Well, it’s looking like the OSHA Regulatory Agenda will be published early next week – most likely on Monday 12/20 (my guess). I don’t know why there was a delay in getting it out but I am sure that all of us in the field will be very interested in reading it. Sure do hope that at least some progress was made on the “real” / important items at least. Personally, I am most anxious to see if they have made any progress whatsoever on Diacetyl rulemaking. We shall see.
Ironically: Monday is the first day of Winter… so would this actually be the Winter Reg Agenda or still technically the Fall?
***
Prometrix Consulting, with a staff of former OSHA officials, offers expert consulting and training services to help clients ensure compliance with complex workplace safety and health requirements. These services include, in part:
Workplace Safety and Health Programs:
Prometrix experts can help you establish a workplace safety and health program that sets the foundation for OSHA compliance and worker protection. We can also review existing programs to ensure ongoing compliance with complex requirements.
Preparations for OSHA National Emphasis Programs (NEPs):
Our staff of former senior OSHA officials will conduct a thorough mock inspection consistent with NEP directives and Agency procedures to identify and address areas of vulnerability.
Action Planning for OSHA Citations:
Our staff will analyze your case, and if applicable, negotiate a settlement or help contest an unfair citation predicated on us also helping you implement corrective safety and health programs for continued compliance.
Contact us via http://prometrixinc.com/contact-us or info@prometrixinc.com regarding your OSHA compliance issues.
Follow us on Twitter: @Prometrix
Some helpful quick links:
OSHA Consulting, OSHA Consultants, OSHA Experts, Prometrix, Prometrix Consulting, OSHA Resources, OSHA Blog, Diacetyl, Diacetyl NEP, OSHA Diacetyl, DAPORS, DIACETYL SHIB, Cal/OSHA Diacetyl Rule.
I’m not quite sure why the Agency has overlooked this, so I sent them an email to let them know of the oversight regarding the Diacetyl NEP. As we all know, OSHA released its first NEP (Diacetyl in Microwave Popcorn) in 2007 and that program ran its course so to speak. Then in 2009, the Agency issued an expanded NEP (Food Flavorings Containing Diacetyl) and they have stated that they are looking at expading the program yet again to basically include “all” (I use that term loosely) food flavoring chemicals which may pose a hazard. According to the SHIB, this amounts to some 40-50 chemicals, including Furfural, Acethaldehyde, Acetic Acid, Acetoin, and many others.
Lets keep in mind: 1) OSHA published (albeit one with flaws) a new SHIB. Then, 2) Cal-OSHA published a new Diacetyl rule a few short weeks later. And now, 3) OSHA Regulatory Agenda is due to come out literally any day now.
But in the mean time, OSHA’s website makes it easy to find the old / expired NEP on Microwave Popcorn by having it posted on the list of active NEPs. By my count, there are the lucky #13 number of OSHA National Emphasis Programs currently underway. However, the NEP which covers the Food Flavorings Containing Diacetyl are nowhere to be found. I had to spend quite a bit of time searching, Googling, etc in order to find that NEP (it wasn’t all that easy to find, actually). It’s not even posted on its Health Topics Page. So why is the Agency seemingly going out of its way to hide the NEP? I don’t know. Could just be a simple oversight, though something tells me that it could have something to do with the upcoming Reg Agenda. I hope this isn’t some sort of omen for the Agency’s decision to either withdraw the diacetyl rule or delaying its proposal..!!!!
Hey OSHA…. can you please finally post the ALL of the NEPs on your website, please! Much appreciated!
***
Prometrix Consulting, with a staff of former OSHA officials, offers expert consulting and training services to help clients ensure compliance with complex workplace safety and health requirements. These services include, in part:
Workplace Safety and Health Programs:
Prometrix experts can help you establish a workplace safety and health program that sets the foundation for OSHA compliance and worker protection. We can also review existing programs to ensure ongoing compliance with complex requirements.
Preparations for OSHA National Emphasis Programs (NEPs):
Our staff of former senior OSHA officials will conduct a thorough mock inspection consistent with NEP directives and Agency procedures to identify and address areas of vulnerability.
Action Planning for OSHA Citations:
Our staff will analyze your case, and if applicable, negotiate a settlement or help contest an unfair citation predicated on us also helping you implement corrective safety and health programs for continued compliance.
Contact us via http://prometrixinc.com/contact-us or info@prometrixinc.com regarding your OSHA compliance issues.
Follow us on Twitter: @Prometrix
Some helpful quick links:
OSHA Consulting, OSHA Consultants, OSHA Experts, Prometrix, Prometrix Consulting, OSHA Resources, OSHA Blog, Diacetyl, Diacetyl NEP, OSHA Diacetyl, DAPORS, DIACETYL SHIB, Cal/OSHA Diacetyl Rule.
To be honest, I don’t know yet as I have only read the press release at this point. HOWEVER, I can definitely see where this might be going.
Well, looks like Cal/OSHA has published a new rule on Diacetyl which may explain why Fed OSHA recently issued their own SHIB as what seems to be a last minute effort. I don’t know if there is a PEL in there or not. I can only hope that there is one and that it’s not a cop-out level of 0 (zero) ppm. I’ll read the rule later and see if any ‘revelations’ come to mind that should be posted as an update. By the way, I’m not really following the issue too closely from the FDA perspective but I do know that they have (still are?) looking at Diacetyl. That’s where the consumer end of the exposures (or alledged exposures if you want to get legally technical, I suppose) will be addressed. And by the way, it’s not just popcorn where the FDA could theoretically take this… see article (or blog post) about presence of Diacetyl in “fake cigarettes” posing possible health risks for kids.
One thing that is bothering me a litte bit is that there seems to be more of a focus by the agencies (both Cal-OSHA and Fed OSHA) over “who’s the leader” and jabbing each other etc. That’s noted with the quote “At this time, not even Federal OSHA has a safety regulation for diacetyl, but we hope that this standard will serve as a model for them to follow.” in the press release. This brings, to my mind, the famous quote from President Ronald Reagan …. “There is no limit to what you accomplish if you don’t care who gets the credit.” I wish they would focus more on helping to identify and solve the dang problem instead of trying to play ‘one-upsmanship’. What that comment really necessary – or helpful? I don’t. As for it being a model for Fed OSHA to follow, I’ll have to read it first to see. Maybe it is, maybe it isn’t. I guess that would put me as ‘cautiously optimistic’.
I don’t want this next comment to be misconstrued because I really do, on a professional level, appreciate the fact that at least they’re trying to do something about the problem. But come on…!!! To let the Diacetyl SHIB out when you have to know that there are flaws or shortcomings in it (even more than I mentioned in a previous post but didn’t do so because I didn’t want to make it a laundry list…) just to ‘beat the other out of the gate’ is just plain silly-season. I’m genuinely concerned that the SHIB may cause confusion among affected manufacturing companies, particularly since it delves into substitutes and numerous other chemicals and not just Diacetyl. Let’s clearly define the problem so that the industry, safety and health professionals, affected workers, and other stakeholders can develop prudent strategies to mitigate the risks! Not elbow each other for “who’s first” jokeying position. Solve the problem, the rest shall follow.
What will be even more helpful in this whole debate is for OSHA and relevant State Plans to publish a report on what they have found in their two Diacetyl related NEPs (Microwave Popcorn issued 3 years ago and Food Flavorings Containing Diacetyl issued a little more than a year ago). Here’s a ‘shout-out’ to OSHA… the 1-year progress report for the NEP on Combustible Dust was PHENOMENAL. You created your own problem here (that’s a compliment) by producing a fantastic document — and stakeholders wanting more of them. I can only hope that you do continue in releasing such reports. What a great “tradition” to leave as a legacy so to speak for future Administrations to come! Seriously!
More posts on this topic will likely follow in the coming days and weeks. Mean time, in case you are interested in reading the press release, it is posted below for your reference.
*** Reposted Press Release ***
California Becomes First State to Set Safety Guidelines for Flavoring Chemical
OAKLAND, Calif., Dec. 2, 2010 /PRNewswire-USNewswire/ — Cal/OSHA continues to be a national leader in worker safety by implementing a new standard today to protect employees who work with diacetyl, a chemical commonly used to give food flavorings a buttery taste. Cal/OSHA, a division of the California Department of Industrial Relations (DIR), is the only state-OSHA plan to have such a standard.
“The diacetyl standard is the latest example of how Cal/OSHA is on the forefront of worker safety,” said DIR Director John C. Duncan. ”We have taken the lead on this issue from day one and have worked closely with national medical experts as well as the National Institute of Occupational Safety and Health to get to this point. We refuse to wait until more workers suffer serious lung ailments to take action. At this time, not even Federal OSHA has a safety regulation for diacetyl, but we hope that this standard will serve as a model for them to follow.”
The new standard, section 5197 of the California Code of Regulations, requires employers covered by the standard to create a regulated area for each process using diacetyl, unless the process is enclosed. Employers must also provide safeguards for employees who work with diacetyl at certain concentrations. These safety measures include creating a written diacetyl control program, periodic monitoring of exposure levels and providing personal protective equipment, respirators, training, and medical surveillance at no cost to employees. The standard goes into effect today.
“Diacetyl, a chemical that is harmless when it occurs naturally or as an ingredient in many of the foods we eat, can be dangerous in industrial settings where flavorings or foods are manufactured because it is used in much higher concentrations that allow it to get into the air that workers breathe,” said Cal/OSHA Chief Len Welsh. ”Cal/OSHA has issued citations in the past related to exposure to diacetyl, but this comprehensive standard will allow us to better target our enforcement efforts.”
Workers from two California flavoring companies that use diacetyl have been diagnosed with bronchiolitis obliterans — inflammation and scarring of the small airways that can result in permanent and life threatening narrowing of the airways. A number of employees nationwide who have been exposed to diacetyl have developed the serious respiratory illness which in some cases has resulted in patients being placed on lung transplant wait lists or dying. Symptoms include persistent dry cough, shortness of breath when using extra energy, and wheezing.
Cal/OSHA Consultation also works to protect employees from dangerous food-flavoring chemicals. Consultation initiated its Flavor Industry Safety and Health Evaluation Program (FISHEP) in 2006 to provide assistance to California food flavor manufacturing companies. Consultation staff conducted mandatory onsite evaluations and consultations with 28 California companies that use pure flavoring ingredients to manufacture food flavors.
***
Prometrix Consulting, with a staff of former OSHA officials, offers expert consulting and training services to help clients ensure compliance with complex workplace safety and health requirements. These services include, in part:
Workplace Safety and Health Programs:
Prometrix experts can help you establish a workplace safety and health program that sets the foundation for OSHA compliance and worker protection. We can also review existing programs to ensure ongoing compliance with complex requirements.
Preparations for OSHA National Emphasis Programs (NEPs):
Our staff of former senior OSHA officials will conduct a thorough mock inspection consistent with NEP directives and Agency procedures to identify and address areas of vulnerability.
Action Planning for OSHA Citations:
Our staff will analyze your case, and if applicable, negotiate a settlement or help contest an unfair citation predicated on us also helping you implement corrective safety and health programs for continued compliance.
Contact us via http://prometrixinc.com/contact-us or info@prometrixinc.com regarding your OSHA compliance issues.
Follow us on Twitter: @Prometrix
Some helpful quick links:
OSHA Consulting, OSHA Consultants, OSHA Experts, Prometrix, Prometrix Consulting, OSHA Resources, OSHA Blog, Diacetyl, Diacetyl NEP, OSHA Diacetyl, DAPORS, DIACETYL SHIB, Cal/OSHA Diacetyl Rule.
After taking a closer look at the SHIB, a few issues come to mind and are noted below. Hopefully, with the Diacetyl rulemaking effort, all stakeholders will soon be able to provide substantive comments help facilitate meaningful progress. Workers’ protection is at stake… it’s not like that’s important or anything. (yes, that is a bit of scarcasm at the end there).
- There is a distinct change in language in this new SHIB which seems to be going unnoticed by stakeholders in the food manufacturing and flavoring industry. Specifically, there is a new purpose for this SHIB which I have not seen in previous guidance documents. That is, ‘to: Help employers understand the steps they must <emphasis added> take to provide their workers a safe and healthful work environment free of recognized hazards.’ The unusual and confusing use of the term ‘must’ conflicts with the SHIB’s disclaimer whereby it states that this document creates no new legal requirements. As a result, this document may create confusion among employers, industry safety and health professionals, workers, and other stakeholders as to what is required, what is recommended, and what might be cited. By virtue of this SHIB, is OSHA mandating new requirements on employers? This is a serious issue which ought to be addressed, clarified, and/or corrected by OSHA. Historically, the purpose of OSHA SHIBs has been to create awareness among employers and stakeholders of emerging risks, assist employers in identifying and mitigating potential risks, and generally to provide useful information to employers in order to better protect their employees. It appears that this SHIB may be taking that approach into a new direction.
- Diacetyl has been identified as a ‘marker chemical’ suspected of contributing – solely or in combination with other chemicals – to a debilitating and irreversible lung disease commonly referred to as popcorn lung. As a result, the Agency seems to be taking the position that many or all of the viable substitutes for Diacetyl will require the same precautions. If this is the case, then OSHA and NIOSH need to provide clearer and more definitive direction because the industry is moving away from Diacetyl with substitutes which may not be any less problematic. In other words, the industry may be unwittingly jumping out of the pot and into the fire. The SHIB’s purpose uses the word ‘must’. The section in the SHIB which introduces OSHA’s recommendations states that certain practices are recommended for all flavorings including Diacetyl and its substitutes. The SHIB’s disclaimer states that this creates no new legal obligations. Which is it…. a must, strong recommendation, or simply information?
- Is this OSHA’s attempt at backdoor rulemaking? I guess the release of the anticipated Fall Unified Regulatory Agenda may shed some light in that regard.
- The industry has been awaiting definitive direction on the issue of Diacetyl and related substances. This SHIB seems to be confusing the issue, especially as it relates to substitutes. The industry wants to protect its workers. However, instituting expensive engineering controls and product reformulation without knowing whether they have reduced exposures low enough — or unwittingly substituted one problem for another — is unsettling.
***
Prometrix Consulting, with a staff of former OSHA officials, offers expert consulting and training services to help clients ensure compliance with complex workplace safety and health requirements. These services include, in part:
Workplace Safety and Health Programs:
Prometrix experts can help you establish a workplace safety and health program that sets the foundation for OSHA compliance and worker protection. We can also review existing programs to ensure ongoing compliance with complex requirements.
Preparations for OSHA National Emphasis Programs (NEPs):
Our staff of former senior OSHA officials will conduct a thorough mock inspection consistent with NEP directives and Agency procedures to identify and address areas of vulnerability.
Action Planning for OSHA Citations:
Our staff will analyze your case, and if applicable, negotiate a settlement or help contest an unfair citation predicated on us also helping you implement corrective safety and health programs for continued compliance.
Contact us via http://prometrixinc.com/contact-us or info@prometrixinc.com regarding your OSHA compliance issues.
Follow us on Twitter: @Prometrix
Some helpful quick links:
OSHA Consulting, OSHA Consultants, OSHA Experts, Prometrix, Prometrix Consulting, OSHA Resources, OSHA Blog, Diacetyl, Diacetyl NEP, OSHA Diacetyl, DAPORS, DIACETYL SHIB.