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November 30, 2008
Workplace Safety
From the NYT:
"The Labor Department is racing to complete a new rule, strenuously opposed by President-elect Barack Obama, that would make it much harder for the government to regulate toxic substances and hazardous chemicals to which workers are exposed on the job."
"The rule, which has strong support from business groups, says that in assessing the risk from a particular substance, federal agencies should gather and analyze "industry-by-industry evidence" of employees' exposure to it during their working lives. The proposal would, in many cases, add a step to the lengthy process of developing standards to protect workers' health."
"Public health officials and labor unions said the rule would delay needed protections for workers, resulting in additional deaths and illnesses."
Because regulating hazardous chemicals in the workplace is currently much too easy. For instance, OSHA has been working on a silica standard since 1994 (pdf), and hasn't published it yet:
"OSHA identified silica as a priority for its rulemaking efforts in 1994. Ten years ago OSHA and NIOSH held a National Conference to Eliminate Silicosis. Silica has been on the OSHA regulatory calendar for almost ten years. A draft standard has been developed and was reviewed by SBA in 2003. A peer review of the health effects data was to be completed this month. Yet there is still no date certain for a proposed rule to be published. While we wait for OSHA to move forward, construction workers and others continue to suffer and die from debilitating lung diseases and cancer as a result of this delay."
Nor has OSHA done anything on diacetyl, the flavoring that destroys people's lungs:
"It was nearly 10 years ago when an alert physician in Missouri linked rare cases of the lung disease bronchiolitis obliterans to his patients' workplace exposure at a microwave popcorn manufacturing plant. Soon after, the Missouri Department of Health (MDOH) contacted OSHA and NIOSH. Now, dozens of workers have been identified with the debilitating disease and others diagnosed with other respiratory impairments. OSHA previously told the Senators that it "intends to propose a permanent standard addressing the hazards of flavoring containing diacetyl," but the wait continues."
According to the AFL-CIO's director of occupational safety and health (quoted in the NYT), the Bush administration has "failed to set any new OSHA health rules to protect workers, except for one issued pursuant to a court order." Quite a record!
Spending mere decades deciding how to regulate workplace exposure to chemicals that can kill people is obviously much too hasty. We need to continue to let people die for centuries, if not millenia. And requiring that OSHA consider "industry-by-industry evidence" for each chemical sounds like just the ticket. After all, while mustard gas kills soldiers, do we actually know that it would kill people if we pumped it into an automobile assembly line? Do we have any evidence that cyanide can kill beauticians in particular? Don't we need careful empirical studies before we leap to conclusions?
Come to think of it, do we have any evidence about what sorts of things might harm political appointees in the Labor Department, in particular? Aren't we just getting ahead of the evidence when we assume, say, that they could be harmed by cruise missiles, or large banks of rotating knives deployed in their direction? If so, surely they wouldn't have any objection to our carrying out a few little tests. After all, if it's OK for the workers they are charged to protect, it must surely be OK for them.
—Hilzoy 12:35 AM
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But, wouldn't firing cruise missiles filled with butter-flavored silica into government buildings make us JUST LIKE THE REPUBLICANS?
Posted by: broomhead on November 30, 2008 at 4:12 AM | PERMALINK
I read an interesting comment on another blog site. The comment was in essense what if President Obama just said everything Bush did was cancelled? Who is going to stop it. One big presidential order to undo everything Bush wants to do for his friends. What do you think?
Posted by: Rick on November 30, 2008 at 4:57 AM | PERMALINK
While I mostly agree with what you're saying here, I just want to point out that some OSHA regs do fall deep into silly categories when applied outside the industries they were meant for. For example, R&D where the chemicals are used on a tiny scale and with standard precautions, by highly skilled individuals. It's very common for company safety people to point to OSHA and demand those standards be upheld. So you end up with a theoretical chemist being required to learn how to don breathing gear because a lab down the hall is working with gram quantities of a listed chemical (true story).
Posted by: winner on November 30, 2008 at 6:26 AM | PERMALINK
Meanwhile, my most favourite epostolary ornament, Tom Friedman, has a thoroughly Panglossian column up at the NYT. The cream of his curdled ruminations of the day:
There is now, for the first time, a chance — still only a chance — that a reasonably stable democratizing government, though no doubt corrupt in places, can take root in the Iraqi political space. Cart, kindly introduce me to the horse. Free and fair corruption is the whole point of the democratic form of government that American boys have fought and bled for in Iraq, on the model of, oh, Thailand and most of South America I guess. If Iraq can now come up with a set of political parties that pander to the foreign oil industry and split hairs over domestic issues, Americans will at last be able to say that they have brought the country into the 21st century. What a cheerful thought.
Posted by: Jassalasca Jape on November 30, 2008 at 6:45 AM | PERMALINK
Rick--
The reversal process takes essentially the same amount of time as the rule creation process, from what I understand when I asked the same question. Draft the new rule, get it approved within the agency. Publish the new real in the Federal Register. Request public comment for some reaasonably lengthy time period (60 days?). Review comments.
And so on.
Much more damage than removing all the Os on the keyboards. As digby has said, there are many minefields being laid.
Posted by: jayackroyd on November 30, 2008 at 7:19 AM | PERMALINK
But, wouldn't firing cruise missiles filled with butter-flavored silica into government buildings make us JUST LIKE THE REPUBLICANS?
Posted by: broomhead
Actually, no---Republicans hire "out-of-towners" to fly jumbo jets filled with human-flavored humans into government buildings. Civilian buildings, too.
Posted by: Steve W. on November 30, 2008 at 7:36 AM | PERMALINK
Wishing that people be cut up by rotating knoves or bombed by missiles? I used to draw pictures like that in the margins of my notebook in 2nd & 3rd grade. Then I grew up.
Posted by: CU on November 30, 2008 at 7:58 AM | PERMALINK
"While I mostly agree with what you're saying here, I just want to point out that some OSHA regs do fall deep into silly categories when applied outside the industries they were meant for."
Rather than applying regulations on a case by case basis, maybe the answer would be to exempt industries on a case by case basis.
Posted by: wbn on November 30, 2008 at 8:20 AM | PERMALINK
Hey, Jass @ 6:45; I'm a big Tom Friedman fan, too. True belivers like us will remember his, "Dancing Alone" column a couple of years back, in which he acknowledged- after months of cheerleading - that the war in Iraq had been so badly mismanaged and was so flawed on its basis that there was no longer any hope of its succeeding. But, amazingly, hope appears to be tougher to kill than he thought. In between these times he has wandered back and forth, of course, as journalists often do in their attempts to come out on the right side even though their experience lies in writing about wars, not their planning, execution or prediction.
As winner correctly pointed out just before the Tom Friedman distraction seized my attention, you have to be careful about the introduction of rules that are going to have a broad application, industry-wide. Not ten YEARS worth of careful, obviously, but the example cited is fairly common - if the letter of the law says you must be in a full protective suit to handle certain chemicals, then the ruling must be broadly applied regardless the concentration of that chemical, or the environment in which you have to wear such a suit.
In the case of diacetyl, you'd think they'd just ban it altogether. After all, there was a perfectly acceptable alternative flavoring for popcorn before diacetyl came along, and I've never heard of anyone dying from butter poisoning. The quest to make it possible for us to do even less as consumers results in some strange accomodations.
Posted by: Mark on November 30, 2008 at 9:24 AM | PERMALINK
What could Congress do to restrict the Bush Administration's authority for this sort of thing for the next two months? What can Obama do to undo the Bush legacy with a broad brush - almost immediately?
Posted by: Eric on November 30, 2008 at 9:47 AM | PERMALINK
The U.S. should consider a policy on occupational chemical exposures that is based on the precautionary principle. The precautionary principle requires that a chemical be proven safe (rather than proven harmful) under defined conditions. This is the standard that most other developed countries use and he U.S. is an outlier in this area. We could learn from the examples of others, especially the Europeans, who have years of experience and data. We should seriously consider the benefits and costs of making this foundational to our occupational and environmental health policy.
Posted by: Kristina Regina on November 30, 2008 at 10:33 AM | PERMALINK
Jesus winner-total bull shit. Name one incidence of what you say actually happening. Company safety people? Nonsense.
Posted by: Gandalf on November 30, 2008 at 10:37 AM | PERMALINK
Jesus Gandalf, as some one responsible for implementing safety policy for my employer, I find winner's story completely believable. The regs are fine, but interpretation and application to real-world situations can be challenging.
Not only must a company consider OSHA's requirements, but also liability should an employee be injured. It's easy to be over zealous.
Posted by: AK Liberal on November 30, 2008 at 11:21 AM | PERMALINK
Years ago I remember seeing Mary Matalin on some talking heads show railing about all the OHSA or EPA restrictions dry cleaners had to operate under. What she didn't mention was at the time dry cleaners were using some very nasty carcinogens not only endangering themselves and their employees but spewing them around the neighborhood. I could be wrong but I believe since then the industry has come up with new less toxic chemicals because of those restrictions.
Posted by: markg8 on November 30, 2008 at 1:53 PM | PERMALINK
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