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Monday, October 15, 2007

OSHA's Position on Diacetyl Is Emblematic of Bush Preference for Voluntary Standards

Edwin Foulke, Administrator of the Occupational Safety and Health Administration, says the agency will not pursue an emergency rulemaking for diacetyl but will instead choose to let industry police itself, according to Inside OSHA (subscription). Workers exposed to diacetyl, a chemical used to give microwave popcorn its buttery flavor, are at risk for a severe and sometimes fatal lung disease called bronchiolitis obliterans.

Foulke is making a legal argument against pursuing an emergency standard. According to the Occupational Safety and Health Act, OSHA can only issue emergency standards if workers face a "grave danger" and if the "standard is necessary to protect employees from such danger." Since the popcorn industry is voluntarily phasing out use of diacetyl, Foulke argues the standard is unnecessary.

OSHA's current position on an emergency standard for diacetyl is indicative of a trend in President Bush's approach to public protection. Voluntary industry standards can serve as a welcome and effective compliment to strong federal regulations, but the Bush administration has consistently viewed them as a substitute for government involvement.

One major problem with using voluntary industry standards as a substitute for regulation is the ensuing lack of accountability. In the case of diacetyl, the popcorn manufacturing industry is approaching the issue with good intentions; but who know what the future will hold? Federal regulations allow agencies to monitor compliance and pursue corrective action in the form of fines or, in some instances, criminal prosecutions.

Congress also plays a role. If an agency is doing a poor job of enforcing regulation, Congress can hold oversight hearings, strengthen existing statutes, or use its power of appropriations to hold the agency accountable. Voluntary standards strip government of these important tools. And when government is cut out of the process, so too is the public.