New Regulations Require Optometrists to Warn Patients About Hazardous Chemicals

Proposition 65 ("Prop 65") requires warnings prior to exposing individuals to chemicals known to the State of California to cause cancer or reproductive toxicity. Bisphenol A (BPA) was recently added to the Prop 65 list as a chemical known to cause reproductive toxicity. BPA may be found, for example, in polycarbonate lenses and spectacle frames. Beginning May 11, 2016, any business with 10 or more employees that carries eyewear containing BPA should ensure that it warns individuals that they will be exposed to a chemical known to the State of California to cause reproductive harm before exposing them to BPA. 
 
Eyewear may contain other Prop 65-listed chemicals, in addition to BPA, so many businesses may already be providing Prop 65 warnings to their patients, such as the following:
 
WARNING: These products contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
 
Businesses that provide such a consumer warning would not need to change their warning language because this warning already advises patients of the harm associated with BPA, which is reproductive harm. Businesses that do not already provide a Prop 65 warning to patients may use this warning to warn of BPA and other Prop-65 chemicals that may be found in eyewear. 
 
Businesses also need to warn their employees that they may be exposed to Prop 65 chemicals. An occupational warning would be used, for example, in areas where incoming eyewear is opened and handled by employees for stocking. An occupational warning, such as the following, could be used to warn of BPA and other Prop 65 chemicals that may be handled by employees in the workplace:
 
WARNING: This area contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
 
This occupational warning could also be used to advise individuals of environmental exposures to a listed chemical; for example, if a business grinds polycarbonate lenses in-office. 
 
Prop 65 warnings should be posted in a conspicuous place and under conditions that make it likely to be read and understood by employees, patients and other individuals prior to the exposure for which the warning is given.
 
For more information on Prop 65 requirements, visit California's Prop 65 website. It is very common for attorneys to target small businesses for non-compliance to generate more attorney fees. As such, COA recommends you discuss your individual situation with your legal counsel to ensure you are in compliance.