S.Amdt. 3390

1. Adds SEC. __. ISSUANCE OF STANDARD ON DIACETYL wherever appropriate

   Adds a section

   Inserted: SEC. __. ISSUANCE OF STANDARD ON DIACETYL.

   Inserted: (a) Interim Standard.--

   Inserted: (1) Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating worker exposure to diacetyl. The interim final standard shall apply--

   Inserted: (A) to all locations in the flavoring manufacturing industry that manufacture, use, handle, or process diacetyl; and

   Inserted: (B) to all microwave popcorn production and packaging establishments that use diacetyl-containing flavors in the manufacture of microwave popcorn.

   Inserted: (2) Requirements.--The interim final standard required under subsection (a) shall provide no less protection than the recommendations contained in the NIOSH Alert "Preventing Lung Disease in Workers Who Use or Make Flavorings" (NIOSH Publication 2004-110) and include the following:

   Inserted: (A) Requirements for engineering, work practice controls, and respiratory protection to minimize exposure to diacetyl. Such engineering and work practice controls include closed processes, isolation, local exhaust ventilation, proper pouring techniques, and safe cleaning procedures.

   Inserted: (B) Requirements for a written exposure control plan that will indicate specific measures the employer will take to minimize employee exposure; and requirements for evaluation of the exposure control plan to determine the effectiveness of control measures at least on a biannual basis and whenever medical surveillance indicates abnormal pulmonary function in employees exposed to diacetyl, or whenever necessary to reflect new or modified processes.

   Inserted: (C) Requirements for airborne exposure assessments to determine levels of exposure and ensure adequacy of controls

   Inserted: (D) Requirements for medical surveillance for workers and referral for prompt medical evaluation.

   Inserted: (E) Requirements for protective equipment and clothing for workers exposed to diacetyl.

   Inserted: (F) Requirements to provide written safety and health information and training to employees, including hazard communication information, labeling, and training.

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   Inserted: (3) Effective date of interim standard.--The interim final standard shall take effect upon issuance. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655).

   Inserted: (4) Limitation on application of certain provisions.--Federal laws relating to timelines for the promulgation of interim final standards of the type provided for under this subsection shall not apply to the standard promulgated under this subsection.

   Inserted: (b) Final Standard.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard regulating worker exposure to diacetyl. The final standard shall contain, at a minimum, the worker protection provisions in the interim final standard, a short term exposure limit, and a permissible exposure limit that does not exceed the lowest feasible level, and shall apply at a minimum to all facilities where diacetyl is processed or used.

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   Original wording

   At the appropriate place, insert the following:

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As printed