[Congressional Record (Bound Edition), Volume 153 (2007), Part 11]
[Extensions of Remarks]
[Page 15745]
[From the U.S. Government Publishing Office, www.gpo.gov]




   INTRODUCTION OF LEGISLATION TO DIRECT THE OCCUPATIONAL SAFETY AND 
HEALTH ADMINISTRATION TO ISSUE A STANDARD REGULATING WORKER EXPOSURE TO 
                                DIACETYL

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                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                        Wednesday, June 13, 2007

  Ms. WOOLSEY. Madam Speaker, I am introducing legislation today that 
will require the Occupational Safety and Health Administration to issue 
an emergency interim final standard, and after 2 years, a final 
standard to protect workers against a butter flavoring chemical called 
diacetyl. Exposure to diacetyl has been found to cause a devastating 
lung disease known as bronchiolitis obliterans, or ``popcorn lung.'' 
Diacetyl has been described by NIOSH as causing ``astonishingly 
grotesque'' effects in workers' lungs--often in a very short time 
period.
  Dozens of workers at microwave popcorn factories or factories where 
flavors are produced have become sick, and several have died. Others 
are awaiting lung transplants. Thousands more workers are exposed at 
factories that make or use flavorings throughout the country. The 
Workplace Protections Subcommittee held a hearing in April on OSHA's 
failure to issue health and safety standards. Eric Peoples, a former 
employee of a Missouri popcorn plant who is awaiting a double lung 
transplant, testified that he was never informed of the hazards of 
diacetyl while working at the plant. ``I played by the rules. I worked 
to support my family. This unregulated industry virtually destroyed my 
life. Don't let it destroy the lives of others,'' Peoples asked the 
committee.
  The interim final standard will apply to the food flavorings industry 
and the microwave popcorn production and packaging industry. This bill 
will also require OSHA to issue a final diacetyl standard within 2 
years of issuing the interim final standard. The final standard will 
apply to all locations where diacetyl is processed or used. Although we 
are expecting OSHA to follow the normal administrative procedures for 
issuing the final standard, we expect the agency to do whatever is 
necessary and allowed by the various procedural laws and regulations to 
ensure that the final standard can be issued within the 2-year 
deadline. In any case, the interim final standard will remain in effect 
until the final standard is issued.
  It is with some reluctance that I offer this legislation. Over 35 
years ago, Congress gave OSHA the authority to address workplace 
hazards, and gave the agency the ability to issue emergency standards. 
But OSHA has not acted. OSHA has known that diacetyl causes 
bronchiolitis obliterans or popcorn lung for over 5 years ever since 
the National Institute for Occupational Safety and Health published 
evidence in 2002 linking diacetyl to bronchiolitis obliterans, yet OSHA 
has not even issued an information bulletin. Last year, House Democrats 
urged the Labor Department to address this serious health hazard. OSHA 
has not responded. Also last year, two labor unions, supported by a 
letter signed by 42 of the Nation's leading occupational health 
scientists and physicians, petitioned the agency for an emergency 
standard. OSHA has still not responded to that petition.
  The measures required by the bill are feasible and affordable. In 
fact, they are the same measures already recommended by the Flavor and 
Extract Manufacturers Association, the main industry association for 
the flavorings industry, in 2004. The association has voted to support 
this legislation and the issuance of an OSHA standard.
  The measures mandated by this bill are also consistent with 
recommendations from the National Institute for Occupational Safety and 
Health, NIOSH, and we expect OSHA to work closely with NIOSH to ensure 
that the final standard is fully protective and completed by the 
deadline set by this bill.
  It is clear that an emergency exists and that this hazard presents a 
grave danger and significant risk of life-threatening illness to 
exposed workers. If OSHA will not act, then Congress must act.

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