California Health and Safety Code Section 25249.8

Health and Safety Code section 25249.8, subdivision (a), reads: "On or before March 1, 1987, the Governor shall cause to be published a list of those chemicals known to the state to cause cancer or reproductive toxicity within the meaning of this chapter, and he shall cause such list to be revised and republished in light of additional knowledge at least once per year thereafter. Such list shall include at a minimum those substances identified by reference in Labor Code Section 6382(b)(1) and those substances identified additionally by reference in Labor Code Section 6382(d)." (Italics added.) Section 25249.8, subdivision (b), defines the phrase "known to the state to cause cancer or reproductive toxicity within the meaning of this chapter" to include instances where: "(1) in the opinion of the state's qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity, or (2) if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity, or (3) if an agency of the state or federal government has formally required it to be labeled or identified as causing cancer or reproductive toxicity." ( 25249.8, subd. (b).) Section 25249.8, subdivision (b), essentially provides a means by which the Proposition 65 list may be supplemented beyond the minimum requirements of section 25249.8, subdivision (a). (AFL-CIO v. Deukmejian (1989) 212 Cal.App.3d 425 at pp. 439-440.) Health and Safety Code section 25249.8, subdivision (a), requires the listing of chemicals identified by reference in Labor Code section 6382, subdivisions (b)(1) or (d). "Labor Code section 6382 is part of the Hazardous Substances Information and Training Act (HSITA) (Lab. Code, 6360 et seq.) and sets forth criteria for the preparation and amendment of a list of 'hazardous substances' in the workplace (id., 6380), known as the 'HSITA list.' (Id., 6380.)" (California Chamber of Commerce v. Brown (2011) 196 Cal.App.4th 233 at p. 240.) Labor Code section 6382, subdivision (b), identifies the hazardous substances to be included on the Hazardous Substances Information and Training Act (HSITA) list. Subdivision (b)(1) refers to "substances listed as human or animal carcinogens by the IARC." Section 6382, subdivision (d) further provides that, "in addition to those substances on the director's list of hazardous substances, any substance within the scope of the federal Hazard Communication Standard (29 C.F.R. Sec. 1910.1200) is a hazardous substance subject to this chapter." The Hazard Communication Standard (HCS) "was created in 1983, pursuant to title 29 United States Code section 655," which "authorized the Department of Labor, through the Occupational Safety and Health Administration (OSHA), to promulgate 'a final occupational safety and health standard entitled "Hazard Communication" (29 CFR 1910.1200).' (48 Fed.Reg. 53280 (Nov. 25, 1983).)" (Brown, supra, 196 Cal.App.4th at p. 241.) As explained earlier, Health and Safety Code section 25249.8, subdivision (a), requires that the Proposition 65 list include, at a minimum, those substances identified by reference in Labor Code section 6382, subdivisions (b)(1) or (d). Labor Code section 6382, subdivision (d), identifies as a hazardous substance any substance within the scope of the HCS.