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BP Disaster Shows Challenges in Federal Decision-Making Structure on Safety Policies for Cleanup Workers, CPR Report Says

Today CPR releases a new white paper, From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers (press release), a look at how decisions were made about safety protections for cleanup workers in the aftermath of the BP oil spill -- and the lessons for the future.

The federal government's pre-disaster planning on worker safety issues didn't adequately consult the safety experts, and that meant the decision-making in the immediate wake of the spill couldn't be adequate. Too many cleanup workers in the Gulf were given inadequate training on the use of personal protective equipment. Employers and individual workers were left to determine on their own how to resolve the difficult question of what level of protections, such as respirators, to use.

OSHA and the National Institute for Occupational Safety and Health (NIOSH) are constrained to limited roles for planning for and implementing regulations related to oil spill disasters under the Oil Pollution Act of 1990, the statute governing oil spill response. As a result, the federal government's advance planning for disaster response doesn't adequately incorporate agency expertise best suited for planning for worker safety issues in disaster cleanup.

Our report credits OSHA and NIOSH staff for developing workable solutions to problems with training, air monitoring, personal protective equipment, and recordkeeping in the weeks following the spill, demonstrating how invaluable their expertise is during the response—and would have been in developing initial regulations, had they been involved in that process. The recommendations in the report are mostly changes that could be made by the EPA and the Coast Guard.

The report's recommendations also call for the White House to seek an emergency, supplemental appropriation for OSHA to replace the substantial extra resources consumed by this unprecedented response.

The white paper was written by CPR Member Scholars Rebecca Bratspies, Alyson Flournoy, Thomas McGarity, Sidney Shapiro, Rena Steinzor, and CPR Policy Analyst Matthew Shudtz.

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Ben Somberg | September 14, 2010

BP Disaster Shows Challenges in Federal Decision-Making Structure on Safety Policies for Cleanup Workers, CPR Report Says

Today CPR releases a new white paper, From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers (press release), a look at how decisions were made about safety protections for cleanup workers in the aftermath of the BP oil spill — and the lessons for the future. The […]

Matt Shudtz | September 8, 2010

Scientific Uncertainty About BPA Is the Inevitable Result of a Broken TSCA

In Tuesday’s New York Times story, “In a Feast of Data on BPA Plastic, No Final Answer,” Denise Grady characterizes the continued development of new studies about the endocrine disrupting chemical as yet another dispute between environmentalists and chemical manufacturers over a ubiquitous chemical with uncertain health effects. While her assessment of the state of the […]

Alyson Flournoy | September 3, 2010

Painting by Numbers: A Recipe for Disaster

Five years after Hurricane Katrina, the BP oil spill offers a chance to learn a lesson that we should have learned five years ago.  Certainly, the two events differ in important ways – the hurricane itself was a force of nature, and the oil well blowout although powered by nature, was clearly the result of […]

Ben Somberg | September 3, 2010

Programming Note: Shapiro on Leslie Marshall Radio Show This Evening

CPR Member Scholar Sidney Shapiro will be on the Leslie Marshall Show at 7:20ET this evening discussing regulatory failures, from the BP oil spill to the Katrina disaster of five years ago, and the lessons learned. The program is syndicated on TalkUSA and streams live.

Yee Huang | September 2, 2010

For the Price of a Speeding Ticket: Raw Sewage in a River Near You

The Capital of Annapolis reported recently on the alarmingly low penalties assessed by the Maryland Department of Environment for massive spills of raw sewage—containing a mix of untreated human, residential, agricultural, and industrial wastewater—into the state’s waters. This article supports one of the key findings from CPR’s report, Failing the Bay: Clean Water Act Enforcement in […]

James Goodwin | September 1, 2010

The Costs of Regulatory Delay: Could We Have Stopped 1,470 From Being Sickened by Salmonella-Laced Eggs?

On July 9, 2010, following more than 10 years of interference and delay, the Food and Drug Administration’s rule to prevent salmonella contamination in eggs finally went into effect. FDA officials have argued that this rule—which, among other things, requires farms to test eggs and facilities for salmonella, protect feed and water from contamination, and buy […]

Catherine O'Neill | September 1, 2010

Egg Industry’s Effort to Push Salmonella Problem as Consumers’ Fault A Worrying Example of ‘Risk Avoidance’ Policy Approaches to Health and Safety Regulation

According to the egg industry, the thousands of people sickened by eggs contaminated with Salmonella enteritidis have only themselves to blame. As USA Today reported: “Consumers that were sickened reportedly all ate eggs that were not properly or thoroughly cooked. Eggs need to be cooked so that the whites and yolks are firm (not runny) which […]

Ben Somberg | August 31, 2010

Not Carbon Offsets, but Carbon Upsets

CPR Member Scholar Douglas Kysar has an opinion piece in the Guardian making the case for Carbon Upsets. Upsets, you ask? That is: Rather than award credits based on development that moves us toward a cleaner but still very dirty future, why not award credits to legal and political actions that have more dramatic impact? […]

Sidney A. Shapiro | August 31, 2010

Boehner’s Attack on Regulation Runs Afoul of Lessons From BP and Katrina

Cross-posted from the Huffington Post. Eager to blame the state of the economy on the Administration, House Minority Leader John Boehner recently tried to argue that the Administration’s regulatory agenda is standing in the way of recovery. Sadly for Boehner, he tried to make that case shortly before the fifth anniversary of Hurricane Katrina, and […]