CALIFORNIA ADJUSTS ITS FORMAT FOR PROPOSITION 65 WARNINGS
December 14, 2018
California’s Proposition 65 has long required public warnings for applicable toxic substances, including a posted statement that “This Product Contains Chemicals Known to the State of California…” This year, that familiar statement is getting a make-over, and the changes affect the aviation industry directly among many others in California. In 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) updated its regulations that implement the chemical warning program, and these regulations became mandatory on August 30, 2018. Companies who already post the required signage on jetways (or any other applicable public area) should update their signage accordingly. These changes are particularly relevant to all carriers operating at LAX.
Safe-harbor compliant signs must now: (1) use at least 72-point type, (2) clearly identify one or more sources of exposure and state at least one chemical by name, (3) be in English and in any other language used on other signage in the affected area, (4) display the new standard warning symbol – a black exclamation point in a yellow equilateral triangle with a bold black outline – to the left of the word “WARNING:” in all capital letters and bold print, and (5) use precise wording depending on the number of chemicals involved and the categories of harm (cancer, reproductive) they relate to. As a practical matter, signs must be updated to include the exclamation point graphic, the name of at least one suspect chemical and where it comes from, and the relevant specific language in order to remain presumptively compliant with the law’s reasonable notice standard. Non-compliant signs create risk that a business may be sued under Proposition 65’s private attorney general provision.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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