From the Associated Press, via The New York Times: "Officials Reverse Course and Say the Search for 6 Utah Miners Will Continue"

For more on the federal government's role in the mine disaster, see OMB Watch's recent article: "Crandall Canyon Mine Collapse Implicates MSHA Procedures"

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Regulatory policy articles this time:

Crandall Canyon Mine Collapse Implicates MSHA Procedures

Bush Administration Skirts Broad Environmental Law

New Report Examines Agency Review of Regulations

Earlier today, Reg•Watch blogged about the problem of the Consumer Product Safety Commission's reliance on voluntary recalls.

CPSC is not alone in choosing to make nice with industry rather than taking the lead itself. In fact, the Department of Labor wrote the book on it. The Pump Handle blog has a post criticizing the use of "compliance assistance" in the Occupational Safety and Health Administration and the Mine Safety and Health Administration (both within Labor). The concerns are especially relevant in light of the current Crandall mine tragedy.

Read the Pump Handle's post: MSHA, OSHA, and "Compliance Assistance".

Mattel, Inc. and the Consumer Product Safety Commission (CPSC) announced recalls of 9.5 million Chinese toys today due either to magnets coming loose from the toys or excessive levels of lead-based paint, according to The Washington Post. The magnets can come out the toys and be swallowed by children causing potentially fatal problems.

Mattel discovered the problems while investigating all its factories in China after an earlier recall of 1.5 million toys due to lead paint coatings. According to the Post story, Mattel had never recalled products for lead paint problems prior to this month.

The Wall Street Journal is reporting today that one of the Chinese owners of the toy manufacturer tied to the Mattel, Inc. recall of 1.5 million toys committed suicide Aug. 11. Cheung Shu-hung, an owner of Lee Der Industrial Co., killed himself at his Chinese factory.

It is not clear if the suicide is related to the recall, according the WSJ article, but Mattel revealed late last week that Lee Der was the manufacturer of the recalled toys, which may have been coated with excessive levels of lead-based paint. After the Aug. 2 recall, China announced that Lee Der was prevented from exporting its products and was being investigated.

Chinese manufacturers face intense cost pressures and may be facing huge losses as U.S. companies begin to look elsewhere for their products. An Aug. 11 Washington Post story cited instances of U.S toy retailers looking to purchase more goods from domestic and E.U. sources, although many of their holiday orders for goods have already been placed. E.U. manufacturers have higher safety standards than the U.S. and test products made in China before exporting them. The Post also reports that the Toy Industry Association is working with the Consumer Product Safety Commission (CPSC) to write legislation that makes testing mandatory for all toys. As we noted last week, CPSC has just had its full powers legislatively restored temporarily. If the two groups working together propose steps away from the current voluntary approach, it would be a great leap forward.

Diacetyl is a component of the artificial butter flavoring found in microwave popcorn. Exposure during the manufacturing process can cause a lung disease called bronchiolitis obliterans which reduces quality of life and causes premature mortality. Unfortunately, the disease has acquired the moniker "popcorn workers lung."

While Congress is pushing for the Occupational Safety and Health Administration (OSHA) to issue a new regulation, the agency has taken a positive (albeit belated) step by examining regulations already on the books which could improve the situation.

Last week, OSHA announced a National Emphasis Program with the intent of reducing or eliminating exposure to the butter-flavoring chemical. Among other things, the Program instructs all manufacturers using the chemicals to assess employee exposure levels. OSHA points out in bold-faced type that employers "must conduct" the assessments under the Respiratory Protection standard (29 CFR 1910.134).

But OSHA and Congress should watch out. Industry lobbyists and senior congressional Republicans are using their favorite tactic to undermine regulations: attacking the underlying science.

According to Inside OSHA (subscription), Rep. Howard McKeon (R-CA) said, "There is no clear scientific evidence that diacetyl alone causes 'popcorn lung' disease." A coalition including the National Association of Manufacturers and the U.S. Chamber of Commerce claimed the bill would "completely ignore" requirements which "make sure OSHA standards reflect the best science available."

McKeon and his industry allies should try reading the National Institute for Occupational Safety and Health study which found "inhalation exposure to butter flavoring chemicals is a risk for occupational lung disease."