USW Testifies for Strong Industrial Disaster Prevention Authority

Worker involvement in developing chemical security plans seen as critical

Contact: Gary Hubbard, 202-778-4384 (O); 202-256-8125 (C);  ghubbard@usw.org

Washington, DC (Apr. 1, 2011) – A United Steelworkers (USW) expert on workplace chemical security issues testified yesterday before a U.S. House subcommittee on legislation to extend what are known as ‘Chemical Facility Anti-Terrorism Standards’ (CFATS), arguing that the proposal shouldn’t simply renew temporary measures passed in 2007, but needs to make improvements.

Testifying before the Subcommittee on Environment and the Economy, James S. Frederick, Assistant Director for USW Health, Safety and Environment, cited the union as part of a broad coalition of employers, communities, regulators and legislators for the issue. “Workers are the best source to identify vulnerable hazards and often have much more hands-on worksite experience to recommend solutions,” he said.

“To be fully effective, worker participation must be supported by strong and effective whistleblower protection,” Frederick added.

Leo W. Gerard, USW President, supported Frederick’s testimony that criticized H.R. 908 to maintain CFATS without improvements. “It would jeopardize the hundreds of thousands of US members employed at chemical-related facilities and residents who live in surrounding communities. We support the more comprehensive bills introduced by U.S. Sen. Frank Lautenberg (D-NJ) to address the preventable hazards these plants pose.”

Gerard said the better Senate bills were titled:  the “Secure Chemical Facilities Act,” and the ‘Secure Water Facilities Act.’

Frederick explained there are many weaknesses in the current CFATS rule that an extension won’t address. Among them: The standard prohibits the U.S. Department of Homeland Security (DHS) from requiring any specific security measure; it fails to develop the use of smart security to eliminate risks; and explicitly exempts thousands of chemical and port facilities – including 2,400 water treatment facilities and more than 400 facilities on navigable waters such as oil refineries.

He said CFATS fails to address the problem of risk shifting, such as when companies shift chemical hazards to unguarded locations like rail sidings. Frederick used an example of a uranium processing plant run by Honeywell Corp. in Metropolis, Ill., where the community has been put at risk with railcars of hydrofluoric acid being stored at off-site property. The USW represents 230 workers involved in a labor dispute at the plant.

The USW industrial safety representative further testified that any legislation on chemical security should achieve the following:

• Require facilities that pose the greatest risk to assess safer chemical processes and to conditionally require the use of safer chemical processes, where feasible and commercially available;
• Provide resources to assist facilities to use safer and more secure processes;
• Require worker involvement in the development of security plans, provide protections for whistleblowers, and limit background check abuses; 
• Preserve state authority to establish stronger security standards.

Highlights of the stronger chemical security bills introduced in the U.S. Senate can be reviewed at Sen. Lautenberg Introduces Bills to Increase Protections for Communities Near Chemical and Water Plants.

Click Here for a copy of Fredrick’s testimony.

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