BILL ANALYSIS
AB 514
Page 1
ASSEMBLY THIRD READING
AB 514 (Lieber)
As Amended April 9, 2007
Majority vote
LABOR AND EMPLOYMENT 5-3 ENVIRONMENTAL SAFETY 5-2
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|Ayes:|Swanson, DeSaulnier, |Ayes:|Huffman, Eng, Evans, |
| |Laird, Leno De La Torre | |Feuer, Nava |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Adams, Gaines, Galgiani |Nays:|Smyth, Jeffries |
| | | | |
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APPROPRIATIONS
(vote not available)
SUMMARY : Requires the Occupational Safety and Health Standards
Board (Standards Board), no later than January 30, 2008, to
adopt a standard to prohibit the use of diacetyl in the
workplace by 2010, except for naturally occurring diacetyl.
EXISTING LAW establishes the Standards Board as the only agency
in the state authorized to adopt occupational safety and health
standards and requires it to adopt occupational safety and
health standards that are as least as effective as federal
standards promulgated under the Occupational Safety and Health
Act of 1970.
FISCAL EFFECT : According to the Assembly Committee on
Appropriations, this bill will result in unknown enforcement
costs to the Division of Occupational Safety and Health (DOSH),
as well as potential state and local revenue reductions to the
extent that the ban results in reduced flavoring and
food-related manufacturing in California.
COMMENTS : Significant concern has developed recently over
worker exposure to diacetyl, a food flavoring agent that may be
linked to a serious lung disease called bronchiolitis
obliterans. The concern has been exacerbated in recent months
following the diagnosis with the disease of workers from two
California flavoring manufacturing companies that use diacetyl.
As a result, there has been an effort to address this issue
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administratively at both the state and federal levels.
This bill would require the Standards Board (no later than
January 30, 2008) to adopt a standard prohibiting the use of
diacetyl in the workplace by 2010.
Supporters, including the California Labor Federation, AFL-CIO
and the United Food and Commercial Workers, argue that since the
science is still silent on whether or not there even is an
exposure limit at which workers would remain safe and healthy if
exposed to diacetryl, they believe the Legislature should phase
out its use, especially since alternative flavorings that
release less volatile chemicals are available. While opponents
may argue that the regulatory process should be allowed to run
its course, supporters contend that immediate legislative action
is necessary to ensure that additional workers do not fall prey
to this debilitating and sometimes deadly disease.
The California Chamber of Commerce (Chamber) argues that this
bill is an "unwarranted attempt to bypass the effective process
and statutory authority" of DOSH and the Standards Board. The
Standards Board and DOSH have convened an advisory committee to
address the health risks associated with the use of diacetyl in
food production as well as flavor manufacturing. According to
the Chamber, the prudent approach to addressing the use of
diacetyl in the workplace is to take into consideration the
risks and the use patterns in the food manufacturing and
flavoring processes. At this point, the data is insufficient to
suggest that any and all exposure to diacetyl in the workplace
poses a risk. Therefore, the Chamber supports continuing the
process with DOSH to create a targeted and thoughtful regulatory
approach to protect employees at risk from exposure to diacetyl.
The Grocery Manufacturers/Food Products Association (GMA/FPA)
opposes this bill, arguing that the proposal for a complete
workplace ban on diacetyl is premature and unnecessary, and that
the advisory committee process should be given an opportunity to
work before imposing a complete ban. GMA/FPA notes that the
standards that emerge from this consensus process usually move
through the public hearing process with little or no controversy
and are normally incorporated with ease into business workplace
safety and health programs. Recommendations for new standards
use information provided by all stakeholder, including the
submission of sound scientific data covering the breadth of
scientific information available on an issue. GMA/FPA is
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concerned that this bill does not take any of that information
into consideration, only proposing to ban a product without
knowledge of all of the facts.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0001082