chemicals policy

If one listens to the speeches of many Republican members of Congress, especially those assigned to the House Education and Workforce Committee, you'd think the U.S. Department of Labor has unleashed an avalanche of new employment-related regulations that business must now meet. I heard one Hill staffer report on inquiries he receives from constituents who ask "how many OSHA rules were issued last month?" Imagine their surprise when they learn, OSHA barely issues one major rule per year. Whomever is telling lawmakers and business that the Labor Department's worker safety agencies are out-…
Update below (7/8/2011) Just a few months after the Obama Administration took office, the Government Accountability Office (GAO) issued a scathing report on OSHA's Voluntary Protection Program (VPP). The program is supposed to recognize workplaces with exceptional safety programs, but GAO's investigators identified participant worksites that had multiple fatalities and gross violations of safety standards. The late Senator Kennedy said"GAO's report makes clear that OSHA has strayed too far from its core mission of protecting the safety and health of workers on the job. The agency has spent…
During his first week in office, President Obama promised an Administration defined by"unprecedented level of openness...to ensure the public trust and establish a system of transparency, public participation, and collaboration." But that's not been the case when it comes to a draft worker safety rule developed by federal OSHA. Almost all the participation has been among special interest groups--not the ordinary workers who have the most at stake---and not in a public process that builds trust and is participatory. The proposed regulation would affect workers exposed to respirable…
by Dick Clapp, DSc, MPH The documentary "Semper Fi: Always Faithful" was screened at the Congressional Auditorium in the Capitol Visitors Center on a hot, humid evening in Washington, DC on June 23. Congressman Brad Miller (D-NC) welcomed the audience of Congressional staff, North Carolina Senator Richard Burr (R-NC), and approximately 150 audience members and representatives from groups such as the Blue-Green Alliance, Environmental Working Group (EWG) and interested individuals. Congressman Miller said he is approached by many groups seeking his help to move large bureaucracies or make…
Rhetoric has been flying this year, especially in the Republican-controlled House of Representatives, about the "burdens" of federal regulations. Many of these members seem to despise EPA rules, CSPS rules, healthcare rules, and OSHA rules. Many of their talking points come from groups like the Heritage Foundation with their reports "Red Tape Rising: Obama's Torrent of New Regulations," and "Rolling Back Red Tape: 20 Regulations to Eliminate," and the U.S. Chamber of Commerce's multi-media "Regulations: Restoring Balance" campaign. Many House members were embolden early in the…
In a post on May 5, I predicted that Labor Secretary Hilda Solis would be publishing within a few days her semi-annual regulatory plan for new worker health and safety rules. I made that projection based on requirements in the Regulatory Flexibility Act and Executive Order 12866, which suggest these plans be published every April and October. As I've written previously, this Administration has a habit of being tardy releasing these plans, and this fifth document is posed to be the most belated. According to a very nice press officer with the Office of Management and Budget, the agencies…
by Kim Krisberg Don't mess with Texas. The iconic phrase was actually created as part of an anti-littering campaign more than 20 years ago, however it could be as easily applied to the state's notorious anti-regulatory attitude and penchant for bucking convention. But despite its reputation, the Lone Star State is poised to join 29 other states in passing a statewide restriction on indoor smoking. With the Texas legislature now in special session, policy-makers are considering a bill (known as HB 46 in the House and SB 28 in the Senate) that would ban indoor smoking in bars and restaurants.…
When I decided yesterday to watch the Republican candidates debate, I created a scorecard to use while I observed the two-hour event. I was interested particularly in exchanges related to public health topics, such as access to health care, and clean air and safe drinking water. Within minutes of first tuning in, I remembered how these multi-candidate debates are heavy on rhetoric, but light on policy details. I heard the participants harp on "ObamaCare," and "burdensome regulations," as well as make promises to "de-fund," and "repeal," but there were too few substantive points on public…
For many years, the public health and environmental communities have been calling for reform of the 1976 Toxic Substances Control Act (TSCA), which governs the use of chemicals in US commerce. Instead of requiring companies to demonstrate the safety of chemicals they intend to use or produce, TSCA puts the burden on EPA to request this data and justify their request based on anticipated hazards or substantial human exposures. EPA can only ban or restrict a chemical if it presents "an unreasonable risk of injury to health or the environment." Of the tens of thousands of chemicals now in use in…
It shouldn't be long now before Labor Secretary Hilda Solis releases her semi-annual regulatory plan for new worker health and safety rules. This document is required by the Regulatory Flexibility Act and Executive Order 12866, and is supposed to be published every April and October. The Labor Secretary's most recent regulatory agenda wasn't issued until December 2010, the 20th to be exact. We''ll have to wait and see how tardy this one will be. In that December 2010 document, OSHA and the Mine Safety and Health Administration (MSHA) listed about a dozen regulatory initiatives in the pre…
The Lowell Center for Sustainable Production (LCSP) is known for challenging the status quo. Its scientists and policy analysts refuse to accept we have to live in a world where parents are worried about toxic toys, or companies feel forced to choose between earning profits and protecting the environment. Leave it to LCSP researchers to describe six cases of systemic worker health and safety failures, yet manage to identify small successes or opportunities to create them. That's the Lowell way:"...infuse hope and opportunity into a system that may appear severely broken." In "Lessons…
by Eileen Senn, MS The multiple options that OSHA is considering to address their badly outdated rules for chemical hazards were described in my November 17 post. They include updating OSHA Permissible Exposure Limits (PELs) which are erroneously considered to be safe levels for chemicals in workplace air. In reality, it's wrong to call them "safe" levels. Most PELs are based on toxic ignorance, that is, our lack of sound and complete toxicology data on most chemicals. It is the rare chemical that has been tested for all disease endpoints including cancer and effects on reproductive,…
By the end of 2011, the Labor Department's worker safety agencies expect to issue six new rules to better protect workers from on-the-job hazards. In the Department's regulatory plan issued yesterday, OSHA projects it will finalize four rules while MSHA expects to complete two new standards. As I've written before, these plans quickly become stale because target dates are missed, new issues emerge and political winds shift, but they still give us a snapshot inside the agencies and the Administration's regulatory strategies at a moment in time. Of the four rules OSHA expects to finish in…
by Eileen Senn, MS OSHA's intention to finalize a list of chemicals on which to focus the agency's efforts to address outdated rules on workplace chemical exposures was officially announced in the December 1 issue of OSHA Quick Takes and described in my November 17 post, "OSHA Poised to Action on Chemical Hazards." No matter what approach or combination of approaches OSHA ultimately takes on chemical exposures, employer education and training must lay the foundation for voluntary compliance and enforcement. OSHA will need to undertake a campaign to teach employers, employees, and union…
No doubt that a federal agency's website can be a useful public relations tool. We all have much better access now to government data, reports and other records. That's certainly a good thing. But even the most content-rich website cannot substitute for other forms of communication and information sharing. Yet more and more lately I'm hearing reporters recount a different experience in their conversations with Obama Administration public affairs offices. During the peak of Deepwater Horizon disaster, for example, reporters were frequently told "looked at our website," "it's probably on…
by Eileen Senn After decades of dysfunction, OSHA is poised to do something about their badly outdated rules for occupational exposures to chemical hazards. Millions of U.S. workers are exposed to chemicals every day at work, such as asbestos fibers in insulation, asphalt fumes in roofing and road work, carbon monoxide gas from burning fuels, chlorine in disinfectants, formaldehyde in bonded wood, isocyanates in foam, lead in bullets and solder, liquid mercury in instruments and light bulbs, solvents in cleaning products and paints, and silica in concrete. Yet most standards for chemicals on…
It's that time of year, when the Secretary of Labor is supposed to outline her rulemaking priorities for next 12 months. This would include new proposal to protect mine workers, like the 64 killed already this year, and the tens of thousands made ill by inadequate OSHA standards on exposure to chemicals. The Presidential Executive Order governing this process dictates that agencies' regulatory plans be published in October. Last year the Obama Administration didn't release its plan until December, but I chalked that delay to the stalled Senate confirmation of the President's reg czar,…
by Eileen Senn, MS It seems obvious to many that respirators are needed to protect cleanup workers in the Gulf from inhaling air contaminants that are making some sick now and may make many more chronically ill in the future. I will describe a combination of political and scientific issues conspiring to prevent the needed respirators from being provided. They include: *Lack of focus on the adverse health effects of airborne contaminants *Limited air sampling *Outdated exposure limits *Oil company protocols for limiting respirator use *Concerns that respirators will worsen heat stress to…
The American Chemical Society Green Chemistry Institute® (ACS GCI) has teamed with stakeholders from industry, non-governmental organizations, and Federal and State agencies to develop a Sustainable Chemical and Process Technology Standard for the chemical industry.  As stated in the January 2009 memo from the ACS GCI, the new Standard is intended to⦠â¦establish consistent requirements for sustainable chemical products and production technologyâ¦to demonstrate how chemical products can conform to the environmental, economic, and social principles of sustainability throughout the supply…
Todayâs Washington Post includes a great article by Lyndsey Layton that contrasts European Union and U.S. chemical laws and explores how EU actions might affect products on U.S. shelves. Hereâs Laytonâs explanation of EU law and the philosophy that guides it: From its crackdown on antitrust practices in the computer industry to its rigorous protection of consumer privacy, the European Union has adopted a regulatory philosophy that emphasizes the consumer. Its approach to managing chemical risks, which started with a trickle of individual bans and has swelled into a wave, is part of a European…