Leading the nation in recognizing the health dangers of diacetyl, on June 4, 2007 the California State Assembly approved Assembly Bill 514 (Lieber, D-San Jose) prohibiting the use of this substance in the workplace.
Diacetyl is a widely used artificial butter flavoring agent predominant in the microwave popcorn industry. Dozens of workers in the industry are known to have developed bronchiolitis obliterans, the debilitating lung disease nicknamed the popcorn workers lungs.
David Michaels, in his post “Congress May Force OSHA to Do Its Job (on Diacetyl at least)“, provides a consise summary and time-line of reported health injury incidents in which diacetyl is suspect.
Congress has finally acted on this issue. Yesterday, Congresswoman Lynn Woolsey introduced legislation to force OSHA to issue standards for occupational exposure to diacetyl.
Woolsey’s legislation would require the Occupational Safety and Health Administration to issue an interim final standard within 90 days to minimize workers’ exposure to diacetyl in popcorn and flavor manufacturing plants. Employers would be required to develop a written exposure control plan that would use engineering controls and respirators to protect workers, and to conduct medical monitoring to determine whether workers’ health continued to be harmed. The bill would require OSHA to issue a final rule within two years covering all workplaces where workers are exposed to diacetyl.
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1 Regulation Rita // Mar 17, 2009 at 7:00 pm
The Department of Labor (OSHA) is withholding rulemaking on diacetyl and convening a Small Business Advocacy Review Panel. Details below:
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2008-0046]
RIN 1218-AC33
Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl
AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor.
ACTION: Advance Notice of Proposed Rulemaking; withdrawal.
SUMMARY: OSHA is withdrawing its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl in order to facilitate convening a Small Business Advocacy Review Panel, pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA). Materials submitted prior to this withdrawal as well as any other information submitted directly to OSHA after the withdrawal will be put in the public rulemaking docket and receive equal consideration as a part of the rulemaking record. In addition, there will be several other opportunities for stakeholders to provide information and comment during the rulemaking process.
DATES: The ANPRM on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl, published January 21, 2009 (74 FR 3938), is withdrawn, effective March 17, 2009.
SUPPLEMENTARY INFORMATION: On September 25, 2007, OSHA announced its intent to initiate rulemaking to address concerns regarding diacetyl exposure in the workplace pursuant to Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, 655). The Agency hosted a stakeholder meeting on October 17, 2007, as part of its process to gather information for the rulemaking. The meeting addressed not only specific OSHA information requests, but also identified stakeholder concerns associated with developing a standard addressing occupational exposure to diacetyl and food flavorings containing diacetyl. OSHA also announced its intent to convene a Small Business Advocacy Review (SBAR) Panel, pursuant to the SBREFA, in the Department of Labor’s Semiannual Regulatory Agenda (73 FR 71396, 71399, 11/24/2008).
The SBREFA requires that, prior to publication of any proposed rule that has a significant economic impact on a substantial number of small entities, OSHA convene a SBAR Panel to determine the impacts of such a rule on small businesses and the ways those impacts can be reduced, consistent with the Agency’s statutory requirements.
I found this information at http://www.CyberRegs.com
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