Bill Text: CA SB193 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazard evaluation system and information service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 830, Statutes of 2014. [SB193 Detail]

Download: California-2013-SB193-Introduced.html

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BILL NUMBER: SB 193	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning

                        FEBRUARY 7, 2013

   An act to amend Section 6276.12 of the Government Code, and to
amend Section 147.2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 193, as introduced, Monning. Hazard evaluation system and
information service.
   Existing law requires the Department of Industrial Relations, with
the State Department of Public Health, to establish a repository of
current data on toxic materials and harmful physical agents in use or
potentially in use in places of employment in the state. That law
requires the repository, among other things, to provide information
and collect and evaluate data relating to possible hazards to
employees resulting from exposure to toxic materials or harmful
physical agents. That law expressly does not require employers to
report any information not otherwise required by law.
   This bill would require, upon written request from the repository,
chemical manufacturers, suppliers, distributors, importers, and
their agents to provide to the repository the names and addresses of
their customers who have purchased specified chemicals or commercial
products containing those chemicals, and certain other information
related to those shipments. The bill would deem the names and
addresses of customers to be confidential. The bill would also
provide that the State Department of Public Health shall be entitled
to reimbursement of attorney's fees and costs incurred in seeking an
injunction to enforce this requirement.
   The California Public Records Act requires certain public records
to be made available for public inspection, and lists records that
are exempt from disclosure under the act.
   The bill would exempt from public disclosure under the act the
names and addresses of customers provided to the repository by
chemical manufacturers, suppliers, distributors, importers, and their
agents, that would be required pursuant to this act, as
confidential, but would provide that those names and addresses may be
disclosed to officers or employees of the state not affiliated with
the repository who are responsible for carrying out the provisions of
the Labor Code relating to safety in employment. The bill would also
state findings and declarations of the Legislature for limiting the
public's right of access to the names and addresses of those
customers.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6276.12 of the Government Code is amended to
read:
   6276.12.  Conservatee, confidentiality of the conservatee's
report, Section 1826, Probate Code.
   Conservatee, estate plan of, confidentiality of, Section 2586,
Probate Code.
   Conservatee with disability, confidentiality of report, Section
1827.5, Probate Code.
   Conservator, confidentiality of conservator's birthdate and driver'
s license number, Section 1834, Probate Code.
   Conservator, supplemental information, confidentiality of, Section
1821, Probate Code.
   Conservatorship, court review of, confidentiality of report,
Section 1851, Probate Code.
   Consumer fraud investigations, access to complaints and
investigations, Section 26509.
   Consumption or utilization of mineral materials, disclosure of,
Section 2207.1, Public Resources Code.
   Contractor, evaluations and contractor responses, confidentiality
of, Section 10370, Public Contract Code.
   Contractor, license applicants, evidence of financial solvency,
confidentiality of, Section 7067.5, Business and Professions Code.
   Controlled Substance Law violations, confidential information,
Section 818.7.
   Controlled substance offenders, confidentiality of registration
information, Section 11594, Health and Safety Code.
   Cooperative Marketing Association, confidential information
disclosed to conciliator, Section 54453, Food and Agricultural Code.
   Coroner, inquests, subpoena duces tecum, Section 27491.8.
   County aid and relief to indigents, confidentiality of
investigation, supervision, relief, and rehabilitation records,
Section 17006, Welfare and Institutions Code.
   County alcohol programs, confidential information and records,
Section 11812, Health and Safety Code.
   County Employees' Retirement, confidential statements and records,
Section 31532.
   County mental health system, confidentiality of client
information, Section 5610, Welfare and Institutions Code.
   County social services, investigation of applicant,
confidentiality, Section 18491, Welfare and Institutions Code.
   County social services rendered by volunteers, confidentiality of
records of recipients, Section 10810, Welfare and Institutions Code.
   County special commissions, disclosure of health care peer review
and quality assessment records not required, Section 14087.58,
Welfare and Institutions Code.
   County special commissions, disclosure of records relating to the
commission's rates of payment for publicly assisted medical care not
required, Section 14087.58, Welfare and Institutions Code.
   Court files, access to, restricted for 60 days, Section 1161.2,
Code of Civil Procedure.
   Court reporters, confidentiality of records and reporters, Section
68525.
   Court-appointed special advocates, confidentiality of information
acquired or reviewed, Section 105, Welfare and Institutions Code.
   Crane employers, previous business identities, confidentiality of,
Section 7383, Labor Code.
   Credit unions, confidentiality of investigation and examination
reports, Section 14257, Financial Code.
   Credit unions, confidentiality of employee criminal history
information, Section 14409.2, Financial Code.
   Criminal defendant, indigent, confidentiality of request for funds
for investigators and experts, Section 987.9, Penal Code.
   Criminal offender record information, access to, Sections 11076
and 13202, Penal Code.
   Crop reports, confidential, subdivision (e), Section 6254. 
   Customer list of chemical manufacturers, suppliers, distributors,
importers, and their agents, confidential, Section 147.2, Labor Code.

   Customer list of employment agency, trade secret, Section 16607,
Business and Professions Code.
   Customer list of telephone answering service, trade secret,
Section 16606, Business and Professions Code.
  SEC. 2.  Section 147.2 of the Labor Code is amended to read:
   147.2.   (a)    In accordance with Chapter 2
(commencing with Section 6350) of Part 1 of Division 5 of this code
and Section 105175 of the Health and Safety Code, the Department of
Industrial Relations  shall  , by interagency
agreement with the State Department of  Public  Health
 Services  ,  shall  establish a repository
of current data on toxic materials and harmful physical agents in
use or potentially in use in places of employment in the state.

    The
    (b)     The  repository shall fulfill
all of the following functions:
   (1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
   (2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers  , other than
chemical manufacturers, suppliers, distributors, importers, and their
agents,  to report any information not otherwise required by
law. 
   (3) Upon written request by the repository, chemical
manufacturers, suppliers, distributors, importers, and their agents
shall provide to the repository the names and addresses of their
customers who have purchased certain chemicals, as specified by the
repository, or commercial products containing those chemicals and
information related to those shipments, including the quantity and
dates of shipments, and the proportion of a specified chemical within
a mixture containing the specified chemical.  
   (A) The names and addresses of customers provided by chemical
manufacturers, suppliers, distributors, importers, and their agents
pursuant to this paragraph shall be considered confidential and
exempt from public disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), except that those names and addresses may
be disclosed to officers or employees of the state not affiliated
with the repository who are responsible for carrying out the purposes
of Division 5 (commencing with Section 6300).  
   (B) The State Department of Public Health shall be entitled to
reimbursement of attorney's fees and costs incurred in seeking an
injunction to enforce this paragraph.  
   (3) 
    (4)  Recommend to the Chief of the Division of
Occupational Safety and Health Administration that an occupational
safety and health standard be developed whenever it has been
determined that a substance in use or potentially in use in places of
employment is potentially toxic at the concentrations or under the
conditions used. 
   (4) 
    (5)  Notify the  Director  
Secretary  of Food and Agriculture of any information developed
by the repository that is relevant to carrying out his or her
responsibilities under Chapters 2 (commencing with Section 12751) and
3 (commencing with Section 14001) of Division 7 of the Food and
Agricultural Code. 
    The 
    (c)     The  Director of Industrial
Relations shall appoint an Advisory Committee to the repository. The
Advisory Committee shall consist of four representatives from labor,
four representatives from management, four active practitioners in
the occupational health field, and three persons knowledgeable in
biomedical statistics or information storage and retrieval systems.
The Advisory Committee shall meet on a regular basis at the request
of the director. The committee shall be consulted by, and shall
advise the director at each phase of the structuring and functioning
of the repository and alert system with regard to, the procedures,
methodology, validity, and practical utility of collecting,
evaluating, and disseminating information concerning hazardous
substances, consistent with the primary goals and objectives of the
repository. 
    Nothing 
    (d)     Nothing  in this section shall
be construed to limit the ability of the State Department of 
Public  Health  Services  to propose
occupational safety and health standards to the Occupational Safety
and Health Standards Board. 
    Policies 
    (e)     Policies  and procedures shall
be developed to assure, to the extent possible, that the repository
uses and does not duplicate the resources of the federal government
and other states. 
    On 
    (f)     O   n  or before
December 31 of each year, the Department of Industrial Relations
shall submit a report to the Legislature detailing the implementation
and operation of the repository including, but not limited to, the
amount and source of funds allocated and spent on repository
activities, the toxic materials and harmful physical agents
investigated during the past year and recommendations made concerning
them, actions taken to inform interested persons of the possible
hazards of exposure to toxic materials and harmful physical agents,
and any recommendations for legislative changes relating to the
functions of the repository.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6276.12 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
    In order to protect the names and addresses of customers who have
purchased chemicals from chemical manufacturers, suppliers,
distributors, importers, and their agents, it is necessary that lists
containing those names and addresses be exempt from disclosure under
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).