California has added “welding fumes” to the list of chemicals known to the State of California to cause cancer under Proposition 65. California businesses with exposures to welding fumes must comply with the Proposition 65 warning requirements by July 17, 2027.
Proposition 65 Background
Proposition 65 requires that warnings be provided before persons are exposed to chemicals known to cause cancer or reproductive toxicity. It requires the State to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list is updated at least once annually, and currently includes about 900 chemicals along with a “safe harbor level” for chemicals. The Proposition 65 list of chemicals can be found here.
If exposure to a listed chemical above the safe harbor level arises, businesses with 10 or more employees must either reformulate to eliminate the offending chemical or, more commonly, provide a “clear and reasonable” warning before exposing anyone to the listed chemical.
Addition of Welding Fumes
Welding fumes were added to the Proposition 65 list on July 17, 2026. California businesses that weld should warn consumers and employees of the exposure. There is a one-year period for compliance with the listing, so impacted business have until July 17, 2027 to comply with the new warning requirements.
Proposition 65 Compliance
Hahn Loeser provides Proposition 65 compliance advice to its clients to help them avoid any alleged violations. Hahn Loeser also assists its clients in resolving alleged violations. If you are concerned that your business is or will become subject to Proposition 65, want to ensure that your existing procedures remains compliant with the new requirements, or if you receive a 60-Day Notice of Violation, we encourage you to contact us.
