[Congressional Record Volume 153, Number 71 (Wednesday, May 2, 2007)]
[Extensions of Remarks]
[Page E932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         WORKERS' MEMORIAL DAY

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                         Wednesday, May 2, 2007

  Ms. WOOLSEY. Madam Speaker, Workers' Memorial Day, which was observed 
on April 28th, is a solemn day of remembrance for the thousands of 
workers who have died--over 5,700 or 16 workers a day in 2005--and a 
day in which we pledge to do better to protect the health and safety of 
America's workers.
  Since the passage of the Occupational Safety and Health Act (OSHA) in 
1970, conditions in the workplace have improved and thousands of lives 
have been saved, but with this Administration's dismal record on 
workers' safety, many still die and over 4 million are injured or fall 
ill every year.
  OSHA knows how to help workers when it wants to. For example, in 1978 
when OSHA's cotton dust standard was adopted, there were 40,000 
workers--or 12 percent of all textile workers--12 percent of all 
textile workers suffered from this deadly disease.
  By 2000, and because of the OSHA standard, brown lung was virtually 
eliminated. OSHA's 1978 standard on lead dramatically reduced lead 
poisoning, and the 1989 excavation standard designed to protect workers 
from trench collapses has reduced deaths by more than 20 percent while 
construction activity has increased by 20 percent. But this 
administration has one of the worst records of any Administration in 
the issuance of safety and health standards.
  My subcommittee, the Workforce Protections Subcommittee, held a 
hearing on OSHA's record last week where the administrator of OSHA, 
Edwin Foulke and Eric Peoples, a worker who has lost 80 percent of his 
lung capacity due to his exposure to a dangerous and unregulated 
chemical called Diacytel [die-aci-teal] sat side by side.
  Mr. Foulke said that his heart went out to Mr. Peoples and his 
family. But then he told us that there wasn't enough proof to 
promulgate an emergency standard to protect workers from Diacytel.
  What more evidence does he need? Diacetyl is a butter flavoring 
chemical that causes a deadly lung disease, known popularly as 
``Popcorn Lung.'' Workers exposed to Diacetyl work in microwave popcorn 
facilities and other factories where flavorings are used. Mr. Peoples 
worked in one of these facilities and became ill within months of 
starting his job. Mr. Peoples--like many of those with popcorn lung--is 
so sick that he is awaiting a double lung transplant. Scientists have 
called the effect of Diacetyl on workers' lungs ``astonishingly 
grotesque'' and likened it to ``inhaling acid.'' Three workers have 
died so far.

  There has been almost no response from OSHA despite the fact that 
OSHA scientists have urged the Agency leadership to take broad action 
on Diacetyl. And sadly, failure to protect workers from Diacetyl is 
just the tip of the iceberg. The Agency has failed to issue even those 
standards that are among its priorities, and in 6 years only one 
significant safety and health standard issued in February 2006, and 
that was under court order. If OSHA were to inspect every workplace in 
the country just once, it would take the Agency 133 years.
  A recent congressional hearing revealed that OSHA had not done a 
single comprehenive inspection of any American refinery in the 10 years 
preceding the devastating 2005 explosion at BP's Texas City refinery 
that killed 15 workers. But instead of hiring more inspectors OSHA only 
wants to increase staffing for voluntary activities with its industry 
partners.

  Meanwhile, millions of public employees and other workers still don't 
even have OSHA coverage, and OSHA penalties are so low that they are 
just seen by business as the cost of doing business.
  We need to hold this Administration's feet to the fire and that is 
what I intend to do. And we need to act here in Congress to make health 
and safety our priority and to truly honor America's workers who have 
died on the job.
  So I hope you will join me by co-sponsoring H.R. 2049, the Protecting 
America's Workers Act. Senator Kennedy has introduced a companion in 
the Senate.
  This law will bring much needed change by expanding coverage to 
millions of public employees not covered by OSHA and to other private 
sector employees who are not currently covered. It will increase 
penalties in the case of willful violations resulting in death or 
serious injury and will also protect employees who have the courage to 
speak out about unsafe working conditions.
  And finally, it mandates that the Department of Labor investigates 
all cases of death or serious injuries, makes the process transparent, 
and gives workers and their families the right to meet with 
investigators.

                          ____________________