Proposition 65 Warning for Wood Dust
On December 18, 2009, wood dust was added to the list of Proposition 65 substances known to
cause cancer and, therefore, require businesses that generate, transport, use or sell wood dust
to post a warning. This past year, various industries attempted to define wood dust because it is
not defined under Proposition 65. The issue is further complicated because the state has not
defined “no significant risk” for wood dust. Therefore, a defendant in a Proposition 65 lawsuit
would have to prove that for any amount of wood dust generated there is no significant cancer
risk to humans.
Earlier this year, the American Wood Council asked the California Attorney General to provide
guidance on a Proposition 65 warning for wood dust. A copy of the Attorney General’s response
letter is attached. In the letter, the Attorney General provides the following warning language:
WARNING: Drilling, sawing, sanding or machining wood products generates
wood dust, a substance known to the State of California to cause cancer. Use a
respirator or other safeguards to avoid inhaling wood dust.
Due to the amount of wood drilling and wood cutting that takes place on hospital campuses
due to repairs, renovations and construction, CHA recommends that each hospital/health
system check with legal counsel on appropriate warning signage to notify the public regarding
wood dust.