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News Release: July 8, 2010

Contact: Joe Soldevere, (212) 860-0606

Rep. Maloney Seeks More
Info on Safety Measures for Oil-Spill Cleanup Workers

-Cleanup
from 9/11 Attacks Made Thousands Sick; NY Lawmaker Seeks to Make Sure “History
Doesn’t Repeat Itself”-

Washington,
D.C. -- Congresswoman Carolyn B.
Maloney (D-NY) today requested more information from the Occupational Safety
and Health Administration (OSHA) regarding the agency’s efforts to protect the
health of cleanup workers at BP oil spill sites.  In her letter to OSHA
Assistant Secretary David Michaels, a full copy of which follows, Rep. Maloney
asks what the agency is doing to make sure that cleanup workers are using
respirators and other protective gear, particularly in hot and humid weather; whether
OSHA’s team of 25 safety inspectors is sufficient to cover the entire oil spill
area; and whether the agency has set up a “1-800” number or other mechanism for
workers to report safety concerns.

“Thousands lost their health in the 9/11 cleanup, and we must make sure
history doesn’t repeat itself in the Gulf,” Maloney said.  “I appreciate the
work that OSHA and its partners are doing to address this unprecedented
challenge.  The health and safety of the people helping to clean and rebuild
the Gulf must not be compromised in the recovery from this disaster.  The
safety needs of cleanup crews at Ground Zero were neglected, with terrible
consequences.  We cannot overlook the importance of safety precautions again.”

###

July 8, 2010

Mr. David Michaels

Assistant Secretary

Occupational Safety and
Health Administration                                 

U.S.
Department Of Labor

200 Constitution Avenue

Washington
DC 20210

Dear Mr. Michaels,

I read with great interest your prepared testimony in late June before
the House Committee on Education and Labor, concerning all the efforts your
agency is making to keep those workers involved in the massive cleanup of the
BP Deepwater Horizon oil spill as safe as possible.  I appreciate the
extraordinary measures you and your agency are doing to address this
unprecedented challenge to the health and well being of the many charged with
cleaning and restoring the Gulf
Coast.

As you may know, I have been involved in efforts to address the long
term healthcare needs of the many workers in New York City who suffered catastrophic
health consequences due to their exposure to the toxic soup of elements and
hazards present in the immediate aftermath of 9/11 and in the cleanup efforts
that followed.  What may charitably be called an overly optimistic assessment
by members of the Bush administration of the risk of long-term exposure to that
environment cost many of those cleanup workers their health, even their lives.

Today, I find myself deeply concerned that the unprecedented size,
complexity, and duration of the BP oil spill cleanup operation may mean that
the risks of long term exposure to the many hazards the cleanup workers face
are underestimated.  In your testimony, you noted that those risks
include, but are not limited to, exposure to and inhalation of the fumes from
crude oil, oil byproducts, dispersants, cleaning chemicals and the smoke from
burn-off efforts at sea. You went on to list electrical hazards, the risk of
being hit by the numerous vehicles dropping off supplies, hazards from heat,
falls, drowning, fatigue, loud noises, sharp objects, as well as bites from
insects, snakes and other wild species native to the region.  

According to your testimony, there are a total of 33,000 people and
6,000 boats involved in the cleanup efforts in that extremely hazardous
environment.  And again according to your testimony, there are only 25
inspectors assigned solely to the Oil Response Cleanup.  That seems like
an awful lot of ground and a great many hazards for 25 people to cover.

My safety concerns were only underscored by the workshop that the Institute of Medicine
held last week in New Orleans,
where one of the big take away messages was that because of the uniqueness of
this spill, we really do not know the risks of long term exposure to such an
environment.  Another important issue raised is that while personal
protective equipment and respirators can effectively minimize the risks of
exposure to toxic chemicals, the gear is only effective if it is worn.
 And the gear may be discarded in conditions of high heat and humidity.
 The average daytime high in New
Orleans for the next two months is a hot, humid 91
degrees.

I have reviewed the NIOSH-OSHA Interim Guidance report for protecting
oil spill cleanup and response workers and value the recommendations and
precautions outlined in this report.  I am glad to see that these
recommendations include when respirators are needed by location and hazard as
well as what type of respirator should be worn.  However, I could not find
a clear indication of what OSHA will do to enforce the use of respirators.

This brings me to the purpose of this letter. I request from you the
following information:

●    How
will OSHA enforce the use of respirators and other protective clothing in those
conditions that require cleanup workers to wear them?

●    Given
that a simple shift in the wind can alter whether or not cleanup workers
require a respirator mask, how is OSHA ensuring timely and adequate monitoring
of conditions and hazards across the vast expanse of the spill?

●    What
scientific and systemic efforts has OSHA undertaken to balance the very serious
concerns of heat exhaustion with the need to wear personal protective
equipment, including respirators, in the appropriate risk environments?

●    Do
you have a “Safety-Whistleblower Hotline”? A well publicized “800” number where
workers can report safety lapses?

●    Are
the oversight resources of 25 inspectors currently available to OSHA adequate
for the task at hand?

●    What
steps is OSHA taking to ensure reports and data of health concerns are
collected in a centralized place?

●    In
assessing exposure to such a high risk environment, one that has never before
been encountered on such a scale, are you fully confident that you have
accounted for the true long term risks to cleanup workers health?

I look forward to your response and once again express my appreciation
for your efforts so far. I have no doubt that this is a very stressful and
difficult time for the men and women of OSHA.  Thank you all for your hard
work.

Sincerely,

CAROLYN
B. MALONEY

Member
of Congress

Joe Soldevere

Press Secretary

Rep. Carolyn B. Maloney

(212) 860-0606 office

(646) 831-1649 cell

maloney.house.gov