Flavoring Workers' Lung (Popcorn/Diacetyl)

A reporter who ignores a whistleblower might miss an astonishing but true story. That’s one of the many lessons I learned from Andrew Schneider.  The investigative public health journalist died on February 17 from heart failure due to a respiratory disease. Schneider was respected by co-workers for his dogged search for the truth. Others, including myself, are also remembering him for his significant contributions to public health. My colleague, Bob Harrison, MD, MPH at University of California San Francisco told me “I tell my students about the importance of independent investigative…
At the Milwaukee Journal Sentinel, reporter Raquel Rutledge follows up her in-depth investigation into diacetyl exposure among coffee plant workers with news that the Centers for Disease Control and Prevention is looking into the hazardous exposures that some 600,000 people face as they work to roast, grind, package and serve coffee. Rutledge reports that in the wake of newspaper’s 2015 investigation, CDC is now conducting tests at facilities across the nation — in fact, the first test results from a coffee roasting facility in Wisconsin found very high levels of chemicals that have the…
It’s a toxic chemical that made headlines when it was linked to deaths and injuries among popcorn factory workers, and federal regulators are well aware of its dangers. But, unfortunately, diacetyl is still hurting workers. In “Gasping for Action,” reporter Raquel Rutledge at the Milwaukee Journal Sentinel writes about diacetyl, a chemical that tastes like butter and is used in food products and e-cigarettes, and the dangers it continues to pose to workers who breath it in, particularly coffee workers. She writes: Coffee roasters sometimes add it to flavor coffee. High concentrations of…
"If the California Public Health Department had been able to find out that my company was using a chemical that was killing people, I might never have gotten so sick that I had to have a lung transplant," Ricardo Corona told a California Judiciary Committee last April, testifying in favor of California Senate Bill (SB) 193 that Governor Jerry Brown signed into law on September 29th. The law, which amends California's Hazard Evaluation System and Information Service (HESIS), will become the first in the country to require companies that manufacture and distribute toxic chemicals to provide a…
While we're on vacation, we're re-posting content from last year. This post was originally published on April 30, 2013. By Celeste Monforton I take mine black, but millions of U.S. coffee drinkers love their java beans flavored to taste like hazelnut, buttered toffee, french toast and amaretto.   One supplier in Florida boasts of 47 different flavors.   Fans of flavored coffee beans pay a premium for them, but some workers in the bean processing plants are paying a steeper price: their health. This week's Morbidity and Mortality Weekly Report describes cases of obliterative bronchiolitis…
"I played by the rules. I worked to support my family. The unregulated industry virtually destroyed my life. These chemicals that are used on food in large-scale production must be tested, and proper instructions and labels supplied with their sale." Those were the words of Eric Peoples at a congressional hearing in 2007. He testified about his experience working at a food-manufacturing plant where he was exposed to flavoring chemicals including diacetyl. Those exposures led to severe lung damage. At the time of his testimony, Peoples was awaiting a lung transplant. Eric Peoples became one of…
I take mine black, but millions of U.S. coffee drinkers love their java beans flavored to taste like hazelnut, buttered toffee, french toast and amaretto.   One supplier in Florida boasts of 47 different flavors.   Fans of flavored coffee beans pay a premium for them, but some workers in the bean processing plants are paying a steeper price: their health. This week's Morbidity and Mortality Weekly Report describes cases of obliterative bronchiolitis diagnosed in two individuals who worked at a Texas coffee-processing company.    Bronchiolitis obliterans is a rare and serious obstructive lung…
With five days left in calendar year 2012, the Obama Administration released to the public its current plan for regulatory and deregulatory activities, including those affecting individuals exposed to hazards in their work environment.  Executive Order 12866 (adopted in 1993) says the annual regulatory plan “shall be” published in October, and the Regulatory Flexibility Act (5 USC 602) says the semi-annual regulatory agendas “shall” be published in April (Spring) and October (Fall).   The Obama Administration failed to meet either of these deadlines, and simply issued for 2012 one regulatory…
Last week, a jury in Chicago awarded $30.4 million to chemical-flavoring plant worker Gerardo Solis, 45, who suffers from the disabling lung disease bronchiolitis obliterans. Solis had worked at the Flavorchem Corp plant from 1998 to 2006 and was exposed to the butter-flavoring chemical diacetyl, which is associated with severe respiratory illnesses. Solis's attorney, Ken McClain, told the jury that Solis is totally disabled, with 25% of normal lung capcity; he will likely need a lung transplant within the next 10 years. The jury awarded the verdict against diacetyl supplier BASF Corp. Jeff…
Beginning in December 2006, I've written five blog post commenting on the content of the Department of Labor's (DOL) regulatory agenda for worker health and safety rulemakings. Most of my posts [see links below] have criticized the Labor Secretary and senior OSHA and MSHA staff for failing to offer a bold vision for progressive worker protections. Now that the Obama & Solis team have been on board for more than a year, I'm not willing to cut them any slack for being newbies. Regrettably, as with the Bush/Chao agendas, my posts today will question rather than compliment the OSHA team (…
Last week, the Small Business Advocacy Review Panel submitted its "Small Business Regulatory Enforcement Fairness Act" (SBREFA) Panel Report to acting OSHA chief Jordan Barab, on the draft proposed rule on worker exposure to diacetyl.  The 259-page document summarizes (and attaches) the comments of 16 "small entity representa-tives" (SERs) who would be potentially affected by the rule.   SER participants included Weaver Popcorn, American Popcorn and Tee Lee Popcorn,  (see full list on page 40 of the report) and the issues seem to fall out naturally among three types of employers:  the…
A few days ago, I expressed my annoyance with OSHA about its SBREFA meeting on the  draft proposed rule on diacetyl, the lung-damaging, butter-tasting food additive.   OSHA had announced earlier in the year that this pre-proposal dialogue with small employer would be "open to the public."  I anxiously awaited public notification about the open meeting, only to find out on Wednesday afternoon it had already taken place.  I asked myself: Did OSHA make an announcement about the date, time and place of the meeting and I just failed to see it?  I contacted OSHA's Office of…
Two months ago, I applauded OSHA for announcing that its SBREFA panel meeting on a draft diacetyl proposed rule would be open to the public.  Today, I feel schnookered.  OSHA hosted its teleconference-meeting yesterday (5/19) and today (5/20) with specially-selected small employers, but failed to provide meaningful notice to allow the public to participate.  Is a meeting really "public" if you don't tell the public? Or is it really public if you only tell a select few?    Not in my book. In my March 17 post OSHA's new direction on diacetyl, I noticed that OSHA's Federal Register…
Labor Secretary Solis announced today the next step in OSHA's effort to propose a rule to protect workers exposed to the butter-flavoring agent diacetyl.  The Small Business Administration and OSHA identified 13 "small-entity representatives" (SERs, defined by SBA as companies with 500 or fewer employees nationwide) to serve on the panel which allows them to review the proposed regulatory text and regulatory analysis, and make recommendations for changes to the draft proposed rule before it is published in the Federal Register for the standard public comment period.   In OSHA's letter…
The lung disease bronchiolitis obliterans came to be called âpopcorn workers lungâ because this once-rare disease started afflicting workers from microwave popcorn plants with an alarming frequency. Scientists traced the disease, which destroys sufferersâ lungs, to the butter-flavoring chemical diacetyl. Two unions petitioned the Occupational Safety and Health Administration to issue an emergency temporary standard for diacetyl, and to begin the rulemaking process for a permanent standard on flavorings. (For more on this, read our diacetyl case study or diacetyl page.) Health officials first…
With an announcement today in the Federal Register, Labor Secretary Solis' OSHA is moving in a new direction to address occupational exposure to diacetyl.  The butter-flavoring agent is associated with respiratory harm, including bronchiolitis obliterans.  Just six days ago, Ronald Kuiper, 69, a former American Pop Corn Co succumbed to the disease. OSHA announced it is withdrawing the advanced notice of proposed rulemaking (ANPRM) issued on January 21, 2009, and planning to convene a panel of small business representatives (SERs) as required by SBREFA.* With this move, OSHA may be …
[See update at end of post] The OMB website which lists those rules currently under review by OIRA has a new item today: something from OSHA on Diacetyl.   (See this screenshot for the OMB listing, and this reference to the rule on Regs.gov.)  You'll recall this is the butter-flavoring agent associated with severe respiratory disease in exposed workers, including individuals working in microwave popcorn plants. It's difficult to determine from either of these screenshots exactly what kind of document OMB/OIRA is reviewing for OSHA.  The only hint I see is the "prerule"…
TO:   All worker health and safety advocates, seekers of justice and protections for working people, and friends of healthy work environments:   The American Public Health Association's (APHA) OHS Section has not, and will not, forget about the deadly and disabling illnesses caused by workplace exposure to the butter flavoring agent diacetyl.  Our solidarity with workers is demonstrated through our scientific research, teaching and policy practice, and advocacy---and most recently, in song.  The "Popcorn Lung Roadhouse Blues," with lyrics written and sung by Luis Vazquez,…
Four U.S. Senators have written to Labor Secretary Chao and OSHA Asst. Secretary Foulke expressing serious concern that "OSHA has failed to make significant progress in addressing the continuing hazards" of diacetyl.  They asked for a response by October 8 to four simple questions, including a list of inspections conducted as part of OSHA's national emphasis program on diacetyl. 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.  …
The Seattle Post-Intelligencerâs Andrew Schneider reports on another lawsuit from a consumer who says his lungs have been damaged by years of microwave popcorn consumption. The most famous microwave-popcorn consumer, Wayne Watson of Denver, filed suit earlier this year. Watson drew national attention after he was diagnosed with bronchiolitis obliterans, a disease previously found only in workers from plants that used the butter-flavoring chemical diacetyl. (The Pump Handle was the first to publicize the fact that a popcorn consumer had been diagnosed with the disease; check our diacetyl page…