Labor groups urging the Cal/OSH Standards Board to enact an
emergency regulation to prevent worker exposures to the so-called
"popcorn lung" disease were disappointed that the board declined to
take that step at its Jan. 18 meeting in Costa Mesa.
But they'll get the chance to make their case again in early
February when an advisory committee authorized by the board meets
to consider the best way to control this emerging worker-health
threat.
The California Labor Federation and United Food and Commercial
Workers' had petitioned the board to issue an emergency temporary
standard on exposure to diacetyl, the flavorings chemical
identified as a prime culprit in a spate of serious lung illnesses
among workers in California's flavorings industry. So far, eight
workers have been diagnosed with or are suspected of contracting
Bronchiolitis obliterans, a disease that appears to take a
swift and debilitating toll on healthy lungs. The labor groups also
want a permanent standard adopted, including a permissible exposure
limit, and workers and employers to be warned about the dangers of
diacetyl exposure.
Cal/OSHA's Special Emphasis Program with the 30 or so flavoring
manufacturers here is not stopping the disease, said a labor safety
and health official and a lawyer representing stricken
employees.
While lauding Cal/OSHA's groundbreaking work on diacetyl, Jackie
Nowell, health and safety director for United Food and Commercial
Workers union, said the problem warrants emergency action. "If this
doesn't rise to the need for an emergency standard, I don't know
what does," she told the board.
Attorney Raphael Metzger said one of his clients lost 75 percent
of his lung capacity within six months, even after the Division of
Occupational Safety and Health started working with the employer.
"This is happening today, and it's not just something in history,"
Metzger said. He suggested diacetyl is a health threat on the order
of beryllium. If the only action the Standards Board takes is
authorizing an advisory committee, he added, "I'm going to have a
lot more clients."
But board occupational health representative Jonathan Frisch,
Ph.D, said "doing the speedy thing isn't necessarily the right
thing." He and the other board members backed the decision to send
the petition to advisory committee, which DOSH Acting Chief Len
Welsh said would meet the first or second week of February. Frisch
commented that it takes courage to "step back, even when people are
hurt," if it's the right thing to do. "Let's take a hard look at
the exposures that are going on."
Board Chair John MacLeod agreed. "We're in a groundbreaking
situation," and it's important to develop good information, he
said.
UFCW's Nowell compared Cal/OSHA's efforts favorably to those of
Fed-OSHA, which she asserted is doing "nothing" on the enforcement
side to protect workers from diacetyl exposure. "That's shocking to
us," Nowell commented.