OSHA seeks input on chemical exposures at work

National dialogue on chemical exposures and permissible exposure limits in the workplace launched

Only a fraction of thousands of chemicals
used today has been tested - and that
info is often outdated, experts say.

The U.S. Department of Labor's Occupational Safety and Health Administration announced it is launching a national dialogue with stakeholders on ways to prevent work-related illness caused by exposure to hazardous substances.

The first stage of this dialogue is a request for information on the management of hazardous chemical exposures in the workplace and strategies for updating permissible exposure limits.

OSHA's PELs, which are regulatory limits on the amount or concentration of a substance in the air, are intended to protect workers against the adverse health effects of exposure to hazardous substances.

Ninety-five percent of OSHA's current PELs, which cover fewer than 500 chemicals, have not been updated since their adoption in 1971.

The agency's current PELs cover only a small fraction of the tens of thousands of chemicals used in commerce, many of which are suspected of being harmful.

Substantial resources are required to issue new exposure limits or update existing workplace exposure limits, as courts have required complex analyses for each proposed PEL.

"Many of our chemical exposure standards are dangerously out of date and do not adequately protect workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

"While we will continue to work on updating our workplace exposure limits, we are asking public health experts, chemical manufacturers, employers, unions and others committed to preventing workplace illnesses to help us identify new approaches to address chemical hazards."

OSHA is seeking public comment regarding current practices and future methods for updating PELs, as well as new strategies for better protecting workers from hazardous chemical exposures. Specifically, the agency requests suggestions on:

• Possible streamlined approaches for risk assessment and feasibility analyses and
• Alternative approaches for managing chemical exposures, including control banding, task-based approaches and informed substitution.

The goal of this public dialogue is to give stakeholders a forum to develop innovative, effective approaches to improve the health of workers in the United States.

In the coming months, OSHA will announce additional ways for members of the public to participate in the conversation.

The comment period for the RFI lasts for 180 days. Instructions for submitting comments are available in the Federal Register, Docket No. OSHA-2012-0023.

Source: OSHA

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OSHA works to update chemical exposure limits

Exposure to air contaminants at work has
been linked to many health problems.

In an apparent effort to kickstart agency action on updating permissible exposure limits for hundreds of chemicals, the Occupational Safety and Health Administration asked the White House April 15 to approve a request to gather information on ways to address chemical exposure.

OSHA cited widespread agreement that the majority of the agency's exposure limits are decades out-of-date and need revising.

But agency attempts have gone nowhere since a 1992 appeals court decision scuttled a blanket measure on exposure limits for nearly 400 chemicals.

The specifics of OSHA's request for information (RIN: 1218-AC74) won't be publicly available until the White House Office of Management and Budget completes its review.

Agencies typically issue formal requests for information in the context of setting up future rulemaking, but OSHA may be soliciting views on a range of alternatives.

The problem of outdated exposure limits seems to need a creative solution, given the legal, political and practical restrictions that OSHA faces.

Working on exposure limits one chemical at a time is nearly impossible given the agency's limited resources, said Aaron Trippler, director of government affairs at the American Industrial Hygiene Association.

Changing the law to update the limits and amend the process to make it easier for OSHA to update the limits moving forward is complicated by the reality of Congress actually drafting, introducing and passing legislation, Trippler said.

“That doesn't leave too many other options,” so OSHA is putting out a request for information, Trippler told Bloomberg BNA. “By chance there may be something no one has thought of to date.”

Alternatives to Rulemaking?

OSHA has tried non-regulatory efforts to mitigate the potential for worker harm that results from out-of-date exposure limits.

In October 2013, the agency launched a pair of online tools to help employers substitute safer chemicals and use more protective exposure limits on a voluntary basis.

Some employers have been using exposure limits that are more protective than OSHA's as a matter of good practice or by agreement in union contracts, Jim Frederick, United Steelworkers' assistant director for safety and health, told Bloomberg BNA.

But Frederick said OSHA-enforced limits create a level playing field for employers, since competing businesses all have to make the investments to meet the same limit, and for workers, who would be afforded the same degree of protection no matter where they work.

OSHA has permissible exposure limits for various forms of about 300 chemicals, established in 1971, that are based on science from the 1950s and 1960s. In 1989, the agency issued a rule that revised 212 existing limits and established 164 new ones. But that rule faced a legal challenge from industry, which said the limits were too stringent, and from labor, which said some were too weak.

The agency resumed enforcing the 1971 limits.

Should the agency decide to move forward with rulemaking on updating the exposure limits, it would be a long process that would probably require the commitment of whoever takes over the White House after the 2016 presidential elections. The Government Accountability Office found OSHA rulemaking took an average of more than seven years.

Source: Bloomberg This article has been edited for length.

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California adds diisononyl phthalate to carcinogen list

More chemicals added to list of
carcinogens in California.

The Office of Environmental Health Hazard Assessment added a common plasticizer, diisononyl phthalate, to the list of carcinogens the agency maintains under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.

The listing has been effective since Dec. 20, 2013.

OEHHA's Carcinogen Identification Committee considered the scientific evidence for listing diisononyl phthalate and butyl benzyl phthalate, another additive used to make materials softer and more pliable, as carcinogens under Proposition 65, at a Dec. 5 meeting in Sacramento.

The committee determined the scientific data “clearly’’ showed diisononyl phthalate could cause cancer, a Dec. 12 notice showed. As to butyl benzyl phthalate, the committee voted against adding it to the list of carcinogens.

Proposition 65 requires California to maintain a list of chemicals known to cause cancer, birth defects or reproductive toxicity. Businesses must provide clear warnings whenever exposing the public to an unsafe level of a listed substance.

OEHHA's next step will be to establish a safe exposure level for diisononyl phthalate.

Both phthalates are high production volume chemicals, meaning they are made in or imported into the U.S. in volumes of 1 million pounds or more annually, according to the U.S. Environmental Protection Agency.

Butyl benzyl phthalate (BBP) is used in polyvinyl chloride products, including flooring tiles and carpet backing, and as additive in food packaging materials, medical devices, leather coatings, paint, adhesives and inks.

Since 2009, federal and California laws have restricted the sale and distribution of toys and child care articles containing BBP concentrations of more than 0.1 percent (1,000 parts per million).

Diisononyl phthalate (DINP) is a general purpose plasticizer used in a variety of products including vinyl flooring, wire and cable insulation, stationery, coated fabrics, gloves, toys, tubing, garden hoses, footwear, automobile undercoatings and roofing materials. The phthalate ester also is found in rubbers, inks, paints, lacquers and sealants.

California law bars the sale and distribution of toys and child care products with DINP concentrations that exceed 0.1 percent.

OEHHA's advisory committee listed DINP based on animal studies showing oral exposure increased the incidence of liver tumors, islet cell tumors of the pancreas and mononuclear cell leukemia (spleen) in male and female rats; kidney tumors in male rats; testicular cell cancer in male rats; and uterine tumors in female rats.

Several industry groups submitted written comments in November opposing the listing of DINP as a carcinogen.

OEHHA's hazard identification document for DINP didn't provide a balanced and complete summary of the scientific evidence, they said.

Source: Bloomberg News

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Silica exposure limits on the cutting block

Silica exposure can cause lung cancer.

(Reuters Health) - The U.S. government is planning stricter controls on exposure to silica, a carcinogen found in workplaces ranging from dentist's offices to granite quarries, according to a new report.

Silica is powdered quartz, in particles so small they can be inhaled deep into the lungs.

The Occupational Safety and Health Administration (OSHA) estimates that 2.2 million people in the U.S. are exposed to silica at work, including 1.85 million construction workers.

Other occupations carrying a risk of silica exposure include sandblasting, mining, stone grinding, as well as ceramic and glass manufacturing. Dental assistants may be exposed if they grind silica-containing casts and porcelains.

Silica has long been known to cause silicosis, and evidence now confirms that silica exposure can cause lung cancer as well, Kyle Steenland of Emory University in Atlanta, a co-author of the new report, told Reuters Health.

Silicosis causes varying degrees of breathing difficulty, and there is no cure or treatment. Recent research has also shown that non-smokers can get lung cancer from silica exposure, and that people who develop silica-related lung cancer don't always have silicosis, Steenland and his colleague Elizabeth Ward of the American Cancer Society note.

Lower exposure limits

OSHA is planning to lower permissible levels of silica exposure from 0.1 milligrams per cubic meter of air to 0.05 mg/m3, which the agency estimates will save 700 lives per year, and prevent 1,700 cases of silicosis annually. The current standard dates back to 1971.

The preferred approach to reducing silicon exposure is to use less hazardous materials, ventilate work areas where silicon dust is produced and use water-based methods so dust can't escape into the air, Steenland said.

"Respirators may be useful for workers in short-term high exposure situations, but are generally not recommended as the primary means of exposure control due to worker discomfort, difficulties in communicating with others, lack of compliance and enforcement, and the fitting and maintenance requirements," Steenland and Ward write in their report, published in CA: A Cancer Journal for Clinicians

Anyone who has been exposed to silica and smokes should quit, Steenland said in an interview. Smoking aggravates the carcinogenic effects of silica, and smokers with high silica exposure can cut their risk of lung cancer up to five-fold by quitting, according to the new report.

People with a history of silica exposure may also qualify to undergo screening for lung cancer using CT scanning, the investigators note.

OSHA recently extended the public comment period for the proposed silica exposure rule to January 27, 2014. [Update: The comment period is now extended to Feb. 11. See more info here.]

While there is always a balance between worker protection and employers' interests, "I'm fairly confident that this standard will be put into place," Steenland said.

Source: Reuters

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