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Unions Decry CSB Failure to Demand Stronger OSHA Safeguards Against Reactive Chemical Explosions

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Tue Sep 15, 2009 1:40pm EDT

JACKSONVILLE, Fla.--(Business Wire)--
Several international unions representing hundreds of thousands of chemical
industry workers today criticized the U.S. Chemical Safety Board (CSB) for
abrogating its mandate to recommend strong EPA and OSHA standards to prevent
runaway reactions in chemical factories, and urged the board to repeat its prior
recommendations in the final report when they adopt it tonight. 

The unions were reacting to the CSB`s new report on a deadly chemical incident
in Jacksonville, FL, on December 19, 2007, which destroyed T2 Laboratories, a
specialty chemical producer. The explosion killed four people and injured 32
others. According to an earlier CSB news release, the accident occurred when T2
mixed more than half a ton of highly reactive sodium metal with other chemicals
in a process to make a gasoline additive, creating a 2000-foot-high fireball. 

"The T2 explosion is yet more evidence of the need for stricter regulation and
oversight of the chemical industry," said Leo Gerard, President, United Steel
Workers. "For eight years the Bush administration ignored calls for stronger
chemical process safety rules, and now American workers are paying for those
flawed decisions with their lives." 

"The CSB agreed today that their prior recommendations to OSHA were still
`open,` but let the issue drop there," said Eric Frumin, Health and Safety
Coordinator, Change to Win. "If the Board persists in flouting its mandate, it
will require new leadership to assure that its mission is accomplished." 

"Workers remain exposed to the possibility of these deadly explosions, and the
least the CSB can do is to fully investigate these tragic events," said John
Morawetz, Sr. Health and Safety Coordinator for the United Food and Commercial
Workers International Union. 

The U.S. Chemical Safety Board (CSB) released a major report in December 2002,
which pointed out serious deficiencies in OSHA`s Process Safety Management (PSM)
standard. It called reactive chemical incidents a "significant chemical safety
problem," and said the incidents have the potential for occurring at a wide
range of worksites and "can severely affect workers and the public, as well as
cause major economic losses and environmental damage." Reactive chemicals are
substances and mixtures that can react or decompose violently during industrial
processing. 

When Bush administration officials refused to follow the recommendation, the
unions petitioned the Occupational Safety and Health Administration in 2003 to
amend PSM standard to strengthen its regulation of reactive chemicals and how
they should be stored and handled to prevent explosions, fires and toxic
releases in communities across America. 

The unions have urged OSHA and the Environmental Protection Agency to act on
reactive chemicals since 1995. They petitioned OSHA for an emergency temporary
standard on reactive chemicals after two union members and three supervisors
were killed in an April 1995 fire and explosion at Napp Technologies in Lodi,
N.J. OSHA responded by adding this issue to OSHA`s "Regulatory Agenda" -
admitting the seriousness of the problem, and promising to fix it. 

According to the CSB, even before the severe T2 incident in Florida,
approximately 249 incidents have occurred since the CSB issued its 2002 Report
and Recommendation to OSHA, which killed three people, injured 220 people, and
resulted in the requested evacuation of over 24,000 people. Based on a review of
limited data, the CSB had identified 167 reactive incidents between 1980 and
2001, resulting in 108 fatalities. Since 1993, when the PSM standard became
effective, there have been at least 92 reactive chemical incidents, in many of
which - like the T2 incident -- OSHA had no authority to find any violations or
order corrections of hazards related to reactive chemical hazards. 

The CSB report recommended that OSHA make improvements in the PSM standard to
help prevent additional reactive incidents. OSHA officials appointed by
President Bush responded by eliminating the PSM revisions from OSHA`s 2002
Regulatory Agenda. Subsequent investigations revealed that the chemical industry
had donated substantial sums to the Bush election campaign, and later included
the proposed OSHA standards on a "hit list" of 57 regulations targeted by
business groups, was solicited for White House budget officials. 

In 2003, the CSB specifically criticized OSHA for failing to implement the
Board`s 2002 Recommendation - terming OSHA`s response "unacceptable." 



Change to Win
Eric Frumin, Health and Safety Coordinator
(cell) 917-209-3002
or
United Steel Workers Health, Safety and Env. Dept.
Jim Frederick, Ass`t Dir.
(c) 724-462-5364, (o) 412-562-2586
or
United Food & Commercial Workers Health & Safety Department
John Morawetz, Sr. Coordinator
(o) 513-621-8882



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