In 1986, California voters approved Proposition 65, the Safe Drinking Water and Toxic Enforcement Act. Prop 65 was codified as Health & Safety Code § 25249.5. It requires businesses employing 10 or more employees to post warnings before exposing anyone to chemicals known to cause cancer or reproductive toxicity. The signs must be placed conspicuously so as to warn individuals prior to their actually being exposed. The State's Office of Environmental Health Hazard Assessment has listed close to 800 chemicals as cancer-causing.
Recommendation: Although associations are not businesses, courts are quick to broadly define entities as businesses so as to protect the public. So, it's entirely possible that associations with 10 or more employees will be required to comply with this particular statute. Boards should consult their legal counsel on how best to handle this issue.
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