California's Proposition 65 Updates - What you need to know

Proposition No 65 - What is it?

Proposition 65 is inform of as “Safe Drinking Water and Toxic Enforcement Act of 1996” and in short as “Prop 65”. It was enacted in California in 1986 as a response to the fears of Californians on their water and daily lives, which are loaded with toxic chemicals.

The list of chemicals that were initially prepared as a set of 30 toxic compounds of environmental concern has increased with its latest update to over 900.

The website that provides information about this law states: Prop 65 aims at informing the people of California of potential significant exposure to chemical(s) that can cause cancer, foetal malformation and other reproductive disorders. These chemicals are available to Californians in form of products they use including those they buy from store or supermarkets, their workplaces or homes, or even in the environment. Proposition 65 enables Californians to take certain precautions to avoid exposure to these chemicals.”

The ubiquitous sign at commercial buildings that states "WARNING: One of the most conspicuous consequences of Prop 65 is the warning message “California chemicals known to cause cancer, birth defect or other reproductive harm could be present in these premises”.

Proposition 65: The New Rules

The new Office of Health Hazard Assessment Regulations were passed in August 2016 and were to take effect by the end of August 2018. The standards demand that warning messages be placed on any sign or label of the product, building or workplace if the location contains any of the more than 900 chemical substances regarded as carcinogens and toxic to human reproduction.

The labeling of consumer products and workplace products that contain these substances was simple (such as in the article mentioned earlier) and warned the user, building occupants, or visitors to the facility, that the chemicals present on the premises were known to cause birth defects, cancer, or other reproductive harm. The new warnings are more specific and say that the product can "expose you to" the specific Proposition 65 chemicals, rather than saying more broadly that the product contains a chemical (not specified), which is known to cause reproductive harm or cancer. The new warnings include:

• Name of at least one chemical listed that caused the warning.
• The Internet address for OEHHA's new Proposition 65 warnings website, p65warnings.ca.gov, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them.
• Yellow triangular warning symbol

Here is an example label that complies with the new requirements.

It is possible, in addition to updating the information on product labels and signage, that a building will need to update its signage in order to communicate in greater detail the potential for exposure to Proposition 65 chemical in the workplace, depending on which chemicals are present and the actual level of exposure.

There are exceptions to the Proposition 65 requirements for certain buildings and situations. (Please note that more information about these exceptions can be found on the CA attorney general Proposition 65 website).

• All Governmental Agencies and Water Utilities
• Businesses with nine employees or less
• Exposures that do not pose a significant cancer risk
• Exposures that will not produce a reproductive effect when multiplied by 1,000
• Exposure to chemicals naturally occurring in food
• Discharges which do not result in "significant amounts" of the chemical listed entering any source of water

Proposition 66 - What should I do?

Please check your MechMaxx website if you are a MechMaxx client to ensure you are aware of the following warnings: WARNING This product may expose you to chemicals such as engine exhaust (including Diesel engine exhaust if equipped), lead, lead compounds, mineral oils, soots, phthalates and carbon monoxide which have been known to California to cause cancer, birth defects, or other reproductive harm.

It's also important to know that many businesses, including MechMaxx, will be overly cautious and provide warnings for their products if they have any suspicion, however slight, that the use of the product may expose users to a chemical that could cause cancer, birth defect or reproductive harm.

Popular Science and Business Insider articles point out that the average Californian is exposed to many chemicals that could be Proposition 65. The dosage is also an important factor in determining whether or not toxic exposure will cause long-term damage. There has been a lot of publicity about the fact that acrylamide, an ingredient found in coffee, is on the Proposition 65 List. The OEHHA's website contains additional information on this topic. Coffee will no longer have to be labeled as containing Proposition 65 chemicals after much discussion. However, acrylamide is still on the list.

The FAQ page for Proposition 65 by the CA Attorney General states that "a Proposition 65 Warning informs a Consumer that they are being exposed to reproductive or carcinogens that exceed certain thresholds." It is not the regulatory decision of whether a product is "safe" or "unsafe". A consumer may seek out information from the company that manufactures the product, or that causes the exposure, to determine if they should accept, avoid or take steps to mitigate exposure risks. It is important to be informed and cautious when using any chemicals, regardless of whether they contain a Proposition65 ingredient.

MechMaxx continues to strive to inform its customers about the safe usage of its products and to comply with all laws and regulations pertaining to the industry.

Thank you so much for allowing MechMaxx the opportunity to serve you. We appreciate your trust and continued patronage.