Last November, OSHA requested permission from OMB to conduct an extensive survey of employers. The purpose of the survey is to learn about their safety and health practices that may become elements of the agency’s injury and illness prevention program(I2P2) rulemaking. This baseline survey is expected to yield almost 11,000 responses and will apparently seek feedback from private sector employers as well as State Plans (public sector). OSHA is not able to conduct such surveys without OMB prior approval. I presume that recipients are not REQUIRED to respond, but I do not know that for sure one way or the other. So, if your site is uncomfortable in providing proprietary information, you may want to get clarification before declining.
This effort is in support of the Agency’s rulemaking activities on the Safety & Health Program Rule (I2P2) – a top regulatory priority at the Agency as it would require all covered employers to implement a program to recognize and eliminate occupatioanl hazards. It’s my understanding that some 12-14 State Plan States already have some form of this rule in place now. It is certainly highly encouraged that all employers implement a safety and health program. This issue has been a controversial one over the years because of how it might be implemented as an actual standard – regulatory text/requirements as well as how it might be enforced.
Anyway, OSHA approval from OMB was recently received by the Agency and is presumably “in the works”. Employers and State Plan officials should expect to see the survey soon (if selected).
Mean time, the SBREFA Panel for I2P2 is scheduled to begin in June 2011. I don’t know -at this point- how the timing of the survey and the SBREFA Panel are being (or if) coordinated. The OMB letter suggests forms were included in the transmittal to/from the Department of Labor but are not provided in the docket. Since they are surveying employers and collecting as much “good” information as possible is their obvious aim, it would have been nice to provide the opportunity for any/all employers to submit comments via Federal Register Notice.
I commend OSHA for soliciting input from those who might be affected by the rule, if ultimately promulgated. Their intent is a good one. My only concern is how it will be received by those selected — as an opportunity to provide data, with enforcement skepticism, etc. I suppose that will ultimately be decided on how those surveys were constructed/structured. Time will tell.
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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, OSHA Compliance, OSHA Regulatory Affairs, I2P2.
On March 16th, the House Oversight Subcommittee on Regulatory Affairs held a hearing titled: “Regulatory Impediments to Job Creation: The Cost of Doing Business in the Construction Industry”. The hearing consisted of two panels. First: mostly engineering and construction business community and academia. Second: Federal officials from GSA, WH, and OSHA. For those interested in OSHA, the second panel will be of greater interest to you.
The Panel2 is a little more than an hour long. Much of the hearing covers two basic areas. One being PLA (Project Labor Agreements and how are they are being implemented as taxpayer funded projects) and the other generally covering OSHA. But if you want to get to the meat of the hearing from an OSHA perspective, I suggest forwarding and viewing these 2 key sections: 45:00 through about 57:00 and 1:03:00 through the end. It’s a bit of an eye opener considering that it conflicts with previous messages from the Secretary of Labor as well as the White House itself. Click here for the video: Panel 2: House Oversight Hearing
Specifically, Dr Micheals states unequivically that what is needed is more regulations. And that’s when the discussion took a series of interesting twists. OSHA stated that regulations are needed to clarify for employers what is needed to properly protect their workers. Meanwhile, the Committee was quick to point out that if “clarification” will do the trick, then why not just provide such ‘clarity’ (for example, guidance materials, etc) to educate employers/workers instead of issuing more regulations which are intended to be used for punitive measures. Afterall, PREVENTING injuries ought to be the goal — not punishing employers after the fact, should they occur.
That wasn’t the only place that OSHA ran off the message track so to speak. Near the very end of the hearing, there was some back-and-forth bantering when OSHA insinuated that employers don’t care for the welfare of their own employees. That was cynically received by the Committee as suggesting that a bureaucrat in Washington cares more about the employees at Company X than the owner and colleagues of that very same company. Obviously, this wasn’t a path OSHA wanted to go down because of the folly in even suggesting such thing. If that’s the argument path that OSHA will seek to continue with in the future, then I fear that their credibility will be irrevocably shot for it would suggest that they view workplace safety through a ‘political’ instead of ‘protection of workers’ lense. Obviously, that won’t be their intent… but the perception will still likely develop that way.
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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, OSHA Compliance, OSHA Regulatory Affairs.
The Department of Labor Secretary, Hilda Solis, will testify before the House Appropriations Subcommittee for Labor / HHS on Tuesday at 10am. The topic will be on the FY2012 Budget Request.
Department of Labor FY 2012 Budget Request
Subcommittee on Labor, Health and Human Service, Education and Related Agencies
10:00 AM, 2358-C Rayburn
- The Honorable Hilda Solis, Secretary of Labor
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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, OSHA Compliance.
The House Education and Workforce Committee recently held three hearings on ‘labor’ related topics. Below is a concise summary with embedded links.
Hearing: NLRB (National Labor Relations Board)
The House Ed & Workforce’s HELP Subcommittee recently held a hearing regarding the NLRB: “Emerging Trends at the National Labor Relations Board”. The purpose of this hearing was to provide a broad overview of the board’s history and authority, as well as discusses recent actions taken by the board that suggest a more activist approach to its interpretation of the law governing relations between employers and union representatives. The impetus of this hearing stems from Obama’s nomination and subsequent recess appointment of Craig Becker in Spring 2010 to the Board of the NLRB. Becker’s recess appointment (and re-nomination) is highly controversial and was strongly opposed by the business community (ie: Chamber, NAM, etc). With the change in Congress, the issue of Card Check has fallen off the legislative agenda. The expressed concerns over Becker’s membership to the Board centers on the question of whether or not this is a path for “board activism” on behalf of organized labor: back-door card check and other recent “rulings or requirements” which are greatly skewed in favor of unions (ie: banners/neutral employers, expanding jurisdiction, secret ballots, etc). In short, the business vs labor debate over card-check and other key related issues may likely shift from Congress to the NLRB. There will likely be continued oversight of the NLRB via hearings, FOIA, and other formal inquiries.
Hearing: OSHA
The House Ed & Workforce Subcommittee on Workplace Protections held a hearing: “Investigating OSHA’s Regulatory Agenda and its Impact on Job Creation”. The purpose of the hearing was to explore the impact of OSHA’s regulatory agenda and recent policies on job creation. The panel included industry stakeholders including stakeholders for business and victim advocates. The impetus of this hearing was the Administration’s re-interpretation of the Noise Exposure standard whereby employers would be required to abate noise hazards with engineering controls instead of relying on personal protective equipment. The hearing also sought to review the Agency’s rule on ergonomic injury reporting requirements. Both items received strong opposition from stakeholders and were formally withdrawn in order to solicit small business feedback on the rules. The centerpiece of the hearing was on reinforcing the importance of the Agency utilizing the SBREFA and other opportunities to collect such information in order to enhance the rulemaking process. The Administration had earlier released its budget for FY2012 which, coupled with the concurrent spending level debates over the CR for FY2011, instigated some debate over program funding priorities at OSHA. The (sub)committee for Ed & Workforce is expecting to conduct additional oversight (hearings, formal inquiries, and possibly FOIAs) in its efforts to ensure proposed regulations protect employees while also not impacting job creation.
Hearing: Department of Labor
The full House Ed & Workforce committee held a hearing with Secretary of Labor, Hilda Solis: “Policies and Priorities at the Department of Labor”. The purpose of the hearing was to explore recent Department policies and review its priorities which may or may not be hampering job creation. More specifically, the committee focused much attention on the President’s proposed budget for 2012; the administration’s rolling back disclosure requirements that allow workers to understand how their union dues are being spent; denying workers’ access to high-quality investment advice regarding their 401(k) plans; and adopting an approach to workplace safety that focuses on punishing employers rather than promoting prevention. The Department’s key messages were related to emphasizing their commitment to job training, worker safety and health protections, and protecting worker wages.
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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, OSHA Compliance.
The Department of Labor will unveil the Administration’s budget proposal for FY2012 on Monday. A webchat will be held at 1:30pm (Eastern). In the mean time, Congress is still working through FY11 Continuing Resolution issues for the remainder of this fiscal year - which ends September 30.
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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, OSHA Compliance.
The House Subcommittee on Workforce Protections has scheduled a hearing (http://dld.bz/KTcP) to Investigate OSHA’s Regulatory Agenda and its Impact on Job Creation for Tues, Feb 15. The primary focus of the hearing will be to explore how the Fall 2010 Regulatory Agenda and other recent agency policies adversely impact business sentiment and job creation.
It’s likely that the Subcommittee will cover such issues as the Safety & Health Program Rule / I2P2, Diacetyl / Food Flavorings, Noise Exposure re-interpretation, Cooperative Agreements, Combustible Dust, MSD / ergonomics, certain National Emphasis Programs, and others.
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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, OSHA Compliance.
OSHA seems to be everyone’s favorite punching bag and the recipient of criticism over virtually everything that it does. If it issues a rule that does not make any sense, then we’ll see the business community protest whatever that action is as being wasteful. If OSHA doesn’t move fast enough or works on ‘too few rules’ then the unions will balk. In some respects, the Agency can hardly ever win… or so it seems most of the time. But in this blog post, I wanted to focus on some of the things that I believe the Agency is doing well and ought to continue doing in the future. Afterall, there is universal agreement among ALL STAKEHOLDERS, whether labor-business-academia-regulators-or other, which is that we all want to ensure employees have the opportunity to earn their pay without getting injured or ill as a result of their hard work. Agreed.
So where the debate (and criticism) comes into effect is in “how” to accomplish worker protections…. enforcement (“shaming companies into compliance”) or compliance assistance (“helping employers protect their employees”) — or a mix of the two. Perhaps this is a little over simplistic, but it breaks it down to the basic blocks.
So, is OSHA doing the right things to accomplish its mission? Well, not to get right back into the spiral thread of thinking, lets just focus here on the good things that OSHA is doing.
First, OSHA has done a fantastic job in opening up communications between the Agency and stakeholder community. It started with the day long meeting last year that they called “OSHA Listens”. It was a potpouri of stakeholders taking their time slots to raise whatever issues were important to them. Issues ranged all over the map from how the Agency ought to be managed, ineffective or over-reaching policies, advocating or opposing rulemaking items, promoting a new rulemaking, and scores of other topics and issues. To my knowledge, this was the first time OSHA had ever done something like this. And it was great. Who knows how or if the Agency will take any of that information to heart, but at least stakeholders had the opportunity to express their concerns and ideas.
Second, the Agency instituted webchats for everything from answering questions on the bi-annual uniform regulatory agenda(s) to soliciting information on which chemicals ought to be considered for a PEL review. There were several other topics as well. These webchats are demonstrable examples of the Agency, if nothing else, attempting to better engage stakeholders to make sure that their views are heard. Hopefully, as more of these webchats occur, the agency will continue to get better in answering direct questions. But this is a great move in the right direction and look forward to the Agency conducting more webchats in the future.
Third, OSHA has conducted a number of face-to-face stakeholder meetings to discuss complex issues such as Combustible Dust, Safety and Health Program rule, and other important issues. The Agency made the extra effort to make sure that stakeholders from across the country were able to participate by holding some of these meetings out in the Regions…. Chicago, Atlanta, etc. This ensure(s) that more stakeholders have the opportunity to have their voices heard.
Fourth, the Agency has taken a fresh look at some of their newest policies or rulemaking efforts to see if they make sense considering today’s economic environment … and more importantly, acknowledge the business community’s success in reducing injuries, illnesses, and fatalities. According to the Bureau of Labor Statistics (BLS), the Nation is continuing to experience all-time low injury/illness and fatality rates. Knock on wood, but we are seeing new historic low rates each subsequent year. This is fantastic and a sign that employers have heard the message that “Safety Pays”.
Of course this is not an exhaustive list of things that the Agency is doing right, at least not in my opinion. There is still plenty of room for improvement. But with this post, I wanted to focus strictly on the positive.
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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, OSHA Compliance.
As I posted yesterday, OSHA has released a new (revived) National Emphasis Program on Microwave Popcorn. This new NEP expands the list of flavoring chemicals to be included in the inspection process – beyond just diacetyl. It’s not clear how they are taking what seems to be a leap of faith with the new studies and leveraging them into such a specific enforcement program.
There seems to be no empirical evidence mentioned in the new NEP which links substitutes with actual bronchiolitis obliterans in the absence of diacetyl. Further, OSHA also does not mention what the experimental exposure levels of these substitutes were for these recent animal studies. Typically, these levels are much higher than what might be found in a plant environment and, therefore, would be of limited use when setting safe thresholds for workers.
The basis for this new NEP seems to be elevated findings of shortness of breath and reported asthma-like symptoms that diminished once workers were removed from the exposure area. This seems inconsistent with the findings of irreversible obstructive lung disease associated with diacetyl that prompted the previous flavoring NEPs. In fact, this disconnect is further highlighted by OSHA’s apparent rush to enforcement on the heels of NIOSH’s recent RFI which seeks important information from stakeholders on the effects of substitutes on workers.
Perhaps if OSHA released the enforcement data from the first Microwave Popcorn NEP and the subsequent Food Flavoring NEP, stakeholders will better understand why the Agency is doing what it is doing. Without that data to shed more light on the issue, stakeholders will continue wondering if their efforts are actually protecting workers. When will OSHA publish these findings that contain necessary information for employers and employees to protect themselves?
Final thought: By focusing on the Microwave Popcorn industry for this NEP, is OSHA implying that these chemical substitutes are not a potential issue for the broader food flavoring industry? I doubt that was their intent but what signal are they trying to send?
Popcorn lung is a very serious issue. The only way to solve the problem, in my opinion, is to focus on sound science and making common sense recommendations for employers and employees to better protect themselves. Visit our other blog posts on Diacetyl and Popcorn Lung to learn more about how to become OSHA compliant.
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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.
This morning, OSHA issued a press release stating that it has revised the NEP on Diacetyl in Microwave Popcorn to include other flavorings and substitutes. This term (Diacetyl And Possibly Other Related Substitutes), DAPORS, was coined by ACOEM. This comes on the heels of OSHA releasing a new SHIB on Diacetyl and Subsititutes (DAPORS) last October and the announcement of the expanded rulemaking effort on Diacetyl and Food Flavorings. It was well known among insiders that a revised NEP, in some form, would likely be forthcoming. Well, this is it.
I am in the process now of reading through the OSHA NEP and press release in greater detail. The first thing that jumped out at me was this was specifically targeted for the Microwave Popcorn industry and not the food flavoring industry like the most recent NEP (which is still in effect, by the way).
WHY DIDN’T OSHA REVISE THE EXISTING NEP TO INCLUDE SUBSITITUTES INSTEAD OF THE EXPIRED MICROWAVE POPCORN NEP?
If Diacetyl and it’s substitutes are a hazard, and these substances are injuring workers in a multitude of industries as proclaimed in the SHIB and Rulemaking update in the Reg Agenda, and OSHA is serious about the problem … yes a lot of what-ifs … then why in the world would they take this narrow tact??? By (admittedly) first impression, this sends yet another mixed signal to the industry and stakeholder community that OSHA might be acting from the hip on this issue instead of taking a deliberate, practical, strategic approach.
In the mean time, see the press release pasted below or contact us directly for more information.
OSHA revises National Emphasis Program to focus on protecting workers from exposure to diacetyl and diacetyl substitutes
WASHINGTON – The Occupational Safety and Health Administration recently revised its National Emphasis Program (NEP) on Microwave Popcorn Processing Plants. The purpose of this revised NEP is to minimize or eliminate worker exposure to the hazards associated with microwave popcorn manufacturing.
Diacetyl is a chemical used to add flavor and aroma to food and other products. Some workers who breathe diacetyl on the job have become disabled or have died from severe lung disease. Some manufacturers of microwave popcorn are now using diacetyl substitutes such as 2,3-pentanedione, diacetyl trimer and acetoin among others. Recent studies have shown that 2,3-pentanedione has produced similar health effects as diacetyl, and therefore, may also cause harm to workers.
“It is alarming that workers continue to be at risk of dying from exposure to diacetyl and diacetyl substitutes,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Illnesses and death from these chemicals are preventable and this revised directive will help ensure that employers use necessary measures to protect workers from this hazard.”
OSHA’s efforts to minimize or eliminate workers’ exposure to microwave popcorn manufacturing hazards include inspection targeting, directions for controlling chemical hazards, and extensive compliance assistance. Inspections conducted under this NEP will target facilities where workers are manufacturing or processing microwave popcorn.
Currently, OSHA has permissible exposure limits (PEL) for some diacetyl substitutes, however most flavorings do not have PELs. Additionally, microwave popcorn manufacturing facilities are subject to other applicable OSHA mandatory standards including Respiratory Protection and Hazard Communication.
For more safety and health information on diacetyl and other food flavorings, visit OSHA’s Safety and Health Topics page on Lung Disease Related to Butter Flavorings Exposure. OSHA’s Safety and Health Information Bulletin and companion Worker Alert recommend engineering and work practice controls for regulating diacetyl and diacetyl substitute exposures in the workplace.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.
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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, Diacetyl Training.
Below are a number of quotes which were provided as part of an interview regarding the topic of OSHA Reguatory Agenda item: Food Flavorings / Diacetyl. The SHIB which was published by the agency a couple of months ago has a number of serious flaws. In the new OSHA Reg Agenda published on December 20, 2010, the agency announced that it will be expanding the diacetyl rulemaking to include many other food flavorings as well. Below are some quotes which were provided.
By the way, it doesn’t look like OSHA will do another SBREFA panel for this expanded rulemaking item. They most certainly should. The small business community that participated in the previous panel had a certain paradigm of thinking (ie: we can always substitute our ways out of the problem among other thoughts) which no longer applies.
OSHA Expansion of Diacetyl / Food Flavoring Rulemaking:
“When they came out with the SHIB about 6 weeks ago, it was basically signalling that they were going to expand the scope of diacetyl rulemaking. I fully support the rulemaking process, but those rules and guidance materials ought to be based on sound science and data which enables employers to properly and effectively protect their employees against these hazards.”
Regarding the OSHA SHIB on Diacetyl / Food Flavorings:
“This may be the first time OSHA has used the phraseology ‘what employers must do’. That is a highly unusual phrase to be used in the context of a SHIB’s purpose. My question is: which is it?”
“My concern is nobody knows what is causing the problem. Is it diacetyl, is it diacetyl with a combination of other chemicals? We just don’t know. I think it’s important that we don’t just haphazardly presume that all of these chemicals are hazardous when this may not be the case.”
“Furthermore, it’s important to ask what new science or enforcement findings are they using as the basis for this scope expansion?”
“I’m hopeful that the regulators will rely on sound science and data rather than presumptions as inferred in parts of the SHIB.”
“They’re expanding this rulemaking process and they haven’t released any public information on the NEP. That ought to be published so that people can see what they’re finding and start to put the picture together.”- similar to what they did for combustible dust.
“Is OSHA hinting that they are finding significant issues in its latest NEP which is providing the basis for the scope expansion? If so, I would hope that they will publish that information soon so that employers can begin implementing corrective actions without delay.”
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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, Diacetyl Training.