“Worker Health and Safety in the Cannabis Industry”

Amalia Neidhardt, MPH, CIH, CSP

Senior Safety Engineer

Cal/OSHA Research and Standards

March 27th, 2019

Highlights

• Cal/OSHA

• Cal/OSHA Consultation Services

• Cal/OSHA regulatory efforts • Labor Code 147.5

• Labor Code 147.6

• Cal/OSHA resources

Divisions and Boards related to the Cal/OSHA Program

• Division of Occupational Safety and Health (DOSH)

• Occupational Safety and Health Standards Board (Standards Board)

• Occupational Safety and Health Appeals Board (Appeals Board)

Cal/OSHA

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https://www.dir.ca.gov/dosh/

Cal/OSHA Consultation Services https://www.dir.ca.gov/dosh/consultation.html

How to File a Complaint

The Inspection Process https://www.dir.ca.gov/dosh/dosh_publications/osha_userguide.pdf

Common Compliance Problems in the Cannabis Industry

• Lack of or inadequate IIPP

• Limited means of access and egress

• Electrical hazards

• No sanitation facilities

• No Hazard Communication Program

• No emergency eye wash when using corrosive substances

• Storing incompatible chemicals together • Unguarded - moving parts of equipment • Workplace violence

CAL/OSHA REGULATORY EFFORTS

Labor Code 147.5

LABOR CODE - LAB DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 176]

( Division 1 enacted by Stats. 1937, Ch. 90. )

CHAPTER 6. Occupational Safety and Health Standards Board [140 - 147.6] ( Heading of Chapter 6 amended by Stats. 1973, Ch. 993. )

147.5. (a) By January 1, 2017, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of facilities issued a license pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code. (b) By July 1, 2017, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By July 1, 2017, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section. (Added by Stats. 2015, Ch. 689, Sec. 7. (AB 266) Effective January 1, 2016.) 10

Labor Code 147.6

LABOR CODE - LAB

DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 176]

CHAPTER 6. Occupational Safety and Health Standards Board [140 - 147.6]

147.6. (a) By March 1, 2018, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of licensees under Division 10 (commencing with Section 26000) of the Business and Professions Code, including but not limited to, whether specific requirements are needed to address exposure to second-hand marijuana smoke by employees at facilities where on-site consumption of marijuana is permitted under subdivision (d) of Section 26200 of the Business and Professions Code, and whether specific requirements are needed to address the potential risks of combustion, inhalation, armed robberies or repetitive strain injuries.

(b) By October 1, 2018, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By October 1, 2018, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section. (Added November 8, 2016, by initiative Proposition 64, Sec. 6.2.) 11

Cal/OSHA Cannabis Advisory Meetings

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https://www.dir.ca.gov/dosh/doshreg/Marijuana/

Cal/OSHA Cannabis Advisory Meetings continuation

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Cal/OSHA Advisory Committee Final Report https://www.dir.ca.gov/dosh/doshreg/Marijuana/Report-from-CalOSHA-Cannabis-Industry-09-07-18.pdf

Findings and recommendations on the need to develop industry-specific regulations: • Amend title 8 section 5148 to protect employees

from secondhand marijuana smoke. • Existing regulations currently address many of the

hazards identified in the industry such as the potential risks of combustion, inhalation of harmful substances other than secondhand marijuana smoke, armed robbery, and repetitive strain injuries.

• Post a cannabis industry health and safety webpage. • Cal/OSHA continues to participate in workshop and

outreach events to educate employers and workers.

CAL/OSHA RESOURCES

Cal/OSHA Cannabis Webpage

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https://www.dir.ca.gov/dosh/cannabis-industry-health-and-safety.html

How to Contact Cal/OSHA Consultation Services

Injury and Illness Prevention Program

Current List of Authorized OTI Education Centers & Trainers

https://www.osha.gov/dte/edcenters/current_list.html

https://www.osha.gov/dte/ou treach/courses.html

Any Questions?

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