[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2693 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 400
110th CONGRESS
  1st Session
                                H. R. 2693


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2007

                    Received and read the first time

                           September 28, 2007

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To direct the Occupational Safety and Health Administration to issue a 
            standard regulating worker exposure to diacetyl.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Popcorn Workers Lung Disease 
Prevention Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An emergency exists concerning worker exposure to 
        diacetyl, a substance used in many flavorings, including 
        artificial butter flavorings.
            (2) There is compelling evidence that diacetyl presents a 
        grave danger and significant risk of life-threatening illness 
        to exposed employees. Workers exposed to diacetyl have 
        developed, among other conditions, a debilitating lung disease 
        known as bronchiolitis obliterans.
            (3) From 2000-2002 NIOSH identified cases of bronchiolitis 
        obliterans in workers employed in microwave popcorn plants, and 
        linked these illnesses to exposure to diacetyl used in butter 
        flavoring. In December 2003, NIOSH issued an alert ``Preventing 
        Lung Disease in Workers Who Use or Make Flavorings,'' 
        recommending that employers implement measures to minimize 
        worker exposure to diacetyl.
            (4) In August 2004 the Flavor and Extract Manufacturers 
        Association of the United States issued a report, ``Respiratory 
        Health and Safety in the Flavor Manufacturing Workplace,'' 
        warning about potential serious respiratory illness in workers 
        exposed to flavorings and recommending comprehensive control 
        measures for diacetyl and other ``high priority'' substances 
        used in flavoring manufacturing.
            (5) From 2004-2007 additional cases of bronchiolitis 
        obliterans were identified among workers in the flavoring 
        manufacturing industry by the California Department of Health 
        Services and Division of Occupational Safety and Health (Cal/
        OSHA), which through enforcement actions and an intervention 
        program called for the flavoring manufacturing industry in 
        California to reduce exposure to diacetyl.
            (6) In a report issued in April 2007, NIOSH reported that 
        flavor manufacturers and flavored-food producers are widely 
        distributed in the United States and that bronchiolitis 
        obliterans had been identified among microwave popcorn and 
        flavoring-manufacturing workers in a number of States.
            (7) Despite NIOSH's findings of the hazards of diacetyl and 
        recommendations that exposures be controlled, and a formal 
        petition by labor organizations and leading scientists for 
        issuance of an emergency temporary standard, the Occupational 
        Safety and Health Administration (OSHA) has not acted to 
        promulgate an occupational safety and health standard to 
        protect workers from harmful exposure to diacetyl.
            (8) An OSHA standard is urgently needed to protect workers 
        exposed to diacetyl from bronchiolitis obliterans and other 
        debilitating conditions.

SEC. 3. ISSUANCE OF STANDARD ON DIACETYL.

    (a) Interim Standard.--
            (1) Rulemaking.--Notwithstanding any other provision of 
        law, not later than 90 days after the date of enactment of this 
        Act, the Secretary of Labor shall promulgate an interim final 
        standard regulating worker exposure to diacetyl. The interim 
        final standard shall apply--
                    (A) to all locations in the flavoring manufacturing 
                industry that manufacture, use, handle, or process 
                diacetyl; and
                    (B) to all microwave popcorn production and 
                packaging establishments that use diacetyl-containing 
                flavors in the manufacture of microwave popcorn.
            (2) Requirements.--The interim final standard required 
        under subsection (a) shall provide no less protection than the 
        recommendations contained in the NIOSH Alert ``Preventing Lung 
        Disease in Workers Who Use or Make Flavorings'' (NIOSH 
        Publication 2004-110) and include the following:
                    (A) Requirements for engineering, work practice 
                controls, and respiratory protection to minimize 
                exposure to diacetyl. Such engineering and work 
                practice controls include closed processes, isolation, 
                local exhaust ventilation, proper pouring techniques, 
                and safe cleaning procedures.
                    (B) Requirements for a written exposure control 
                plan that will indicate specific measures the employer 
                will take to minimize employee exposure; and 
                requirements for evaluation of the exposure control 
                plan to determine the effectiveness of control measures 
                at least on a biannual basis and whenever medical 
                surveillance indicates abnormal pulmonary function in 
                employees exposed to diacetyl, or whenever necessary to 
                reflect new or modified processes.
                    (C) Requirements for airborne exposure assessments 
                to determine levels of exposure and ensure adequacy of 
                controls.
                    (D) Requirements for medical surveillance for 
                workers and referral for prompt medical evaluation.
                    (E) Requirements for protective equipment and 
                clothing for workers exposed to diacetyl.
                    (F) Requirements to provide written safety and 
                health information and training to employees, including 
                hazard communication information, labeling, and 
                training.
            (3) Effective date of interim standard.--The interim final 
        standard shall take effect upon issuance. The interim final 
        standard shall have the legal effect of an occupational safety 
        and health standard, and shall apply until a final standard 
        becomes effective under section 6 of the Occupational Safety 
        and Health Act (29 U.S.C. 655).
    (b) Final Standard.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Labor shall, pursuant to 
section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), 
promulgate a final standard regulating worker exposure to diacetyl, if 
at such time, diacetyl is still being processed or utilized in 
facilities subject to such Act. The final standard shall contain, at a 
minimum, the worker protection provisions in the interim final 
standard, a short term exposure limit, and a permissible exposure limit 
that does not exceed the lowest feasible level, and shall apply at a 
minimum to all facilities where diacetyl is processed or used.

SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON OTHER FLAVORINGS.

    (a) Study.--The National Institute for Occupational Safety and 
Health shall conduct a study on food flavorings that may be used as 
substitutes for diacetyl and shall transmit a report of the findings of 
the study to the Occupational Safety and Health Administration.
    (b) Construction.--Nothing in this section shall be construed as 
affecting the timing of the rulemaking outlined in section 2.

            Passed the House of Representatives September 26, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 400

110th CONGRESS

  1st Session

                               H. R. 2693

_______________________________________________________________________

                                 AN ACT

To direct the Occupational Safety and Health Administration to issue a 
            standard regulating worker exposure to diacetyl.

_______________________________________________________________________

                           September 28, 2007

            Read the second time and placed on the calendar