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Wednesday, September 26, 2007

House Passes Popcorn Workers Lung Bill

The House has passed the Popcorn Workers Lung Disease Prevention Act (H.R. 2693) in a 260-154 vote (roll call). The legislation would force the Occupational Safety and Health Administration to issue an interim standard on diacetyl exposure within 90 days of the law's enactment. Then, within two years of the law's enactment, OSHA would have to issue a final standard.

A standard is necessary because exposure to diacetyl — a common ingredient in the butter flavoring found in popcorn — can cause bronchiolitis obliterans, a debilitating and sometimes fatal lung disease. The standard would protect factory workers who are exposed to the chemical because they are particularly susceptible to the adverse effects.

The legislation is necessary because OSHA doesn't set standards on its own. Despite a $17 million budget and a staff of 83, OSHA's standard-setting program set only four standards in 2006 and expects to set only three in 2007. OSHA under the Bush administration has set only one significant standard (for hexavalent chromium), and that was as a result of a court order.

The legislation is supported by unions, scientists, doctors and occupational health experts. It also has broad support from industry groups who recognize the need to protect their employees.

President Bush and OSHA both oppose the bill. They claim OSHA has already initiated a rulemaking on diacetyl exposure (they did it yesterday) and that the agency needs more time to study diacetyl's effects in order to develop a fully protective standard.

Simply put, that argument is garbage. The legislation mandates an immediate interim standard (if President Bush needs a definition of "interim," he can find it here) and then gives the agency plenty of time to develop a final rule which will follow the regular notice-and-comment rulemaking process. This two-step plan gives workers at least a modicum of protection in the short term while long-term strategies can be developed.

Bush has issued a statement voicing "strong opposition" to the bill but has not threatened a veto. No word yet on a senate version. Stay tuned to Reg•Watch for updates.