An Analysis of Violations of Osha’s (1987) Occupational Exposure to Benzene Standard

Abstract

The Occupational Safety and Health Administration (OSHA), which was formed by the Occupational Safety and Health Act of 1970 (OSH Act), establishes enforceable health and safety standards in the workplace and issues violations and penalties for non-compliance with these standards. The purpose of the current study was to evaluate the number and type of violations of the OSHA (1987) Occupational Exposure to Benzene Standard. Violations of the OSHA Hazard Communication Standard (HCS), particularly those that may pertain to specific provisions of the benzene standard, were also assessed. All analyses were based on OSHA inspection data that have been collected since the early 1970s and that are publicly available from the U.S. Department of Labor enforcement website. Analysis of these data shows that fewer than a thousand OSHA violations of the benzene standard have been issued over the last 25+ years. The results for benzene are in contrast to those for some other toxic and hazardous substances that are regulated by OSHA, such as blood-borne pathogens, lead, and asbestos, for which there have been issued tens of thousands of OSHA violations. The number of benzene standard violations also varies by time period, standard provision, industry sector, and other factors. In particular, the greatest number of benzene standard violations occurred during the late 1980s to early/mid 1990s, soon after the 1987 final benzene rule was promulgated. The majority of benzene standard violations also pertain to noncompliance with specific provisions and subprovisions of the standard dealing with initial exposure monitoring requirements, the communication of hazards to employees, and medical surveillance programs. Only a small fraction of HCS violations are attributed, at least in part, to potential benzene hazards in the workplace. In addition, most benzene standard violations are associated with specific industries within the manufacturing sector where benzene or benzene-containing products may be used or produced during production processes, such as petroleum refineries, metal industries, and chemical companies. Not surprisingly, the greatest number of benzene standard violations have been issued to private facility owners (rather than government entities), given that the OSH Act primarily covers private sector employers. More violations have also been issued during inspections where union representation was present and from complaint-driven (vs. planned or other) inspections, which is consistent with OSHA inspection priorities. Violations of the benzene standard have typically involved a single instance per facility and 10 or fewer exposed employees. Because the OSH Act prescribes penalty caps for citations, initial penalties issued for noncompliance with the benzene standard have generally been less than $5,000 per violation. Despite some potential limitations, the OSHA inspection database contains the best available data for assessing historical and current violations of the benzene standard. These data, which have not been previously analyzed or published for benzene, may be of interest to professionals and practitioners involved in benzene risk assessment, risk management, and/or public policy issues.