AgSafe Workshop A Witches Brew

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AgSafe Workshop A Witches Brew

• California Hazardous Materials Release Response
  Plans and Inventory
• Superfund Amendments and Reauthorization Act of
  1986 (SARA),
• Also know as Emergency Planning and Community
  Right-To-Know Act (EPCRA)
• Occupational Carcinogens Control Act of 1976
• Smoke-Free Work Environment
• Hazardous Materials Transportation
• Agricultural Hazardous Materials Transportation
  Exception
• Pesticide Worker Safety, Hazard Communication for
  Pesticides
• Proposition 65
• Hazard Communication Program
• Other Laws/Regulations

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CA Hazardous Materials Release Response Plans and
Inventory (Business Plan) - PS Consulting

• California Health and Safety Code Chapter 6.95
• - requires it
• California Office of Emergency Services (OES)
• - provides technical assistance and evaluation
• Certified Unified Program Agencies (CUPA)
• - local agencies that implement and enforce it

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• Purpose To provide information on the location,
  type, and health risks of hazardous materials for
  emergency response planning and the public.
• Inspection frequency every 3 years
• Fees one time registration fee, plus invoiced
  for time used for inspections
• Inventories - must be submitted annually on or
  before March 1

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• Hazardous Material - toxic, flammable, corrosive,
  reactive, explosive, oxidizers, or radioactive.
• This includes substances which
• Require a Material Safety Data Sheet (MSDS)
• (Labor Code 6360)
• are listed as a radioactive material (Title 10
  Code of Federal Regulations Appendix B)
• are a hazardous waste
• (Health and Safety Code Chapter 6.5.)

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• Plans and inventories are required for any
  business that handles a hazardous material in
  quantities
• Equal to or greater than 55 gallons, 500 pounds,
  or 200 cubic feet of compressed gas or
• Equal to or greater than the applicable federal
  threshold planning quantity (TPQ) for an
  extremely hazardous substance or
• Radioactive materials in certain quantities.

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• The plan includes
• Hazardous material inventory
• Emergency response plan and procedures
• Training program information
• The inventory includes
• Information on business activities and
  owner/operator identification
• Hazardous materials chemical descriptions
• Annotated site map

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• The emergency response plan and procedures
  includes
• Notification of emergency response personnel,
  persons within the facility who will respond to
  the incident, and the administering agency and
  the State Office of Emergency Services
• Identification of local emergency medical
  assistance
• Mitigation, prevention, or abatement of hazards
• Immediate notification and evacuation
• Identification of areas needing inspection or
  isolation

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California Hazardous Materials Release Response
Plans and Inventory (Business Plan)

• The training program information includes
• Methods for safe handling of hazardous materials
• Procedures for coordination with local emergency
  response organizations
• Use of emergency response equipment and supplies
• All emergency response procedures
• Provisions for initial and refresher training

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Superfund Amendments and Reauthorization Act of
1986 (SARA) - FELS

• aka Emergency Planning and Community
  Right-To-Know Act (EPCRA)
• 42 USC Chapter 116
• http//uscode.house.gov/usc.htm
• Provides for
• Emergency planning procedures
• Requires covered facilities to report chemicals
• Coverage
• Presence of threshold amounts of hazardous
  materials
• Threshold 500 lbs solids, 55 gallons liquid or
  200 cubic feet gas
• Some jurisdictions may specify lesser amounts

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Superfund Amendments and Reauthorization Act of
1986 (SARA)

• Coverage (Continued)
• Acutely Hazardous Materials
• See EPA list 40 CFR Part 355
• Manufacturing Facility with more than 10
  employees
• Manufacture or process into products 25,000 lbs.
  or or uses more than 10,000 lbs. of any
  chemical
• See 40 CFR Part 372

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Superfund Amendments and Reauthorization Act of
1986 (SARA)

• Requirements
• Must report releases or threatened releases that
  threaten health, environment or property
• Must submit business plan as required by local
  agency
• See http//ccr.oal.ca.gov/
• CCR Title 19, Div 2, Ch. 4, starting with 2620
  
• Plan includes
• Facility description and map
• Inventory
• Emergency procedures
• Reporting procedures
• Employee training
• Acutely hazardous materials (AHM)
• Submit AHM registration form to local agency

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Occupational Carcinogens Control Act of 1976
FELS

• Protects employees from carcinogens
• See CA Labor Code 9000 9061
• Cal/OSHA Regulations GISO 5203 Carcinogen
  Report of Use Requirements
• Penalties
• 500 each failure to report
• 2,000 each violation
• Serious violations up to 25,000

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Occupational Carcinogens Control Act of 1976

• Applies to specific materials regulated by Title
  8 1529, 1532, 1535, 8358, or Article 110
  5200-5220
• Asbestos has additional reporting requirements
  See Title 8, 1529, 5208, and 8358
• Report use to DOSH with 15 days
• Report emergencies to DOSH with 24 hours followed
  by written report with 15 days
• Post applicable report of use and emergency report

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Smoke-Free Work Environment PS Consulting

• California Labor Code 6404.5
• (AB 13) requires it
• Cal/OSHA and local law enforcement agencies,
  including but not limited to local health
  departments enforce it
• Employers may also enact more restrict smoking
  provisions if desired

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Smoke-Free Work Environment

• General Provision - No employer shall knowingly
  or intentionally permit, and no person shall
  engage in, the smoking of tobacco products in an
  enclosed space at a place of employment.
• Compliance
• Post No Smoking signs where it is prohibited
• Post Smoking is prohibited except in designated
  areas where applicable
• Request that non-employees dont smoke in
  prohibited areas

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Smoke-Free Work Environment

• Exemptions
• Small employers (five or less employees) - under
  certain conditions.
• Breakrooms - if designated for smoking and air
  from the room is exhausted directly outside by an
  exhaust fan and its in a non-work area where
  employees are not required to be present.
• Other exemptions

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Smoke-Free Work Environment

• Fines Cal/OSHA
• After 3rd violation within previous year, must
  investigate and may fine up to 7,000 if general
  or serious, or 70,000 if willful serious.
• Fines Local agencies
• 1st violation - 100
• 2nd violation - 200
• 3rd and subsequent violations - 500

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Hazardous Materials Transportation FELS

• Regulated by
• U.S. Department of Transportation Title 49, CFR
  Parts 171 180
• California Vehicle Code 27903
• Requirements
• Register with DOT Minimum fee 300
• Farmer exemption Transporting material in
  direct support
• Prepare Shipping papers
• Placard and mark vehicle
• Hazard warning label
• Incident reporting
• Employee training
• Driver has Commercial Driver License with Haz Mat
  endorsement

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Hazardous Materials Transportation

• License Requirements
• CDL - Class A or B License
• Hazardous Materials Endorsement
• California Agricultural Exemption
• VC 12804.2
• For a farmer
• Class C vehicle
• Driver attends a 2-hour class Every 4 years
• Class C license endorsement - 12 to register
• Carries information card
• Within 50 miles
• Submit medical information every 2 years

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Hazardous Materials Transportation

• Penalties
• Civil 250 - 27,500
• Criminal 250,000 (Individual) - 500,000 (Corp)

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Pesticide Safety, Hazard Communications PS
Consulting

• Title 3, 6000, Division 6, California Code of
  Regulations requires it
• Local Agricultural Commissioners Office
  enforces it
• Applies to pesticide handlers and to fieldworkers
  who may be exposed to pesticides

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Pesticide Worker Safety, Hazard Communication for
Pesticides

• Requirements
• Written training program that describes the types
  of information and materials that will be used
  for training, the content of the training, who
  will receive the training and how often, and who
  is responsible for the training.
• A record of the training must be completed and
  retained.
• Pesticide handlers must be trained annually, or
  more frequently to cover any new pesticides used.
• Field workers must be trained before entering a
  field treated within the past 30 days, and then
  every 5 years.
• Must keep and display at a central location the
  pesticide use records, MSDSs, and appropriate
  PSIS (A8 or A9).

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Proposition 65 PS Consulting

• The Safe Drinking Water and Toxic Enforcement Act
  of 1986
• Administered by Cal/EPA and the Office of
  Environmental Health Hazard Assessment
• Requires the Governor to publish, at least
  annually, a list of chemicals known to the state
  to cause cancer or reproductive toxicity

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Proposition 65

• Businesses cant knowingly and intentionally
  expose any individual to a chemical on the
  states list without first giving clear and
  reasonable warning to such individuals
  excluding employers of less than 10 employees,
  government agencies, and public water systems
• Compliance with Hazard Communication Standard
  also ensures compliance here

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Hazard Communications PS Consulting

• Hazard Communication Standard, Title 8,
  California Code of Regulations, 5194
• Federal Hazard Communication Standard
• 29 CFR 1910 1200
• Cal/OSHA enforces it
• One of the top 10 Cal/OSHA violations in
  California agriculture

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Hazard Communication Program

• Applies to all California employers regardless
  of size whose employees may be exposed to
  hazardous substances.
• Exemptions
• Employees who only handle hazardous substances in
  closed containers exempt from full standard
• Laboratories if certain requirements are met

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Hazard Communication Program

• Requirements
• Hazard Determination
• Material Safety Data Sheets (MSDS)
• Labels and Other Forms of Warnings
• Written Hazard Communication Program
• Employee Information and Training

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Hazard Communication Program

• Hazard Determination
• Manufacturers, importers, and distributors must
  assess physical and health hazards of substances
  they produce or repackage.
• Required to provide hazard information to
  employers by means of labels and MSDSs.
• Using MSDSs and other sources, employers can
  determine if employees will be exposed to
  hazardous substances and subject to this
  regulation.

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Hazard Communication Program

• Material Safety Data Sheets (MSDS)
• Must include specific health and physical
  information for each substance.
• Employees must be provided with most recent
  versions.
• Employees must have ready access to MSDSs.
• Employees must be trained to understand the
  information in the MSDSs for the hazardous
  substances to which they may be exposed.

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Hazard Communication Program

• Labels and Other Forms of Warnings
• Must be legible and clearly communicate the
  identify and hazards of chemicals
• Must be placed conspicuously on containers.
• Must use symbols or other languages if necessary
  for comprehension by employees
• Secondary containers must be labeled
• Above-ground pipes transporting hazardous
  substances must be identified
• Requires additional labeling for regulated
  carcinogens

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Hazard Communication Program

• Written Hazard Communication Program
• List of hazardous substances
• Procedures for labels and other warnings
• MSDSs and procedures for making them accessible
  to employees
• Employee information and training program
• Procedures for notification of contractors or
  other employers, as needed
• Plan for periodic evaluation of program
  effectiveness and for updating the plan, if
  needed

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Hazard Communication Program

• Employee Information and Training
• Must be provided at time of initial assignment,
  whenever a new hazard is introduced, and when
  employees may be exposed to other employers
  workplace hazards
• Training on new or revised MSDS information must
  be provided within 30 days of receiving that
  information
• Employees must have a chance to ask questions
  during the training
• Training must be in a language and at a level the
  employees will understand
• Periodic refresher training is not required but
  is encouraged

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Other Laws/Regulations - FELS

• Hazardous Waste Control
• Department of Toxic Substances Control
• http//www.dtsc.ca.gov
• Banned, Unregistered, or Outdated Agricultural
  Wastes
• California Health and Safety Code
• CHAPTER 6.5. HAZARDOUS WASTE CONTROL
• Hazardous Waste Operations and Emergency Response
• Federal OSHA Title 29 CFR Part 1910.120

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Software

• Tiger Jill www.tigerjill.com
• [phone]
• Agris www.extendag.com
• [phone]
• Ladybug Products www.ladybugproducts.com
• [phone]
• eWorld Ag www.eworldag.com
• ChemTrak On-line www.ocssoft.com
• Ag Chem Information Services www.cdms.net

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Thank you!

• Farm Employers Labor Service
• [phone]
• www.fels.org
• GDaniels_at_cfbf.com