California Prop 65 Warning Requirements
California’s Proposition 65 (“Prop 65”) requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical, at anticipated exposure levels which pose a significant risk of cancer, birth defects, or other reproductive harm. Because petroleum products from industrial operations and facilities are known to cause cancer and birth defects or other reproductive harm, a warning sign must be posted.
Who Must Post the Prop 65 Petroleum Products Exposure Warning Sign?
Businesses whose industrial operations and facilities expose occupants to petroleum products must comply with the warning sign requirements of Proposition 65. Businesses with less than 10 employees are exempt from Prop 65’s warning requirements.
Required Prop 65 Petroleum Products Exposure Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating petroleum product exposure warnings. The Petroleum Products Exposure Warning Sign must contain the text specified in the regulation, 27 CCR § 25607.25.
The Prop 65 Petroleum Products Exposure Warning Sign:
- notifies exposed occupants that crude oil, gasoline, diesel fuel, and other petroleum products can expose them to chemicals including toluene and benzene, which are known to the State of California to cause cancer and birth defects or other reproductive harm
- advises occupants that these exposures can occur in and around oil fields, refineries, chemical plants, transport and storage operations, such as pipelines, marine terminals, tank trucks, and other facilities and equipment
- provides the Prop 65 website for additional information – P65Warnings.ca.gov/petroleum
Where are California Prop 65 Petroleum Products Exposure Warning Signs Posted?
A warning for environmental exposures from petroleum products meets the requirements if it is posted on a sign at each entrance to the industrial operation site or facility. Signs must meet specified size and format requirements.
The penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.