2009 California Health and Safety Code - Section 105175-105180 :: Article 1. Occupational Health And Disease Prevention Program

HEALTH AND SAFETY CODE
SECTION 105175-105180

105175.  (a) The department shall maintain a program on occupational
health and occupational disease prevention, including, but not
limited to, the following:
   (1) Investigations into the causes of morbidity and mortality from
work-induced diseases.
   (2) Development of recommendations for improved control of
work-induced diseases.
   (3) Maintenance of a thorough knowledge of the effects of
industrial chemicals and work practices on the health of California
workers.
   (4) Provision of technical assistance in matters of occupational
disease prevention and control to the Department of Industrial
Relations and other governmental and nongovernmental agencies,
organizations, and private individuals.
   (5) Collection and summarization of statistics describing the
causes and prevalence of work-induced diseases in California.
   (b) The functions provided for in subdivision (a) are intended to
implement within the department a continuing research and development
capability and a repository of hazardous substances capability which
will reinforce and strengthen the administration of the California
Occupational Safety and Health Act of 1973, Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code, including the
capability to recommend occupational health standards to the
California Occupational Safety and Health Standards Board. Whenever
the repository identifies data gaps for any chemical regulated by the
California Occupational Safety and Health Act of 1973, the
department shall notify the Division of Occupational Safety and
Health of the Department of Industrial Relations of its finding.
   (c) Upon the request of the department, and in furtherance of the
goals of the occupational disease prevention program, employers shall
provide to the department the results of monitoring data, both
exposure and medical, which has been collected pursuant to Cal-OSHA
standards and regulations.
   (d) The state department shall have access without delay to any
place of employment during regular working hours and at other
reasonable times to conduct investigations necessary to carry out the
purposes of this article and Article 2 (commencing with Section
105185), including, but not limited to, research, health hazard
evaluation, and epidemiological surveillance. In connection with the
investigation, the department may question privately any employer,
owner, operator, agent, or employee and review and copy records
collected pursuant to Cal-OSHA standards and regulations, and other
related records.
   (e) The repository maintained pursuant to this section and Section
147.2 of the Labor Code shall contain the report issued pursuant to
former Sections 13124 and 13125 of the Food and Agricultural Code.
Whenever a request for toxicity information is received concerning a
chemical discussed in that report, the department shall notify the
requestor of the nature and extent of any data gaps identified in the
report with respect to that chemical. Whenever the repository
receives a request about toxicity information on any other chemical,
in addition to providing available information about the known toxic
effects of exposure to the chemical, the repository shall also notify
the requester of a determination by any state agency or federal
agency that the chronic health effects testing data on the chemical
is inadequate or incomplete. State agencies that maintain information
on the toxic effects of chemicals shall provide the repository with
access to that information.

105180.  In any situation where these activities may duplicate or
overlap the activities of another state department or agency such as
the Department of Industrial Relations or Division of Industrial
Safety, the department shall avoid duplication.


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