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Protecting the Health of California Workers: A Moral Obligation

Legislation Being Held up by State Budget Hostage Taking

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By Gary A. Patton
Executive Director
Planning and Conservation League

Welcome to day fifty-oneof the state budget stand-off. More press conferences have been held, names have been called, and battles of rhetoric have been waged in the newspapers. Amongst all the press flurry, PCL last week participated in one particularly fiery press conference to keep the fire on the Senate Republicans who are continuing to hold the budget hostage. The gang of fourteen Senate Republicans to insist that the Legislature carves an “ostrich exemption” out of the California Environmental Quality Act to allow builders to overlook the potential global warming pollution that projects built over the next five years will generate.

Undoubtedly, the Big Five (the two Democratic leaders, the two Republican leaders and the Governor) have been meeting, maybe even over cigars. In fact, Assembly Speaker Fabian Nunez, who flew out of Sacramento to enjoy his vacation weeks ago, is back in the fray – and the press. And the Legislature is gearing up to re-convene next week after their pseudo-recess. Yet despite all of the hubbub, we still have no state budget.

In the absence of more juicy developments, we’ll continue to highlight bills that will likely need your help as they near the finish line over the next month. Both of these long overdue measures by Assemblymember Sally Lieber seek to clean up toxic substances in the workplace.

AB 514 (Lieber) - Pulling the Plug on “Popcorn Lung”

Hold on to your seats, folks, because we’re about to drop a bomb. That mm-mm delicious buttery flavor on your popcorn probably didn’t come from a cow. That’s right, what you thought was butter is actually the delightful aroma of diacetyl, normally a natural byproduct of fermentation (think of that butterscotch taste in your beer) which is now chemically manufactured as an artificial flavor.

Synthetic diacetyl has been found by the state and the California Department of Health Services to pose a significant health risk to factory workers exposed to the chemical during its manufacturing process. Diacytel enters the body through the inhalation of vapors, droplets of spray or dust in the air, or it can be absorbed through the skin. The first documented health case associated with diacytel exposure occurred in 2004, when a 32-year old Latino male who had been working for an artificial flavoring manufacturer developed a severe case of Bronchiolitis Obliterans (BO), an extremely rare and life threatening disease with symptoms that include dry coughs, severe wheezing and extreme shortness of breath. This particular case showed a 72% decrease in lung capacity and an inability of the patient to walk more than fifteen feet without feeling breathless.

Since 2006, there have been at least seven cases of BO, or “popcorn lung,” in California. All those affected were Latino men from Southern California, all of whom had no previous history of breathing problems prior to working with diacytel. Almost all cases resulted in severe lung impairment, and one worker is currently awaiting a lung transplant.

The flavoring industry has begun addressing the threat of direct exposure to diacytel where the chemical is manufactured. However, diacytel still poses a threat in facilities where the flavoring is added to other foods. As crazy it sounds since this artificial chemical is so dangerous, diacytel is still dumped into such products as candy, snacks, pastries frozen foods, and condiments, and still poses a threat to those working in the manufacturing of these items.

In response, Assemblymember Sally Lieber has introduced AB 514 which would require that the California Occupational Safety and Health Standards Board prohibit the use of diacetyl in the workplace by the year 2010.

It’s both irresponsible and illogical to allow this dangerous substance to be added to our food. We know it’s not safe for the workers handling diacetyl; there are already numerous flavoring alternatives to diacetyl; and with the federal government dragging its feet, we simply don’t have time to wait for help from above. As Assemblymember Laird pointed out when the bill was debated on the Assembly floor last month, this isn’t a question of how to satisfy our next buttered popcorn cravings. It’s about fulfilling a moral obligation to protect human health and safety.

AB 515 (Lieber): Equal Protection for Workers Exposed to Toxics

Ever feel like you just might not survive the workday? For some Californians, that sentiment is all too real. Every day men and women in the California workforce are exposed to toxic chemicals. Despite being strictly regulated for their presence in both our air and water, many of these chemicals are not regulated in the daily work environment.

In fact, fifteen toxic chemicals that have been shown to cause cancer and reproductive harm are not regulated in the workplace. An additional twenty-nine chemicals known to cause cancer are regulated for acute effects such as headache but not for long-term effects such as reproductive harm. As a result, over 23,000 Californians are diagnosed with chronic, deadly diseases associated with the effects of a toxic work environment and an additional 6,500 workers die from these effects every year.

To combat this epidemic, Assemblymember Sally Lieber has proposed AB 515 which would require the California Occupational Safety and Heath Standards Board to adopt strengthened standards by 2010 for any substance identified to pose a quantitative risk to workers.

Until now, the Board has been unable or unwillingly to develop new standards to protect the health of California’s workers. AB 515 will do just that - without costing the state additional funds. By using existing health risk assessments generated by Proposition 65, the board will be able to develop new standards in conjunction with input from industry, labor, and other interested stakeholders.

Going to work should not be hazardous to your health! By passing AB 515, the state can help close loopholes in existing laws that allow California workers to suffer severe health effects.

Gary Patton is the Executive Director of the Planning and Conservation League, a statewide, nonprofit lobbying organization. For more than thirty years, PCL has fought to develop a body of environmental laws in California that is the best in the United States. PCL staff review virtually every environmental bill that comes before the California Legislature each year. It has testified in support or opposition of thousands of bills to strengthen California's environmental laws and fight off rollbacks of environmental protections.

Posted on August 20, 2007

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