CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 13
Proposition 65 Clear and Reasonable Warnings
Questions and Answers for Businesses Revised - August 2017
large freestanding art studio, a warning at the studio entrance naming the chemical and
the source (paint) may be appropriate.
Occupational Exposure Warnings
Q41: Are professional or industrial use-only products covered by this
regulation?
If a business has determined that the only exposures to a listed chemical that require a
warning will be occupational, then the business can follow the methods and content
described in Section 25606 (Occupational Exposure Warnings). The term “occupational
exposure” is defined in Section 25600.1(k) as an exposure to any employee at his or
her place of employment.
Q42: Section 25606(a) states that a warning is not required on products that meet
the requirements of the Hazard Communication Standard (HCS). If a product
contains a Proposition 65 chemical, but the quantity is not enough to trigger
classification as a carcinogen or reproductive toxicant under the HCS, does it still
require a Proposition 65 warning?
Proposition 65 imposes separate warning requirements from the HCS. Section 25606
provides that a business can comply with Proposition 65 by complying with state and
federal occupational training and warning requirements when a warning is required
under the federal or California HCS, or the California Pesticides and Worker Safety
requirements. In the event that there is an occupational exposure to a Proposition 65
listed chemical with no warning requirement for the chemical under these laws, a
Proposition 65 warning may still be required. Section 25606(b) provides businesses the
option to use safe harbor warning methods and content for an exposure to a Proposition
65 listed chemical in an occupational setting.
Q43: Can a business place the Proposition 65 warning on a Safety Data Sheet
(SDS)?
Safety Data Sheets (SDS) are outside the scope of this regulation, as OEHHA cannot
prescribe the content of forms under the authority of a federal or other state agency.
While SDS may be used to provide occupational exposure warnings, they are not a safe
harbor warning method for other exposure types such as consumer product or
environmental exposures covered by Article 6.