2007 California Health and Safety Code Chapter 3. Pesticide Poisoning

CA Codes (hsc:105200-105225)

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 (0).  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.




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 State Office
of Emergency Services 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 phone 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.