 2018 Need to Use the NewWarnings? Products manufactured before August 30, 2018 will not need new warnings if they meet the requirements that were in effect at the time of their production. What Circumstances Will Require Warnings in Languages Other Than English? When a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English. Facilities that provide signage in non-English languages would also have to provide any required warnings in those languages, in addition to English. For Internet purchases, warnings can be provided by including a clearly marked hyperlink using the word WARNING on the product display page. Which Exposures, Products, and Places Have Specific TailoredWarnings? In addition to the warnings for chemical exposures from consumer prod- ucts, the new regulation provides specific warnings for exposures from: • Alcoholic beverages, food and non-alcoholic beverages, prescription drugs, dental care, wood dust, furniture products, diesel engines, vehicles, and recreational vessels • Enclosed parking facilities, amusement parks, petroleum products, service stations and vehicle repair facilities, and designated smoking areas What Are the Warning Responsibilities for Manufacturers and Retailers? The new system clarifies that manufacturers have the primary responsi- bility for providing Proposition 65 warnings. Manufacturers can choose whether to put warning labels on their products or to provide notices to their distributors, importers or retail outlets that a product may cause an exposure to a listed chemical that requires warning signs or other warning materials. Manufacturers can also enter written agreements with retailers to modify this allocation of responsibility as long as the consumer receives a clear and reasonable warning before her or she is exposed to a Proposition 65 chemical. Retailers must confirm that they received the notice and must use thewarning signs or other materials provided by themanufacturer. Are There Other Regulations to Assist Businesses with Warning Requirements? In addition to other forms of compliance assistance, OEHHA has regula- tions that set procedures for requesting advice from the agency including Interpretive Guidelines and Safe Use Determinations. There is also a procedure for requesting a Safe Use Determination. A Safe Use Determination is a written statement issued by OEHHA that interprets whether specific sets of exposures require warnings. For example, in recent years, OEHHA has issued several Safe Use Determinations related to exposures from diisononyl phthalate (DINP) in vinyl flooring and outdoor furniture products. Josh Gohlke in the SF Chronicle on May 5, 2018 says “It’s a paradox of life in a place whose supposed tolerance is belied by petty, pointless intrusions of the nanny state - where a person might negotiate clouds of guilt free marijuana smoke only to be scolded for needing a cup of coffee”. SOURCES: www.P65Warnings.ca.gov & https://oehha.ca.gov DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice. Employersmust consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by SamCelly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) andMS (1986) in Chemical Engineering, followed by a J.D. fromSouthwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com . Your comments/questions are always welcome. Please send them to sam@cellyservices.com. When a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English. Facilities that provide signage in non- English languages would also have to provide any required warnings in those languages, in addition to English. Continued from page 19