Document 6BOOV5M265eo7LRm13BYaMw63

F:\R10\1ST\RH\H2693_RH.XML H.L.C. Union Calendar No. H. R. 2693 110TH CONGRESS 1ST SESSION [Report No. 110] To direct the Occupational Safety and Health Administration to issue a standard regulating worker exposure to diacetyl. IN THE HOUSE OF REPRESENTATIVES JUNE 13, 2007 Ms. WOOLSEY (for herself, Mr. GEORGE MILLER of California, Mr. HARE, Ms. DELAURO, Ms. SOLIS, Mr. PAYNE, Mr. GRIJALVA, Mr. KUCINICH, Mr. KILDEE, Ms. SHEA-PORTER, Mr. BISHOP of New York, Ms. LINDA T. SANCHEZ of California, Mrs. MCCARTHY of New York, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Education and Labor JUNE --, 2007 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 13, 2007] A BILL To direct the Occupational Safety and Health Administration to issue a standard regulating worker exposure to diacetyl. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML 2 1 SECTION 1. SHORT TITLE. H.L.C. 2 This Act may be cited as the ``Popcorn Workers Lung 3 Disease Prevention Act''. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) An emergency exists concerning worker expo- 7 sure to diacetyl, a substance used in many flavorings, 8 including artificial butter flavorings. 9 (2) There is compelling evidence that diacetyl 10 presents a grave danger and significant risk of life- 11 threatening illness to exposed employees. Workers ex- 12 posed to diacetyl have developed, among other condi- 13 tions, a debilitating lung disease known as 14 bronchiolitis obliterans. 15 (3) From 20002002 NIOSH identified cases of 16 bronchiolitis obliterans in workers employed in micro- 17 wave popcorn plants, and linked these illnesses to ex- 18 posure to diacetyl used in butter flavoring. In Decem- 19 ber 2003, NIOSH issued an alert ``Preventing Lung 20 Disease in Workers Who Use or Make Flavorings,'' 21 recommending that employers implement measures to 22 minimize worker exposure to diacetyl. 23 (4) In August 2004 the Flavor and Extract Man- 24 ufacturers Association of the United States issued a 25 report, ``Respiratory Health and Safety in the Flavor 26 Manufacturing Workplace,'' warning about potential f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML H.L.C. 3 1 serious respiratory illness in workers exposed to 2 flavorings and recommending comprehensive control 3 measures for diacetyl and other ``high priority'' sub- 4 stances used in flavoring manufacturing. 5 (5) From 20042007 additional cases of 6 bronchiolitis obliterans were identified among workers 7 in the flavoring manufacturing industry by the Cali- 8 fornia Department of Health Services and Division of 9 Occupational Safety and Health (Cal/OSHA), which 10 through enforcement actions and an intervention pro- 11 gram called for the flavoring manufacturing industry 12 in California to reduce exposure to diacetyl. 13 (6) In a report issued in April 2007, NIOSH re- 14 ported that flavor manufacturers and flavored-food 15 producers are widely distributed in the United States 16 and that bronchiolitis obliterans had been identified 17 among microwave popcorn and flavoring-manufac- 18 turing workers in a number of States. 19 (7) Despite NIOSH's findings of the hazards of 20 diacetyl and recommendations that exposures be con- 21 trolled, and a formal petition by labor organizations 22 and leading scientists for issuance of an emergency 23 temporary standard, the Occupational Safety and 24 Health Administration (OSHA) has not acted to pro- f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML H.L.C. 4 1 mulgate an occupational safety and health standard 2 to protect workers from harmful exposure to diacetyl. 3 (8) An OSHA standard is urgently needed to 4 protect workers exposed to diacetyl from bronchiolitis 5 obliterans and other debilitating conditions. 6 SEC. 3. ISSUANCE OF STANDARD ON DIACETYL. 7 (a) INTERIM STANDARD.-- 8 (1) RULEMAKING.--Notwithstanding any other 9 provision of law, not later than 90 days after the date 10 of enactment of this Act, the Secretary of Labor shall 11 promulgate an interim final standard regulating 12 worker exposure to diacetyl. The interim final stand- 13 ard shall apply-- 14 (A) to all locations in the flavoring manu- 15 facturing industry that manufacture, use, han- 16 dle, or process diacetyl; and 17 (B) to all microwave popcorn production 18 and packaging establishments that use diacetyl- 19 containing flavors in the manufacture of micro- 20 wave popcorn. 21 (2) REQUIREMENTS.--The interim final stand- 22 ard required under subsection (a) shall provide no 23 less protection than the recommendations contained 24 in the NIOSH Alert ``Preventing Lung Disease in f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML H.L.C. 5 1 Workers Who Use or Make Flavorings'' (NIOSH Pub- 2 lication 2004110) and include the following: 3 (A) Requirements for engineering, work 4 practice controls, and respiratory protection to 5 minimize exposure to diacetyl. Such engineering 6 and work practice controls include closed proc- 7 esses, isolation, local exhaust ventilation, proper 8 pouring techniques, and safe cleaning proce- 9 dures. 10 (B) Requirements for a written exposure 11 control plan that will indicate specific measures 12 the employer will take to minimize employee ex- 13 posure; and requirements for evaluation of the 14 exposure control plan to determine the effective- 15 ness of control measures at least on a biannual 16 basis and whenever medical surveillance indi- 17 cates abnormal pulmonary function in employees 18 exposed to diacetyl, or whenever necessary to re- 19 flect new or modified processes. 20 (C) Requirements for airborne exposure as- 21 sessments to determine levels of exposure and en- 22 sure adequacy of controls 23 (D) Requirements for medical surveillance 24 for workers and referral for prompt medical eval- 25 uation. f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML H.L.C. 6 1 (E) Requirements for protective equipment 2 and clothing for workers exposed to diacetyl. 3 (F) Requirements to provide written safety 4 and health information and training to employ- 5 ees, including hazard communication informa- 6 tion, labeling, and training. 7 (3) EFFECTIVE DATE OF INTERIM STANDARD.-- 8 The interim final standard shall take effect upon 9 issuance. The interim final standard shall have the 10 legal effect of an occupational safety and health 11 standard, and shall apply until a final standard be- 12 comes effective under section 6 of the Occupational 13 Safety and Health Act (29 U.S.C. 655). 14 (b) FINAL STANDARD.--Not later than 2 years after 15 the date of enactment of this Act, the Secretary of Labor 16 shall, pursuant to section 6 of the Occupational Safety and 17 Health Act (29 U.S.C. 655), promulgate a final standard 18 regulating worker exposure to diacetyl. The final standard 19 shall contain, at a minimum, the worker protection provi- 20 sions in the interim final standard, a short term exposure 21 limit, and a permissible exposure limit that does not exceed 22 the lowest feasible level, and shall apply at a minimum to 23 all facilities where diacetyl is processed or used. f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML H.L.C. 7 1 SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON 2 OTHER FLAVORINGS. 3 (a) STUDY.--The National Institute of Occupational 4 Safety and Health shall conduct a study on food flavorings 5 used in the production of microwave popcorn. The study 6 shall prioritize the chemicals that are most closely chemi- 7 cally associated with diacetyl to determine possible exposure 8 hazards. NIOSH shall transmit a report of the findings of 9 the study to the Occupational Safety and Health Adminis- 10 tration. 11 (b) RECOMMENDED EXPOSURE LIMITS.--Upon com- 12 pletion of the study conducted pursuant to subsection (a), 13 NIOSH shall establish recommended exposure limits for 14 flavorings determined by such study to pose exposure haz- 15 ards to workers involved in the production of microwave 16 popcorn. f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 C:\TEMP\H2693_RH.XML HOLCPC F:\R10\1ST\RH\H2693_RH.XML f:\V10\062007\062007.222.xml June 20, 2007 (2:05 p.m.) VerDate 0ct 09 2002 14:05 Jun 20, 2007 Jkt 000000 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 C:\TEMP\H2693_RH.XML HOLCPC Union Calendar No. H. R. 2693 110TH CONGRESS 1ST SESSION [Report No. 110] A BILL To direct the Occupational Safety and Health Administration to issue a standard regulating worker exposure to diacetyl.