California Register, 2022, Number 11. March 18, 2022
| Library | California Register |
| Published date | 18 March 2022 |
| Year | 2022 |
Time-
Dated
Material
GAVIN NEWSOM, GOVERNOR
OFFICE OF ADMINISTR ATIVE LAW
California Regulatory Notice Register
REGISTER 2022, NU MBER 11-Z PUBLISHED WEEK LY BY THE OFFICE OF ADMI NISTRATIVE LAW MARCH 18, 2022
PROPOSED ACTION ON REGULATIONS
TITLE 3. DEPARTMENT OF PESTICIDE REGULATION
Medical Supervision Program — Notice File Number Z2022–0308–03 .................................... 267
TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD
Judicial Council Employer–Employee Relations — Notice File Number Z2022–0307–01 ...................... 270
TITLE 10. DEPARTMENT OF INSURANCE
Workers’ Compensation Insurance Rating Rules Filing — Notice File Number Z2022–0308–01 ................ 295
TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION
Youth Parole Eligible Date — Notice File Number Z2022–0304–01 ....................................... 308
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND WILDLIFE
Consistency Determination Request No. 2089–2022–001–01, Shasta River, Siskiyou County .................... 311
DEPARTMENT OF FISH AND WILDLIFE
Consistency Determination Request for Cienega Springs Ecological Reserve Restoration Project,
Tracking Number 2080–2022–005–05, Ventura County ..................................................314
SUMMARY OF REGULATORY ACTIONS
Regulations led with Secretary of State .............................................................. 314
Sections Filed, October 1, 2021, to December 31, 2021 .................................................315
The California Regulatory Notice Registe r is a n ocial state publication of the Oce of Administrat ive Law c ontaining
notices of proposed regulator y actions by state regulator y agencies to adopt, amend or repeal reg ulations contained in the
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CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z
267
PROPOSED ACTION ON
REGULATIONS
Information contained in this document is
published as received from agencies and is
not edited by Thomson Reuters.
TITLE 3. DEPARTMENT OF
PESTICIDE R EGUL ATION
MEDICAL SUPERVISION PROGRAM
DPR REGULATION NUMBER 22–002
The Department of Pesticide Regulation (DPR) pro-
poses to amend Title 3, California Code of Regula-
tions (3 CCR) section 6728. The pest icide regulator y
program activities aected by the proposal are those
pertaini ng to pesticide worker safety. In summary, the
proposed action w ill clarify that the physician con-
tracted with an employer to act as a medical supervisor
must be registered w ith t he Oce of Environmental
Health Hazard Assessment (OEHHA). Additionally,
the proposed act ion will requi re that baseli ne red cell
and plasma cholinesterase determ inations, which are
veried every two years, be established after a period
of at least 30 days during which the employee has had
no exposure to an organophosphate or carbamate (OP/
CB) pesticide.
SUBMIT TAL OF COMM ENTS
Any interested person may present comments in
writing about the proposed act ion to t he agency con-
tact person named below. Written comments must
be re ceived no later than 5:00 p.m. on May 3, 2022.
Comments regarding this proposed action may also be
transmitted via e–mail to dpr22002@cdpr.ca.gov or
by facsimile at 916–324–1491.
A public hea ring is not scheduled. However, one
will be scheduled if a ny i nterested person submits a
written request to DPR no later than 15 days prior to
the close of the written comment period.1
EFFECT ON SMALL BUSINESS
DPR has determined that the proposed regulatory
action does not aect small businesses. The proposed
1 If you h ave special accommoda tion or language n eeds, please
include this in your request for a public hearing. TT Y/TDD
speech–to –speech users m ay dial 7–1–1 for the Californ ia Relay
Service.
action will clarify that physicians who contract with an
employer to act as a medical super visor must be reg-
istered with OEHHA, which is con sistent with Health
and Safety Code (HSC) section 105206. It will also
specify when employers must send their employees
for baseline red cell and plasma cholinesterase testing.
The proposed action should not impact employers or
pesticide applications as employers should be able to
send their employees for baseline red cell and plasma
cholinesterase testing dur ing low–spraying seasons.
INFORMATIVE DIGEST/POLICY
STATEMENT OVERVIEW
The Medical Supervision Program (“Program”) is
designed to protect employees who regularly mix,
load, or apply OP/CB pesticides with the signal word
“DANGER” or “WARNING” for the com mercial or
research production of an ag ricultural plant commod-
ity by monitoring their cholinesterase activity levels.
Under DPR’s existing regulations in 3 CCR section
6728, the Program requires employers of these em-
ployees to cont ract with a physician to act as a med-
ical supervisor. HSC section 105206 requires these
employers to contract with a physician registered as a
medical superv isor with OEHH A. Under 3 CCR sec-
tion 6728(b), physicians who are contracted as medical
supervisors must possess OEHH A’s Medical Supervi-
sion of Pesticide Workers — Guidelines for Physicians
(GFP), which recommends a 30–day exposure–free
period from OP/CB pesticides before establishi ng a
baseline red cell and plasma cholinesterase determi na-
tion. Additionally, 3 CCR section 6728(c)(1) requires
employers to send their employees to the medical su-
pervisor for baseline red cell and plasma cholinester-
ase determinations. The medical supervisor orders a
cholinesterase test to establish baseline red cell a nd
plasma cholinesterase deter minations. If a n employee
handles OP/CB pesticides with the signal word “DAN-
GER” or “WARNI NG” for more than six days i n a
30–day period, then follow–up cholinesterase tests
are ordered for monitoring at intervals specied by
the medical supervisor. The medical superv isor will
compare the follow–up tests to the baseline test to de-
termine if an employee has depressed cholinesterase
levels. If a depression does occur, then the medical su-
pervisor will recommend additional protective mea-
sures to the employer.
The proposed regulat ions would amend 3 CCR
section 6728(b) to clarif y that the physician contract-
ed as a medical supervisor must be registered with
OEHHA, as required by HSC section 105206. It would
also a mend 3 CCR section 6728(c)(1) to specify that
baseline values veri ed ever y two years shall be es-
tablished after a period of at least 30 days during
CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z
268
which the employee has had no exposure to OP/CB
pesticides.
The broad objective of the regulations is to pro-
tect employees who regularly m ix, load, or apply OP/
CB pesticides with t he signal word “DANGER” or
“WARNING” for the commercial or research produc-
tion of an agricultu ral plant commodity from over-
exposure. These proposed reg ulations will provide
a benet to and en hance worker safety by ensuring
accurate deter minations of an employee’s baseline
red cell and plasma cholinesterase levels. Accurate
baselines will enable registered medical super visors
to accu rately deter mine if employees have depressed
cholinesterase levels and provide the appropr iate rec-
ommendations to employers to protect their employ-
ees from overexposure (i.e., removal of the employee
from further exposure or workplace evaluation.)
During the process of developing these proposed
regulations, DPR conducted a sea rch of any similar
regulations on th is topic and has concluded that these
proposed regulations are neither inconsistent nor in-
compatible with existing state reg ulations. This pro-
posed action will only amend an existing program
to require medical supervisors to be registered with
OEHHA, consistent with HSC section 105206, and to
specify the required timing for employers to send their
employees for baseline red cell and plasma cholines-
terase testing.
IMPACT ON LOCAL AGENCIES OR
SCHOOL DI STRIC TS
DPR det ermined that the proposed regulatory ac-
tion does not impose a mandate on local agencies or
school districts. DPR also determined that there are no
costs to any local agency or school district requiring
reimbursement pursua nt to Government Code sect ion
17500 et seq. There are no other nondiscretionary costs
or savings imposed upon local agencies that are ex-
pected to result from the proposed regulatory action.
COSTS OR SAVINGS TO STATE AGENCIES
DPR determined that no savings or increased costs
to any state agency w ill result from the proposed reg-
ulatory action.
EFFECT ON FEDERAL
FUNDING TO THE STATE
DPR determ ined that no costs or savings in feder-
al f unding to the state will result from the proposed
action.
EFFECT ON HOUSING COSTS
DPR made an initial determination that the pro-
posed action will have no eect on housing costs.
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT DIRECTLY
AFFE CTI NG BUSIN ESSES
DPR made an initial determination that adoption of
this regulation will not have a signicant statewide ad-
verse economic i mpact directly aecting businesses,
including the abilit y of Californ ia businesses to com-
pete with businesses in other states.
COST IMPACTS ON REPRESENTATIVE
PRIVATE PERSONS OR BUSINESSES
DPR is not aware of any cost impacts that a repre-
sentative private person or business would necessarily
incur in reasonable compliance with the prop osed ac-
tion. These amendments will not have an economic
impact on est ablished businesses and medical prac-
tices, a s there is no cost for physicians to regist er as
medical supervisors with OEHHA. In addition, the
proposed action should not impact employer costs or
pesticide applications, as employers can send their
employees for baseline red cell and plasma cholines-
terase testing dur ing low–spraying seasons.
RESULTS OF THE ECONOMIC
I M PAC T A NALY SIS
Impact on the Creation, Eliminat ion, or Expansion
of Jobs/Businesses: DPR determined it is not likely the
proposed regulatory action will impact the creation or
elimination of jobs, the creation of new businesses or
the elimination of existing businesses, or the expan-
sion of businesses cur rently doing business with the
State of California. Employers covered by the Program
are already require d to send their employees who reg-
ularly handle OP/CB pest icides for baseline red cell
and plasma cholinesterase testing. This proposed ac-
tion will simply add language to an existing program
specifying the period when the baseline red cell and
plasma cholinesterase testing must be performed . The
proposed action should not impact employer costs or
pesticide applications, as employers can send their
employees for baseline te sting during low–spraying
seasons. Moreover, employers are already re quired to
contract with a medical supervisor under HSC section
105206. This amendment add s language clarifying
that physicians contracted as medical supervisors must
be registered with OEHHA. T his amendment will not
have an economic i mpact on est ablished businesses
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