Common Misconceptions About Title 8 CCR Section 5194 and Prop 65 in California Wineries

Wineries in California face unique safety challenges—from crushing grapes amid silica dust to handling fermenting tanks laced with potential toxins. Yet, two regulations often trip up even seasoned EHS pros: Title 8 CCR Section 5194 on bloodborne pathogens and Proposition 65 (Prop 65) for chemical exposures. I've walked winery floors where managers dismissed these as "healthcare-only" rules or blanket warning mandates. Let's debunk the top misconceptions with straight facts from Cal/OSHA and OEHHA.

Misconception #1: Title 8 CCR Section 5194 Only Applies to Healthcare Facilities

This is the big one. Section 5194 mirrors OSHA's bloodborne pathogens standard but tailors it to California's diverse workplaces. It kicks in whenever employees face "reasonably anticipated" occupational exposure to blood or other potentially infectious materials (OPIM). In wineries, that's not rare.

• Cuts from broken glass during bottling lines.
• Lacerations on stainless steel crushers or presses.
• Blood from slips on wet harvest floors.

I've seen wineries skip exposure control plans because "we're not a hospital." Wrong. Cal/OSHA cites non-compliance routinely—fines start at $5,625 per violation. Compliance demands a written plan, annual training, HBV vaccinations, and PPE like gloves for cleanup crews. No exposure? Document it. But in high-turnover harvest seasons, that's a tough sell.

Misconception #2: Prop 65 Requires Warnings on Every Winery Product

Proposition 65 mandates warnings for significant exposures to 900+ listed chemicals causing cancer, birth defects, or reproductive harm. Wineries hear "California chemicals law" and panic-slap labels on every barrel. Not so.

It hinges on "safe harbor" levels—no warning needed if exposure stays below No Significant Risk Levels (NSRLs) or Maximum Allowable Dose Levels (MADLs). Wine naturally carries traces of arsenic, lead, or cadmium from soil or processing. But data from the Wine Institute shows most varietals fall under thresholds. Sulfites? Federally required anyway, but Prop 65 doesn't double-dip unless exceeding limits.

Where it bites: Cleaning solvents with benzene derivatives or oak alternatives emitting formaldehyde. One client assumed all winery effluent triggered Prop 65 for workers—false. Employee exposures fall under Title 8 hazard communication, not Prop 65's consumer focus. OEHHA's 2023 updates clarified this, yet violations persist from over-labeling, inviting lawsuits.

Misconception #3: These Regs Don't Overlap in Winery Operations

They do, especially during sanitation and injury response. Section 5194 requires safe handling of bloody rags as regulated waste—bag it red, label it biohazard. Prop 65 listed chemicals like ethylene oxide in some sterilants could demand dual warnings.

Short punch: Ignore the crossover, and you're doubling fines. I've audited facilities where post-injury cleanups skipped both protocols, leading to Cal/OSHA stop-work orders. Best practice? Integrate into your Job Hazard Analysis—train crews on blood spill kits that also note chemical hazards.

Misconception #4: Training and Documentation Are Optional 'Nice-to-Haves'

Section 5194 mandates annual training verifying understanding—signatures required. Prop 65? While not training-heavy, non-compliance invites bounty-hunter suits (75% of penalties to plaintiffs). Wineries often file plans away, un-updated since last vintage.

Real-world fix: Use digital tracking for verification logs. Reference Cal/OSHA's model exposure plan and OEHHA's Prop 65 list (updated yearly). Individual results vary by operation size—small craft wineries might dodge heavy exposures, but enterprises crushing 10,000 tons? Prioritize.

Actionable Steps for Winery Compliance

1. Conduct a site-specific exposure determination under 5194—list jobs like pump-over ops.
2. Audit products against OEHHA's safe harbor levels; test iffy batches via NSF-accredited labs.
3. Train interactively: Mock blood spills with corn syrup, review Prop 65 labels on-site.
4. Document everything—Cal/OSHA inspections love paper trails.

These regs protect your crew and bottom line. Dive into primary sources: Cal/OSHA Section 5194 and OEHHA Prop 65. Stay sharp, California wine country.