Why we must put Why we must put the precautionary the precautionary

principles to work at principles to work at workwork

Occupational Disease in the Occupational Disease in the US Semiconductor industry US Semiconductor industry as case-in-pointas case-in-point

Amanda Hawes JDAmanda Hawes JDAlexander, Hawes & AudetAlexander, Hawes & AudetWorksafeWorksafeNov. 2006 Nov. 2006

Workplace PELS for carcinogens and developmental toxics are much

weaker than environmental

standards.

like ‘limits’ of 25,000 mph when it takes 25 mph limits to prevent death and disability:

Toxic AgentToxic Agent

Best Best OCC OCC

STDDSTDD8 hr. 8 hr. TWATWA

Best Best Env. Env. STDDSTDD

NSRL or NSRL or MCLMCL

Env. Env. STDDSTDD

converteconverted to 8 d to 8

hr. TWAhr. TWA

YieldYield in in improveimproved worker d worker protectioprotectio

nn

BenzeneBenzene 1 ppm1 ppm 7 ug/day7 ug/day 1 ppb1 ppb 1,000:11,000:1

TCETCE 25 ppm25 ppm 80 ug/day80 ug/day 7 ppb7 ppb 3,571:13,571:1

PercPerc 25 ppm25 ppm 14 ug/day14 ug/day .3 ppb.3 ppb 8,333:18,333:1

Methylene Methylene ChlorideChloride 25 ppm25 ppm 0.005 0.005

mg/Lmg/L 1 ppb1 ppb 25,000:125,000:1

Some mainstays of semiconductor fabrication and electronics assembly:

Glycol ethers Chlorinated HC solventsAromatic HC solvents epoxiesarsenic, cadmium, chromium and nickel compounds

What’s missing from this picture?

1978 Campaign to Ban TCE (Cal-OSHA

lowers PEL from 100 to 25 ppm.)

1980 NIOSH HHE finds narcotic and irritant symptoms in clean room environment; all solvent exposures below PELs.

1981 HESIS repro alert on glycol ethers

1983 Cal- OSHA semiconductor study does not investigate reproductive and cancer hazards

1985 Media charge chip makers with keeping two sets of records for toxic exposures and systematically underreporting # of affected workers.

20 years ago…20 years ago…

First report of First report of elevated miscarriage elevated miscarriage and malaise ratesand malaise rates in clean rooms in clean rooms

First call for replacement of First call for replacement of ethylene glycol ethers: ethylene glycol ethers: ““Campaign to end the Campaign to end the Miscarriage of JusticeMiscarriage of Justice””

Microelectronics IndustryMicroelectronics Industry monograph alerts scientific and monograph alerts scientific and medical community to clean medical community to clean industry cancer riskindustry cancer risk

IBM workers ask about cancer in IBM workers ask about cancer in clean rooms. IBM says ‘clean rooms. IBM says ‘no no problemproblem’ ’

1999-2006:1999-2006: 7-Year 7-Year Saga as cancer data Saga as cancer data

mountmountClaiming both ‘confidentiality’ Claiming both ‘confidentiality’ and ‘junk science’ IBM resists and ‘junk science’ IBM resists workers’ efforts to: workers’ efforts to:

access the IBM Corporate access the IBM Corporate Mortality File (maintained for Mortality File (maintained for 30+ years)30+ years)

present Richard Clapp’s present Richard Clapp’s independent analysis of the independent analysis of the CMF in a lawsuit involving NHL CMF in a lawsuit involving NHL and breast cancer @ IBM San and breast cancer @ IBM San JoseJose

ensure publication of Clapp’s ensure publication of Clapp’s findings in the peer reviewed findings in the peer reviewed literatureliterature..

Cancer at Cancer at Big BlueBig Blue

Though Clapp’s cancer Though Clapp’s cancer findings were excluded findings were excluded from the IBM workers’ from the IBM workers’ cancer trial--which the 2 cancer trial--which the 2 workers then lost--Clapp’s workers then lost--Clapp’s analysis finally appears in analysis finally appears in the peer-reviewed the peer-reviewed literature October 2006. literature October 2006.

IBM didn’t want the story out because whyIBM didn’t want the story out because why??

ALLIANCE @ IBM ALLIANCE @ IBM DEMANDSDEMANDS

* Health * Health surveillancesurveillance of all IBM workers of all IBM workers

* * reduce exposures reduce exposures to toxic substances to toxic substances NOWNOW as part ofas part of transition to transition to

* * non-toxic substances non-toxic substances in all processes in all processes

* States compile and publish * States compile and publish cancer cancer mapsmaps of areas around computer of areas around computer manufacturing plants where manufacturing plants where employees are likely to reside. employees are likely to reside.

* fund to * fund to alleviate medical burdenalleviate medical burden on on affected IBM employees and their affected IBM employees and their families. families.

Clean rooms and Clean rooms and miscarriagemiscarriage

“ “ new concerns … may prove a new concerns … may prove a potential black eye for a high potential black eye for a high technology industry that … technology industry that … sought to portray itself as sought to portray itself as clean and with little impact on clean and with little impact on the environment. the environment.

Women exposed to certain Women exposed to certain chemicals … in the nation’s chemicals … in the nation’s semiconductor factories face a semiconductor factories face a significantly higher risk of significantly higher risk of miscarriage, a broad industry-miscarriage, a broad industry-financed study has found. The financed study has found. The study is the 3study is the 3rdrd in 4 years to in 4 years to find that … glycol ethers have find that … glycol ethers have toxic effects. “toxic effects. “

New York Times Oct 12 and Dec. 4, 1992New York Times Oct 12 and Dec. 4, 1992

Clean Rooms and Clean Rooms and Birth DefectsBirth Defects

Andrea was born with Andrea was born with hydrocephaly and agenesis of hydrocephaly and agenesis of the corpus callosum. the corpus callosum.

At conception and during her At conception and during her gestation her dad’s estimated 8 gestation her dad’s estimated 8 hr TWA exposures in the IBM hr TWA exposures in the IBM clean rooms included: clean rooms included:

ethylene glycol ethersethylene glycol ethers 5.1 ppm 5.1 ppm

xylenexylene 0.48 ppm 0.48 ppm

n-butyl acetaten-butyl acetate .44 ppm .44 ppm

And she wasn’t the only “clean And she wasn’t the only “clean room” baby born with problemsroom” baby born with problems. .

Clean rooms and Clean rooms and dirty secretsdirty secrets

Major malformations typically Major malformations typically occur in 1-2% of US live births; 5-occur in 1-2% of US live births; 5-10% are CNS malformations. 10% are CNS malformations. Thus, in 1000 live births 1-2 CNS Thus, in 1000 live births 1-2 CNS malformations and malformations and under .5 under .5 hydrocephaly cases expected.hydrocephaly cases expected.

From 1980-89 <1000 children From 1980-89 <1000 children were born to clean room workers were born to clean room workers at 2 IBM sites with high at 2 IBM sites with high miscarriage rates. At least miscarriage rates. At least three three were born withwere born with hydrocephalyhydrocephaly. Other CNS defects . Other CNS defects found in the group include found in the group include spina spina bifidabifida and and microcephalymicrocephaly

When you’re pregnant, When you’re pregnant, every day is bring -every day is bring -your child -to -work your child -to -work

dayday

““Charlotte” is a developmentally Charlotte” is a developmentally disabled young adult with normal disabled young adult with normal chromosomes. chromosomes.

She has microcephaly, longbone She has microcephaly, longbone anomalies, and needs a tracheal tube anomalies, and needs a tracheal tube to breathe. Her condition matches no to breathe. Her condition matches no recongized genetic syndrome. recongized genetic syndrome.

Mom’s estimated 8-hr TWA exposures Mom’s estimated 8-hr TWA exposures at work included:at work included:

leadlead: 0.0267 mg/m3 (PEL = 0.05 : 0.0267 mg/m3 (PEL = 0.05 mg/m3), mg/m3),

chromium VIchromium VI:: 0.023 mg/m3 (PEL = 0.5 0.023 mg/m3 (PEL = 0.5 mg/m3.) mg/m3.)

Born in 1986, “Jeff” has had several jaw surgeries, uses a trach, and is blind.

His mom was exposed to low ppm levels of ethylene glycol ethers and other standard clean room chemicals.

Warnings on reproductive effects from ethylene glycol ethers from the late 1970s and early 1980’s noted health effects in animals exposed below then-PELs.

TREATMENT COSTSTREATMENT COSTS

The Cost of Birth The Cost of Birth DefectsDefects calculates $8 calculates $8 billion for lifetime care billion for lifetime care for children born in the for children born in the US with major birth US with major birth defects in a defects in a single single yearyear..

* * Waitzman (1992)Waitzman (1992)

Practice precaution: close the gap

68 chemicals known to cause cancer or reproductive harm are unregulated by Cal-OSHA or regulated only for non-cancer effects.

AB 815 would help close the PEL gap by directing Cal-OSHA to use the State’s environmental risk assessment data in setting workplace standards.

25 states are OSHA “state plan” states with full authority to pursue Close the Gap remedies comparable to AB 815

Combat Combat disinformation:disinformation:

ChallengeChallenge hazard communications that imply hazard communications that imply that PEL compliance ensures against that PEL compliance ensures against cancer and reproductive harmcancer and reproductive harm

Challenge Challenge attempts to obscure sound attempts to obscure sound scientific evidence that chemically-scientific evidence that chemically-exposed workers suffer exposed workers suffer disproportionately from cancer and disproportionately from cancer and chronic diseasechronic disease

Workers have the right to know that current PELS don’t protect in a mixed chemical environment…and that occupational PELs are much weaker than environmental PELs

Health protection is Health protection is the best investmentthe best investment

Environmental control costs more when workplace emissions are out-of-control

Having to invest in engineering controls to Having to invest in engineering controls to meet a PEL creates an economic incentive to meet a PEL creates an economic incentive to switch to a safe alternativeswitch to a safe alternative

Legal remedies are often too little too late. Legal remedies are often too little too late. “No fault” workers compensation systems “No fault” workers compensation systems provide no real incentives to improve provide no real incentives to improve working conditions that lead to serious working conditions that lead to serious worker illness and deathworker illness and death..

The Cost of NOT protecting workers is hugeThe Cost of NOT protecting workers is huge: :

In California alone In California alone every 23 minutesevery 23 minutes another another California worker is disabled by chemical California worker is disabled by chemical exposure; exposure; another 18 workers die each dayanother 18 workers die each day as a result of occupational chemical as a result of occupational chemical exposures. (UC’s Green Chemistry report )exposures. (UC’s Green Chemistry report )

Without health-protective PELS as well, better haz com, green chemistry campaigns, and the threat of after-the-fact liability are just not enough to prevent toxic harm to workers and their offspring in the first place.