CALIFORNIA’S LEADERSHIP ROLE IN ESTABLISHING PEL s

1. CALIFORNIA’S LEADERSHIP ROLE IN ESTABLISHING PELs CIHC Annual Conference December 6, 2010 Westgate Hotel, San Diego, CA Howard B. Spielman, PE, CIH, CSP, REHS President HEALTH SCIENCE ASSOCIATES 10771 Noel Street Los Alamitos, CA 90720 Phone: 714-220-3922 www.healthscience.com hspielman@healthscience.com

2. HISTORY OF OELs Backdrop: Over 80,000 chemicals in U.S. Commerce

3. U.S. OEL SETTING ACTIVITY • OSHA PELs • NIOSH RELs • ACGIH TLVs • AIHA WEELs • EPA Limited activity • Individual States

4. U.S. OEL SETTING ACTIVITY

5. U.S. OEL SETTING ACTIVITY

6. U.S. OEL SETTING ACTIVITY

7. U.S. OEL SETTING ACTIVITY

8. U.S. OEL SETTING ACTIVITY

9. U.S. OEL SETTING ACTIVITY

10. U.S. OEL SETTING ACTIVITY

11. CALIFORNIA • Since the 1940s:

12. CALIFORNIA • Since the 1940s: • MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs

13. CALIFORNIA • Since the 1940s: • MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs • Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs.

14. CALIFORNIA • Since the 1940s: • MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs • Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs. • Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.

15. CALIFORNIA • Since the 1940s: • MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs • Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs. • Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits. • In early 2000s the nature & transparency of this process was questioned by the OSHSB.

16. CALIFORNIA • Since the 1940s: • MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs • Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs. • Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits. • In early 2000s the nature & transparency of this process was questioned by the OSHSB. • 2 legislative bills introduced which would have given the PEL setting process to OEHHA.

17. NEW ADVISORY COMMITTEE PROCESS

18. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee.

19. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee. • HEAC (Health Expert Advisory Committee)

20. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee. • HEAC (Health Expert Advisory Committee) IIA. SUBSTANCE SPECIFIC ADVISORY COMMITTEE

21. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee. • HEAC (Health Expert Advisory Committee) IIA. SUBSTANCE SPECIFIC ADVISORY COMMITTEE • FAC (Feasibility Advisory Committee)

22. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee. • HEAC (Health Expert Advisory Committee) IIA. SUBSTANCE SPECIFIC ADVISORY COMMITTEE • FAC (Feasibility Advisory Committee) DOSH commitment to transparency & active participation by interested parties.

23. NEW ADVISORY COMMITTEE PROCESS • Selection & prioritization of substances for review by DOSH utilizing an advisory committee. • HEAC (Health Expert Advisory Committee) IIA. SUBSTANCE SPECIFIC ADVISORY COMMITTEE • FAC (Feasibility Advisory Committee) DOSH commitment to transparency & active participation by interested parties. S E Q U E N C E HEAC FAC DOSH OCSHSB

24. HEAC ROLE

25. HEAC ROLE • Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants.

26. HEAC ROLE • Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants. • Use weight of evidence approach in evaluating the scientific literature.

27. HEAC ROLE • Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants. • Use weight of evidence approach in evaluating the scientific literature. • Recommend new or revised PELs, STELs, Cs, S notations and special footnotes.

28. HEAC MEMBERS • Objective: At least 2 members from each of the following disciplines. • TOXICOLOGY (Ph.D.) • EPIDEMIOLOGY (Ph.D.) • OCCUPATIONAL MEDICINE (M.D.) • INDUSTRIAL HYGIENE (C.I.H.) • Serve a minimum of 2 years.

29. HEAC MEMBERS • Objective: At least 2 members from each of the following disciplines. • TOXICOLOGY (Ph.D.) • EPIDEMIOLOGY (Ph.D.) • OCCUPATIONAL MEDICINE (M.D.) • INDUSTRIAL HYGIENE (C.I.H.) • Serve a minimum of 2 years. • Experts from state agencies, academic institutions, professional associations, & other interested groups.

30. HEAC MEMBERS • Objective: At least 2 members from each of the following disciplines. • TOXICOLOGY (Ph.D.) • EPIDEMIOLOGY (Ph.D.) • OCCUPATIONAL MEDICINE (M.D.) • INDUSTRIAL HYGIENE (C.I.H.) • Serve a minimum of 2 years. • Experts from state agencies, academic institutions, professional associations, & other interested groups. • Disclose fully the organization(s) they represent or affiliations which might be a source of bias.

31. HEAC SUPPORT

32. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support.

33. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support.

34. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input.

35. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document.

36. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document. Preference given to peer-reviewed articles published in recognized scientific journals.

37. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document. Preference given to peer-reviewed articles published in recognized scientific journals. Decision template & substance-by-substance minutes of committee deliberations.

38. FAC

39. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues.

40. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. • Opportunity for interested parties to comment in an informal process.

41. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. • Opportunity for interested parties to comment in an informal process. • Elements of feasibility.

42. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. • Opportunity for interested parties to comment in an informal process. • Elements of feasibility. • Technical issues associated with making measurements to identify compliance.

43. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. • Opportunity for interested parties to comment in an informal process. • Elements of feasibility. • Technical issues associated with making measurements to identify compliance. • Technical issues associated with means and measures of control of exposures for compliance.

44. FAC • Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. • Opportunity for interested parties to comment in an informal process. • Elements of feasibility. • Technical issues associated with making measurements to identify compliance. • Technical issues associated with means and measures of control of exposures for compliance. • Estimates of the costs associated with achieving and maintaining reliable compliance and the reasonableness of imposing such costs.

45. FAC MEMBERS

46. FAC MEMBERS • Representatives from affected industry and labor groups.

47. FAC MEMBERS • Representatives from affected industry and labor groups. • Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics.

48. FAC MEMBERS • Representatives from affected industry and labor groups. • Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics. • HEAC members who wish to participate.

49. LABOR CODE 144.6

50. LABOR CODE 144.6 In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.