A description of the proposed changes are as follows:

1. TITLE 8:

CONSTRUCTION SAFETY ORDERS
Chapter 4, Subchapter 4, Article 4, Sections 1529, 1532, and 1535
GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 110, Sections 5200, 5201,
5202, 5203, 5207, 5208, 5208.1, 5209, 5210, 5211, 5212,
5213, 5214, 5215, 5217, 5218, 5219, and 5220
SHIP BUILDING, SHIP REPAIRING AND SHIP BREAKING
SAFETY ORDERS

Chapter 4, Subchapter 18, Article 4, Section 8358
Carcinogen Report of Use Requirements

INITIAL STATEMENT OF REASONS


INFORMATIVE DIGEST OF PROPOSED ACTION/PLAIN ENGLISH OVERVIEW

 

The purpose of the proposal is to standardize and consolidate all the report of use requirements for regulated carcinogens into a new section 5203. The consolidated report of use requirements are intended to improve the information being reported, reduce the administrative complexity and burden on those who must report, and more effectively meet the Labor Code obligations for employers to report the use of regulated carcinogens.

Currently, there are 21 different sections that have report of use requirements. New section 5203 is proposed to standardize and update the defined terms used for reporting, what uses require reporting, when a report of use must be filed, what information must be reported, where the report of use must be sent, what alternative reporting requirements are allowed for temporary worksites, how to report an emergency, and how the reported information must be posted.

For most of the regulated carcinogens, the new section’s requirements are mainly editorial and clarifying in nature and do not impose a significant change on the regulated public. For some regulated carcinogens like DBCP, Ethylene Dibromide and Ethylene Oxide, the new reporting requirements are slightly less restrictive in what uses are to be reported and/or what timeframe reports must be filed. For a few other regulated carcinogens like coke ovens, arsenic, and MBOCA, the new requirements are slightly more restrictive. Overall, the more and less restrictive changes in reporting balance each other out and do not impose a significant change. Clarifying, simplifying, and consolidating the reporting requirements is expected to reduce the administrative burden on the regulated public and improve the collection of carcinogen use information by the Division.

The proposal is at least as effective as the two federal OSHA standards that require reporting of carcinogen use. Title 29 CFR sections 1910.1003, Carcinogens and 1910.1017, Vinyl chloride are the only two counterpart federal standards that require a report of use. The proposed state requirements are as least as stringent as the report of use requirements for these two federal standards.