July 26, 2006

Emergency Petition Assails OSHA

(Washington, DC) —On July 26, 2006, two affiliate unions of the Change to Win federation — the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters — began petitioning the Department of Labor (DOL) to immediately issue an Emergency Temporary Standard to stop the continued risk of diacetyl exposure to workers. In 2002 and 2003, OSHA’s own scientists studying diacetyl unsuccessfully urged their leaders to take broader action to protect workers. There are currently no OSHA standards requiring exposures to be controlled.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation.  There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl.

“Three workers have died and hundreds of others seriously injured,” said Jackie Nowell, UFCW Safety & Health Director. “It’s time for action. We will not let food processing workers continue to be the canaries in the coal mine while waiting for the industry to regulate itself.”

More than 8,000 workers are employed in the flavorings production industry and may be exposed to the dangers of diacetyl and other similar chemicals. Tens of thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.  It is not clear whether consumers are at risk from exposure to diacetyl but certainly the workers who deal with high concentrations of the flavoring chemical are at risk of developing serious and irreversible lung damage.

The unions’ petition is accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

“”Study after study have shown that breathing artificial butter flavor destroys workers lungs. We know how to prevent this terrible disease but OSHA refuses to act”” said Dr. David Michaels of the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health.

The UFCW and Teamsters filed the petition for an Emergency Temporary Standard with the DOL to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical.  OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

“The science is clear.  Now it is time for the Department of Labor to employ their regulatory mandate and protect the public,” said Lamont Byrd, Teamster Safety & Health Director. “Such illnesses and fatalities are avoidable and therefore, inexcusable.  An Emergency Standard is necessary to prevent the suffering and death of the additional workers who will get sick during the time it would take for OSHA to set a Permanent Standard.”

-30-

The United Food and Commercial Workers International Union’s 1.4 million members work in America’s supermarkets, meatpacking and food processing plants.  Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women throughout the United States and Canada.  Both unions are founding members of the Change to Win federation.  www.changetowin.org

For more information and studies about Popcorn Workers Lung Disease, go to www.DefendingScience.org

• A copy of the DOL petition.
• A copy of the letter from top scientists.
• A timeline about diacetyl in the United States.