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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
The Occupational Safety and Health Administration (OSHA) is extending
until Nov. 26, 1996, the period for comments on California's state hazard
communication standard, which incorporates the Safe Drinking Water and Toxic
Enforcement Act, also known as Proposition 65.
OSHA received more than 45 requests for an extension of the comment
period. Assistant Secretary of Labor for Occupational Safety and Health Joseph
A. Dear said, "We understand that this is a very complex issue and there are
many interested parties wishing to file detailed comments. However, Congress
has directed that OSHA expedite its review and approval or rejection of the
California standard and provide a report by Jan. 1, 1997. Therefore we are
extending the comment period for a two-week period, rather than for the
requested 60 days."
A Federal Register notice announcing the extension until Nov. 26, 1996,
will be published in the near future.
The California standard goes beyond the federal hazard communication
standard both in content and enforcement.
Proposition 65, part of the California standard, requires businesses
with 10 or more employees to provide individuals with clear and reasonable
warning if the individual is exposed to a chemical known by the state to cause
cancer or reproductive toxicity. A product label or a sign can serve as the
warning in the workplace. California annually publishes a list of chemicals
known to cause cancer or reproductive toxicity.
In addition to enforcement through the California state plan system of
citations and proposed penalties, Proposition 65 also provides for supplemental
enforcement including civil lawsuits.
Where a state standard adopted in an OSHA-approved state health and
safety plan differs significantly from a comparable federal standard, the
Occupational Safety and Health Act requires it to be "at least as effective" as
the federal standard. In addition, if the standard applies to a product
distributed or used in interstate commerce, it must be required by compelling
local conditions and not pose any undue burden on interstate commerce.
OSHA is seeking comment on whether the California hazard communication
standard meets those requirements.
Written comments should be submitted in quadruplicate by Nov. 26, 1996,
to Docket T-032, Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Ave., N.W.,
Washington, D.C., 20210. Comments less than 10 pages long may be sent by
telefax to the Docket Office at (202) 219-5046 but must be followed by a mailed
submission in quadruplicate.
Archived News Release--Caution:
information may be out of date.
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