U.S. Labor Secretary Hilda Solis

DOL Withdraws Diacetyl Advance Notice of Proposed Rulemaking

Secretary of Labor Hilda L. Solis yesterday announced the withdrawal of an Advance Notice of Proposed Rulemaking (ANPRM) for occupational exposure to food flavorings containing diacetyl. According to DOL, the withdrawal will facilitate OSHA's timely development of a standard to protect workers from bronchiolitis obliterans, a serious and potentially fatal lung disease associated with such an exposure.

"I am alarmed that workers exposed to food flavorings containing diacetyl may continue to be at risk of developing a potentially fatal lung disease. Exposure to this harmful chemical already has been linked to the deaths of three workers," Solis said. "These deaths are preventable, and it is imperative that the Labor Department move quickly to address exposure to food flavorings containing diacetyl and eliminate unnecessary steps without affecting the public's ability to comment on the rulemaking process."

Solis' interest in this issue began when she was a member of Congress and workers in her former California district developed the irreversible lung disease after being exposed to this workplace hazard. At one time, she urged OSHA to issue an emergency temporary standard to protect these workers.

Withdrawing the ANPRM facilitates the convening of a small business advocacy review panel to determine the impact a proposed rule might have on small businesses and how those impacts can be reduced, consistent with the agency's statutory requirements. This panel process is required under the Small Business Regulatory Enforcement Fairness Act.

In keeping with President Obama's guidance to encourage public participation, collaboration, and transparency in government, all materials submitted prior to this withdrawal, as well as any other information submitted directly to OSHA after the withdrawal, will be put in the public rulemaking docket and will receive appropriate consideration as a part of the overall rulemaking record.

The public can submit comments by mail, hand delivery, or courier service to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. N.W., Washington, D.C. 20210. Comments that do not exceed 10 pages may be faxed to the Docket Office at 202-693-1648. All submissions should reference Docket Number 2008-0046.

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