New year, new Galifornia wood dust warnings

j-\altnonNtR PnoPoslrlol 65. the \-,Safe Drinking Water & Toxic Enforcement Act of 1986, now requires wood products Producers to inform their downstream customers about the potential hazards of wood dust and regulators to advise that each customer should acknowledge that the warning has been received.

Wood dust warning materials must ultimately be Posted at any California retail location where a manufacturer's product maY be sold.

The first wood dust warning materials were sent out in late fall 2010 to California customers and regional distributors selling into the state. Because affixing labels to wood products presents unique challenges, the majority of manufacturers issue a warning letter and/or warning signage.

It should be noted that Proposition 65 does not require product warning labels. How manufacturers comply with Proposition 65 warning requirements may vary by manufacturer.

In 20 10, Western Wood Products Association established a Proposition 65 customer notification service for any manufacturer or distributor who wanted to take advan-

Warning

Ddling, sandng, sending oe machinirg wood products generetes wood dust, a sub€tance known lo the Slal6 of Callfomia to causs cencar. Avold Inhallng wood dusl or use a dust mask or other safeguards for personal protec*9o.

Clliform l"lesllr ald Ssfety Codo Sodion 252/t.9'0 tage of a consolidated warning to customers. The WWPA service follows the Office of AttorneY General of California warning guidelines.

WARNING SIGNS are required at retail locations in California where lumber and wood products are sold. To obtain signage, email Lumber Association of California & Nevada at lacn@lumberassociation.org.

Signage and warning materials were developed, in consultation with the Lumber Association of California & Nevada, in meetings held with regulatory and enforcement officials. The 2012 wood dust warnings, issued through the WWPA notlfication service, are part of the required customer warnings, which are sent in JanuarY of each year.

This "Right to Know" regulation applies to the average retail consumer and is not related to occupational setting requirements enforced by OSHA and other government agencies. Each year, wood product distributors and others that sell to California customers will be informed of their duty, under Prop 65, to inform their downstream customer about the potential hazards of wood dust.

The warning requirement applies to any business employing ten or more employees that manufactures' produces, sells, distributes, or otherwise transfers a wood product into the stream of commerce in California.

Companies receiving 2012 warning materials may be initially surprised by their issuance since they may have received previous warnings in 2}l0l20ll According to California Health & Safety Code Section 25249.6, as of December 18, 2010, no person in the course of doing business shall knowingly and intentionally expose an individual to wood dust without first providing a clear and reasonable warning.

Representatives of the California Attorney General's Office have indicated that, in their view, annual downstream customer warnings satisfy the continuous warning requirements of the statute when coupled with appropriate consumer signage at the retail level.