Section 105200 Of Chapter 3. Pesticide Poisoning From California Health And Safety Code >> Division 103. >> Part 5. >> Chapter 3.
105200
. Any physician and surgeon who knows, or has reasonable
cause to believe, that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide shall
promptly report that fact to the local health officer by telephone
within 24 hours and by a copy of the report required pursuant to
subdivision (a) of Section 6409 of the Labor Code within seven days,
except that the information which is available to the physician and
surgeon is all that is required to be reported as long as reasonable
efforts are made to obtain the information.
Each local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received and shall report to the Director
of Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
each case reported to him or her pursuant to this section within
seven days after receipt of the report.
The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide poisoning
report. The office shall from time to time establish criteria for use
by the local health officers in determining whether the
circumstances of a pesticide poisoning warrants the immediate
notification of the office.
In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.
Any physician and surgeon who fails to comply with the reporting
requirements of this section or any regulations adopted pursuant to
this section shall be liable for a civil penalty of two hundred fifty
dollars ($250). For the purposes of this section, failure to report
a case of pesticide poisoning involving one or more employees in the
same incident shall constitute a single violation. The Division of
Occupational Safety and Health of the Department of Industrial
Relations shall enforce these provisions by issuance of a citation
and notice of civil penalty in a manner consistent with Section 6317
of the Labor Code. Any physician and surgeon who receives a citation
and notice of civil penalty may appeal to the Occupational Safety and
Health Appeals Board in a manner consistent with Section 6319 of the
Labor Code.
Each local health officer shall maintain the ability to receive
and investigate reports of pesticide poisoning at all times pursuant
to Section 12982 of the Food and Agricultural Code.