Chapter 1. General Provisions And Definitions of California Labor Code >> Division 5. >> Part 10. >> Chapter 1.

This part shall be known and may be cited as the Occupational Carcinogens Control Act of 1976.

The purpose of this part is to clarify and strengthen the provisions of state law applicable to the use of carcinogens in California. It is the intent of the Legislature to provide for effective implementation of the provisions of this part.

The following definitions shall govern the construction of this part. Additionally, except where the context otherwise requires, the definitions contained in Part 1 (commencing with Section 6300) shall also be applicable to this part.

"Affected employee" means an employee who, as part of his or her employment, is involved in the use of a carcinogen, or an employee with respect to whom there is a substantial probability that he or she will become so involved as the result of his or her employer's use of a carcinogen.

"Carcinogen" means and includes the following recognized cancer-causing substances for which standards have been adopted pursuant to Chapter 3 (commencing with Section 9020):
  (a) Any of the following substances and any compound, mixture, or product containing these substances:
  (1) 2-acetylaminofluorene.
  (2) 4-aminodiphenyl.
  (3) Benzidine and its salts.
  (4) Bis(chloromethyl) ether.
  (5) 3,3´-dichlorobenzidine and its salts.
  (6) 4-dimethylaminoazobenzene.
  (7) Beta-naphthylamine.
  (8) 4-nitrodiphenyl.
  (9) N-nitrosodimethylamine.
  (10) Beta-propriolactone.
  (11) Methyl chloromethyl ether.
  (12) Alpha-naphthylamine.
  (13) 4,4´-methylene-(bis)2-chloroaniline.
  (14) Ethyleneimine.
  (b) Asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.
  (c) Vinyl chloride.
  (d) Any other substance for which standards are adopted and in effect due to cancer-causing properties and any compound, mixture, or product containing such a substance, except as specifically exempted from the standards.

"Division" means the Division of Occupational Safety and Health.

"Employer" means any of the following:
  (a) The state and every state agency.
  (b) Each county, city, district, and all public and quasi-public corporations and public agencies therein.
  (c) Every person, including any public service corporation, which has any natural person in service.
  (d) The legal representative of any deceased employer.

"Standards" means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1.

"Standards board" means the Occupational Safety and Health Standards Board.

"Use" means any use of a carcinogen by an employer, including, but not limited to, the following:
  (a) Manufacture of a carcinogen, industrial uses thereof, or formation of a carcinogen as a result of a chemical reaction.
  (b) Sale or other transfer of a carcinogen.
  (c) Storage or disposal of a carcinogen.
  (d) Utilization of a carcinogen for research.
  (e) Transport of a carcinogen. The State Department of Health Services and the division shall have concurrent jurisdiction with any federal agency to protect affected employees of interstate carriers, including rail carriers, while in this state, as provided in this part or as authorized by other provisions of state law.