OEHHA Adds Nickel to Proposition 65 List

OEHHA Adds Nickel to Proposition 65 List

On October 26, 2018, the Office of Environmental Health Hazard Assessment (OEHHA) added soluble nickel compounds to the Proposition 65 list after the Developmental and Reproductive Toxicant Identification Committee (DARTIC) determined they may cause developmental and reproductive toxicity.  

Health Effects of Nickel Exposure

Classified according to systemic, immunologic, neurologic, reproductive, developmental, or carcinogenic effects, the most pervasive health consequence of nickel is an allergic reaction but the impacts of soluble nickel compounds are significantly elevated, as they can enhance respiratory toxicity when simultaneously exposed with other carcinogens.

The Impact of Proposition 65

Companies that sell products containing nickel substances on the Proposition 65 list are required to provide clear and reasonable warnings on all products that contain the banned substances above safe harbor levels. 

Once a chemical is listed, businesses have 12 months to comply with warning requirements. Companies will be required to provide warnings for soluble nickel compounds beginning on October 26, 2019.

Safe Harbor from the Regulatory Storm

The OEHHA developed a series of guidance levels known as “safe harbor” levels to determine if a warning is necessary or whether discharges of a chemical into drinking water sources are prohibited. Although OEHHA has several distinct listings for nickel they have not yet developed a safe harbor level for nickel (soluble compounds), or for chemicals listed as causing birth defects or other reproductive harm.

If there is no safe harbor level for a substance, businesses are required to provide a Proposition 65 warning unless they can demonstrate that the exposure will not pose a significant risk.

Assent’s supply chain data management platform is equipped with a wide range of standard features, each developed to help companies meet their compliance goals. The Proposition 65 Module includes additional functionality designed specifically to manage the regulation’s current and future requirements. Assent’s powerful Campaign Manager is one of the module’s key features that allows companies to efficiently manage their supply chain data collection processes, while full material disclosure (FMD) integration provides unprecedented insight into Proposition 65 compliance programs.

To learn more about how Assent can help you meet your regulatory requirements, email info@assentcompliance.com.