105200. Any physician and surgeon who knows, or has reasonable
cause to believe, that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide shall
promptly report that fact to the local health officer by telephone
within 24 hours and by a copy of the report required pursuant to
subdivision (a) of Section 6409 of the Labor Code within seven days,
except that the information which is available to the physician and
surgeon is all that is required to be reported as long as reasonable
efforts are made to obtain the information.
Each local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received and shall report to the Director
of Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
each case reported to him or her pursuant to this section within
seven days after receipt of the report.
The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide poisoning
report. The office shall from time to time establish criteria for use
by the local health officers in determining whether the
circumstances of a pesticide poisoning warrants the immediate
notification of the office.
In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.
Any physician and surgeon who fails to comply with the reporting
requirements of this section or any regulations adopted pursuant to
this section shall be liable for a civil penalty of two hundred fifty
dollars ($250). For the purposes of this section, failure to report
a case of pesticide poisoning involving one or more employees in the
same incident shall constitute a single violation. The Division of
Occupational Safety and Health of the Department of Industrial
Relations shall enforce these provisions by issuance of a citation
and notice of civil penalty in a manner consistent with Section 6317
of the Labor Code. Any physician and surgeon who receives a citation
and notice of civil penalty may appeal to the Occupational Safety and
Health Appeals Board in a manner consistent with Section 6319 of the
Labor Code.
Each local health officer shall maintain the ability to receive
and investigate reports of pesticide poisoning at all times pursuant
to Section 12982 of the Food and Agricultural Code.
105205. The Office of Environmental Health Hazard Assessment shall
develop and implement, in cooperation with local health officers and
state and local medical associations, a program of medical education
to alert physicians and other health care professionals to the
symptoms, diagnosis, treatment, and reporting of pesticide poisoning.
105206. (a) A laboratory that performs cholinesterase testing on
human blood drawn in California for an employer to enable the
employer to satisfy his or her responsibilities for medical
supervision of his or her employees who regularly handle pesticides
pursuant to Section 6728 of Title 3 of the California Code of
Regulations or to respond to alleged exposure to cholinesterase
inhibitors or known exposure to cholinesterase inhibitors that
resulted in illness shall report the information specified in
subdivision (b) to the Department of Pesticide Regulation. Reports
shall be submitted to the Department of Pesticide Regulation on, at a
minimum, a monthly basis. For the purpose of meeting the
requirements in subdivision (d), the reports shall be submitted via
electronic media and formatted in a manner approved by the director.
The Department of Pesticide Regulation shall share information from
cholinesterase reports with the OEHHA and the State Department of
Public Health on an ongoing basis, in an electronic format, for the
purpose of meeting the requirements of subdivisions (e) and (f).
(b) The testing laboratory shall report all of the following
information in its possession in complying with subdivision (a):
(1) The test results in International Units per milliliter of
sample (IU/mL).
(2) The purpose of the test, including baseline or other periodic
testing, pursuant to the requirements of Section 6728 of Title 3 of
the California Code of Regulations, or evaluation of suspected
pesticide illness.
(3) The name of the person tested.
(4) The date of birth of the person tested.
(5) The name, address, and telephone number of the health care
provider or medical supervisor who ordered the analysis.
(6) The name, address, and telephone number of the analyzing
laboratory.
(7) The accession number of the specimen.
(8) The date that the sample was collected from the patient and
the date the result was reported.
(9) Contact information for the person tested and his or her
employer, if known and readily available.
(c) The medical supervisor ordering the test for a person pursuant
to subdivision (a) shall note in the test order the purpose of the
test, pursuant to paragraph (2) of subdivision (b), and ensure that
the person tested receives a copy of the cholinesterase test results
and any recommendations from the medical supervisor within 14 days of
the medical supervisor receiving the results.
(d) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the OEHHA,
the Department of Pesticide Regulation, and the State Department of
Public Health may share the information for the purpose of
surveillance, case management, investigation, environmental
remediation, or abatement with the appropriate county agricultural
commissioner and local health officer.
(e) The OEHHA shall review the cholinesterase test results and may
provide an appropriate medical or toxicological consultation to the
medical supervisor. In addition to the duties performed pursuant to
Section 105210, the OEHHA, in consultation with the Department of
Pesticide Regulation and the local health officer, may provide
medical and toxicological consultation, as appropriate, to the county
agricultural commissioner to address medical issues related to the
investigation of cholinesterase inhibitor-related illness.
(f) By December 31, 2015, the Department of Pesticide Regulation
and the OEHHA, in consultation with the State Department of Public
Health, shall prepare a report on the effectiveness of the medical
supervision program and the utility of laboratory-based reporting of
cholinesterase testing for illness surveillance and prevention. The
joint report may include recommendations to the Legislature that the
Department of Pesticide Regulation and the OEHHA deem necessary. The
Department of Pesticide Regulation and the OEHHA shall make the
report publicly available on their Internet Web sites.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
105210. After consultation with the county agricultural
commissioner or the Director of Agriculture, the local health officer
may, upon his determination that pesticide poisoning is serious and
that an outbreak in pesticide poisoning or any disease or condition
caused by pesticide poisoning has occurred in his county, request
assistance by the state department. Upon such request, the director
shall provide the local health officer with the necessary staff and
technical assistance to conduct an epidemiologic investigation of the
outbreak, and where appropriate, shall make recommendation to
control or prevent such poisoning outbreaks.
105215. (a) Any public employee, as defined in Section 811.4 of the
Government Code, whose responsibilities include matters relating to
health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where the plan has been approved by the California
Emergency Management Agency and is in operation. The operator of the
notification point shall immediately notify the local health officer
of the pesticide spill report.
(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
(c) The Office of Environmental Health Hazard Assessment shall
designate a telephone number or numbers for use by local health
officers in the immediate notification of the office of a pesticide
spill report. The office shall from time to time establish criteria
for use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
105220. The Director of Environmental Health Hazard Assessment
shall maintain a file of all the reporting forms received from local
health officers pursuant to Section 105215 at the repository of
current data on toxic materials established pursuant to Section 147.2
of the Labor Code. The file shall be open to the public and shall be
indexed at least to the extent of the following:
(a) The county of the accidental release.
(b) The type of pesticide involved.
105225. Each public employer of a public employee subject to
Section 105215 shall post in one or more prominent places frequented
by such employee a notice informing such employee of the
responsibility imposed by Section 105215.
105200. Any physician and surgeon who knows, or has reasonable
cause to believe, that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide shall
promptly report that fact to the local health officer by telephone
within 24 hours and by a copy of the report required pursuant to
subdivision (a) of Section 6409 of the Labor Code within seven days,
except that the information which is available to the physician and
surgeon is all that is required to be reported as long as reasonable
efforts are made to obtain the information.
Each local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received and shall report to the Director
of Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
each case reported to him or her pursuant to this section within
seven days after receipt of the report.
The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide poisoning
report. The office shall from time to time establish criteria for use
by the local health officers in determining whether the
circumstances of a pesticide poisoning warrants the immediate
notification of the office.
In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.
Any physician and surgeon who fails to comply with the reporting
requirements of this section or any regulations adopted pursuant to
this section shall be liable for a civil penalty of two hundred fifty
dollars ($250). For the purposes of this section, failure to report
a case of pesticide poisoning involving one or more employees in the
same incident shall constitute a single violation. The Division of
Occupational Safety and Health of the Department of Industrial
Relations shall enforce these provisions by issuance of a citation
and notice of civil penalty in a manner consistent with Section 6317
of the Labor Code. Any physician and surgeon who receives a citation
and notice of civil penalty may appeal to the Occupational Safety and
Health Appeals Board in a manner consistent with Section 6319 of the
Labor Code.
Each local health officer shall maintain the ability to receive
and investigate reports of pesticide poisoning at all times pursuant
to Section 12982 of the Food and Agricultural Code.
105205. The Office of Environmental Health Hazard Assessment shall
develop and implement, in cooperation with local health officers and
state and local medical associations, a program of medical education
to alert physicians and other health care professionals to the
symptoms, diagnosis, treatment, and reporting of pesticide poisoning.
105206. (a) A laboratory that performs cholinesterase testing on
human blood drawn in California for an employer to enable the
employer to satisfy his or her responsibilities for medical
supervision of his or her employees who regularly handle pesticides
pursuant to Section 6728 of Title 3 of the California Code of
Regulations or to respond to alleged exposure to cholinesterase
inhibitors or known exposure to cholinesterase inhibitors that
resulted in illness shall report the information specified in
subdivision (b) to the Department of Pesticide Regulation. Reports
shall be submitted to the Department of Pesticide Regulation on, at a
minimum, a monthly basis. For the purpose of meeting the
requirements in subdivision (d), the reports shall be submitted via
electronic media and formatted in a manner approved by the director.
The Department of Pesticide Regulation shall share information from
cholinesterase reports with the OEHHA and the State Department of
Public Health on an ongoing basis, in an electronic format, for the
purpose of meeting the requirements of subdivisions (e) and (f).
(b) The testing laboratory shall report all of the following
information in its possession in complying with subdivision (a):
(1) The test results in International Units per milliliter of
sample (IU/mL).
(2) The purpose of the test, including baseline or other periodic
testing, pursuant to the requirements of Section 6728 of Title 3 of
the California Code of Regulations, or evaluation of suspected
pesticide illness.
(3) The name of the person tested.
(4) The date of birth of the person tested.
(5) The name, address, and telephone number of the health care
provider or medical supervisor who ordered the analysis.
(6) The name, address, and telephone number of the analyzing
laboratory.
(7) The accession number of the specimen.
(8) The date that the sample was collected from the patient and
the date the result was reported.
(9) Contact information for the person tested and his or her
employer, if known and readily available.
(c) The medical supervisor ordering the test for a person pursuant
to subdivision (a) shall note in the test order the purpose of the
test, pursuant to paragraph (2) of subdivision (b), and ensure that
the person tested receives a copy of the cholinesterase test results
and any recommendations from the medical supervisor within 14 days of
the medical supervisor receiving the results.
(d) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the OEHHA,
the Department of Pesticide Regulation, and the State Department of
Public Health may share the information for the purpose of
surveillance, case management, investigation, environmental
remediation, or abatement with the appropriate county agricultural
commissioner and local health officer.
(e) The OEHHA shall review the cholinesterase test results and may
provide an appropriate medical or toxicological consultation to the
medical supervisor. In addition to the duties performed pursuant to
Section 105210, the OEHHA, in consultation with the Department of
Pesticide Regulation and the local health officer, may provide
medical and toxicological consultation, as appropriate, to the county
agricultural commissioner to address medical issues related to the
investigation of cholinesterase inhibitor-related illness.
(f) By December 31, 2015, the Department of Pesticide Regulation
and the OEHHA, in consultation with the State Department of Public
Health, shall prepare a report on the effectiveness of the medical
supervision program and the utility of laboratory-based reporting of
cholinesterase testing for illness surveillance and prevention. The
joint report may include recommendations to the Legislature that the
Department of Pesticide Regulation and the OEHHA deem necessary. The
Department of Pesticide Regulation and the OEHHA shall make the
report publicly available on their Internet Web sites.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
105210. After consultation with the county agricultural
commissioner or the Director of Agriculture, the local health officer
may, upon his determination that pesticide poisoning is serious and
that an outbreak in pesticide poisoning or any disease or condition
caused by pesticide poisoning has occurred in his county, request
assistance by the state department. Upon such request, the director
shall provide the local health officer with the necessary staff and
technical assistance to conduct an epidemiologic investigation of the
outbreak, and where appropriate, shall make recommendation to
control or prevent such poisoning outbreaks.
105215. (a) Any public employee, as defined in Section 811.4 of the
Government Code, whose responsibilities include matters relating to
health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where the plan has been approved by the California
Emergency Management Agency and is in operation. The operator of the
notification point shall immediately notify the local health officer
of the pesticide spill report.
(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
(c) The Office of Environmental Health Hazard Assessment shall
designate a telephone number or numbers for use by local health
officers in the immediate notification of the office of a pesticide
spill report. The office shall from time to time establish criteria
for use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
105220. The Director of Environmental Health Hazard Assessment
shall maintain a file of all the reporting forms received from local
health officers pursuant to Section 105215 at the repository of
current data on toxic materials established pursuant to Section 147.2
of the Labor Code. The file shall be open to the public and shall be
indexed at least to the extent of the following:
(a) The county of the accidental release.
(b) The type of pesticide involved.
105225. Each public employer of a public employee subject to
Section 105215 shall post in one or more prominent places frequented
by such employee a notice informing such employee of the
responsibility imposed by Section 105215.
105200. Any physician and surgeon who knows, or has reasonable
cause to believe, that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide shall
promptly report that fact to the local health officer by telephone
within 24 hours and by a copy of the report required pursuant to
subdivision (a) of Section 6409 of the Labor Code within seven days,
except that the information which is available to the physician and
surgeon is all that is required to be reported as long as reasonable
efforts are made to obtain the information.
Each local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received and shall report to the Director
of Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
each case reported to him or her pursuant to this section within
seven days after receipt of the report.
The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide poisoning
report. The office shall from time to time establish criteria for use
by the local health officers in determining whether the
circumstances of a pesticide poisoning warrants the immediate
notification of the office.
In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.
Any physician and surgeon who fails to comply with the reporting
requirements of this section or any regulations adopted pursuant to
this section shall be liable for a civil penalty of two hundred fifty
dollars ($250). For the purposes of this section, failure to report
a case of pesticide poisoning involving one or more employees in the
same incident shall constitute a single violation. The Division of
Occupational Safety and Health of the Department of Industrial
Relations shall enforce these provisions by issuance of a citation
and notice of civil penalty in a manner consistent with Section 6317
of the Labor Code. Any physician and surgeon who receives a citation
and notice of civil penalty may appeal to the Occupational Safety and
Health Appeals Board in a manner consistent with Section 6319 of the
Labor Code.
Each local health officer shall maintain the ability to receive
and investigate reports of pesticide poisoning at all times pursuant
to Section 12982 of the Food and Agricultural Code.
105205. The Office of Environmental Health Hazard Assessment shall
develop and implement, in cooperation with local health officers and
state and local medical associations, a program of medical education
to alert physicians and other health care professionals to the
symptoms, diagnosis, treatment, and reporting of pesticide poisoning.
105206. (a) A laboratory that performs cholinesterase testing on
human blood drawn in California for an employer to enable the
employer to satisfy his or her responsibilities for medical
supervision of his or her employees who regularly handle pesticides
pursuant to Section 6728 of Title 3 of the California Code of
Regulations or to respond to alleged exposure to cholinesterase
inhibitors or known exposure to cholinesterase inhibitors that
resulted in illness shall report the information specified in
subdivision (b) to the Department of Pesticide Regulation. Reports
shall be submitted to the Department of Pesticide Regulation on, at a
minimum, a monthly basis. For the purpose of meeting the
requirements in subdivision (d), the reports shall be submitted via
electronic media and formatted in a manner approved by the director.
The Department of Pesticide Regulation shall share information from
cholinesterase reports with the OEHHA and the State Department of
Public Health on an ongoing basis, in an electronic format, for the
purpose of meeting the requirements of subdivisions (e) and (f).
(b) The testing laboratory shall report all of the following
information in its possession in complying with subdivision (a):
(1) The test results in International Units per milliliter of
sample (IU/mL).
(2) The purpose of the test, including baseline or other periodic
testing, pursuant to the requirements of Section 6728 of Title 3 of
the California Code of Regulations, or evaluation of suspected
pesticide illness.
(3) The name of the person tested.
(4) The date of birth of the person tested.
(5) The name, address, and telephone number of the health care
provider or medical supervisor who ordered the analysis.
(6) The name, address, and telephone number of the analyzing
laboratory.
(7) The accession number of the specimen.
(8) The date that the sample was collected from the patient and
the date the result was reported.
(9) Contact information for the person tested and his or her
employer, if known and readily available.
(c) The medical supervisor ordering the test for a person pursuant
to subdivision (a) shall note in the test order the purpose of the
test, pursuant to paragraph (2) of subdivision (b), and ensure that
the person tested receives a copy of the cholinesterase test results
and any recommendations from the medical supervisor within 14 days of
the medical supervisor receiving the results.
(d) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the OEHHA,
the Department of Pesticide Regulation, and the State Department of
Public Health may share the information for the purpose of
surveillance, case management, investigation, environmental
remediation, or abatement with the appropriate county agricultural
commissioner and local health officer.
(e) The OEHHA shall review the cholinesterase test results and may
provide an appropriate medical or toxicological consultation to the
medical supervisor. In addition to the duties performed pursuant to
Section 105210, the OEHHA, in consultation with the Department of
Pesticide Regulation and the local health officer, may provide
medical and toxicological consultation, as appropriate, to the county
agricultural commissioner to address medical issues related to the
investigation of cholinesterase inhibitor-related illness.
(f) By December 31, 2015, the Department of Pesticide Regulation
and the OEHHA, in consultation with the State Department of Public
Health, shall prepare a report on the effectiveness of the medical
supervision program and the utility of laboratory-based reporting of
cholinesterase testing for illness surveillance and prevention. The
joint report may include recommendations to the Legislature that the
Department of Pesticide Regulation and the OEHHA deem necessary. The
Department of Pesticide Regulation and the OEHHA shall make the
report publicly available on their Internet Web sites.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
105210. After consultation with the county agricultural
commissioner or the Director of Agriculture, the local health officer
may, upon his determination that pesticide poisoning is serious and
that an outbreak in pesticide poisoning or any disease or condition
caused by pesticide poisoning has occurred in his county, request
assistance by the state department. Upon such request, the director
shall provide the local health officer with the necessary staff and
technical assistance to conduct an epidemiologic investigation of the
outbreak, and where appropriate, shall make recommendation to
control or prevent such poisoning outbreaks.
105215. (a) Any public employee, as defined in Section 811.4 of the
Government Code, whose responsibilities include matters relating to
health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where the plan has been approved by the California
Emergency Management Agency and is in operation. The operator of the
notification point shall immediately notify the local health officer
of the pesticide spill report.
(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
(c) The Office of Environmental Health Hazard Assessment shall
designate a telephone number or numbers for use by local health
officers in the immediate notification of the office of a pesticide
spill report. The office shall from time to time establish criteria
for use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
105220. The Director of Environmental Health Hazard Assessment
shall maintain a file of all the reporting forms received from local
health officers pursuant to Section 105215 at the repository of
current data on toxic materials established pursuant to Section 147.2
of the Labor Code. The file shall be open to the public and shall be
indexed at least to the extent of the following:
(a) The county of the accidental release.
(b) The type of pesticide involved.
105225. Each public employer of a public employee subject to
Section 105215 shall post in one or more prominent places frequented
by such employee a notice informing such employee of the
responsibility imposed by Section 105215.
