Link to OSHA's Metalworking Fluid Safety and Health Web Page
2004 March	The suit - The United Auto Workers and United Steelworkers of America vs the U.S. Occupational Health and Safety Administration - petition for OSHA standard for Metalworking Fluids (Nov 2003) The decision - The Court has denied the unions’ petition for review. The Court’s analysis contains three parts: 1) the statutes to be reviewed; 2) whether OSHA had a statutory duty to regulate MWFs; and 3) whether OSHA’s refusal to regulate MWFs was arbitrary and capricious.The statutes reviewed by the Court were the Occupational Safety and Health Act (specifically section 655)(OSH Act) and the Administrative Procedures Act (APA). All of the parties to the litigation told the Court that these were the two relevant statutes.The Court dispatched the unions’ argument that OSHA had a mandatory duty to act within 60 days of receiving a recommendation from an advisory committee. The Court stated that there is nothing in the OSH Act that requires the OSHA Administrator to cede his discretionary authority to an advisory committee. The Court agreed that the statute confirms the Administrator’s discretion. The Court said, “OSHA never decided to regulate MWFs, much less, formally initiated rulemaking proceedings with the publication of a proposed rule.” Accordingly, the Court found that OSHA was not under a mandatory duty to regulate MWFs. The Court also agreed with OSHA’s assessment that a MWF rulemaking would be time consuming and difficult because “MWFs come in a variety of types, numerous combinations, and many forms.” Further, the Court said that “Exposure to one likely has different hazardous effects than to another.” While the Court said it is sympathetic to the workers, the Secretary has broad discretion to set the regulatory agenda of the agency, and the decision to direct OSHA’s scant resources elsewhere was neither arbitrary nor capricious.
2003 December	OSHA responded to the UAW petition stating that it had recently reviewed the evidence on MWFs again. As a result of that review, OSHA determined that rulemaking is not appropriate at this time. OSHA stated that other actions should be taken that, together with the comprehensive guidance already available, would constitute an effective and appropriate response to the hazards machinists and others exposed to MWFs may face. OSHA believes that a flexible approach, incorporating “best practices” guidelines, coupled with outreach and education efforts, is the most appropriate response to the information and will effectively reduce the hazards exposed workers may face. Another concern highlighted in the UAW petition is whether the Material Safety Data Sheets (MSDSs) on MWFs accurately describe the hazards associated with these chemicals and mixtures. OSHA will notify its field staff of the type of information that should appear on MSDSs for metalworking fluids to ensure appropriate reviews. OSHA stated that it is also participating in an Alliance with ILMA (of which Quaker is an active member) to help in further identifying hazards and ways of addressing them, and in developing additional education and outreach materials. OSHA believes all of these tools will enable workers and employers to control exposures to MWF hazards effectively.
October	The United Auto Workers (UAW) and the United Steelworkers of America (USWA) filed suit today against U.S. Secretary of Labor Elaine Chao, seeking to compel the U.S. Occupational Safety and Health Administration (OSHA) to set clean air standards in U.S. factories. The suit asks the court to order OSHA to issue standards reducing the permissible exposure to metalworking fluids in U.S. workplaces.
2001 December	Following the publication of its health and safety guide for metalworking fluids (MWFs), the Occupational Safety and Health Administration (OSHA) announced that it withdrew its controversial proceeding concerning metalworking fluids (MWFs). In the regulatory agenda published by OSHA, the Agency noted that publication of the Best Practices Manual meets the objectives of the rulemaking proceeding. As a result, further rulemaking action is being withdrawn from the agenda. The regulatory agenda states, "OSHA believes that the availability of this comprehensive and authoritative outreach material will greatly reduce the health hazards machinists and others exposed to these fluids may face. Accordingly, and in light of resource constraints, OSHA is withdrawing this entry from the agenda at this time."
November	The Occupational Safety and Health Administration (OSHA) has released an 89-page health and safety guide for metalworking fluids (MWFs). "Metalworking Fluids: Safety and Health Best Practices Manual". The manual provides general information about metalworking fluids and recommends a systems management approach to control exposure and minimize contact with the fluid.
1999	After almost two years of deliberations, the majority of the MWFSAC officially voted to recommend that the Occupational Safety and Health Administration promulgate a health standard under section 6(b)(5) of the Occupational Safety and Health Act, which would include a permissible exposure limit of 0.5mg/m3, exposure assessment, medical surveillance, and training.
1997	OSHA convened and chartered the Metal Working Fluids Standard Advisory Committee (MWFSAC) "to recommend to OSHA an occupational safety and health standard, guideline, or other appropriate response to mitigate the adverse health effects associated with occupational exposure" to metal working fluids (MWF).
1993	The International Union, United Automobile Aerospace and Agricultural Implement Workers of America (UAW), petitioned OSHA to take emergency regulatory action to protect workers from the risks of occupational cancers and respiratory illnesses due to exposure to MWFs.

Withdrew Metalworking Fluids Rulemaking

December 2001

Following the publication of its health and safety guide for metalworking fluids (MWFs), the Occupational Safety and Health Administration (OSHA) announced that it withdrew its controversial proceeding concerning metalworking fluids (MWFs). The news was noted in the semi-annual publication of OSHA's regulatory agenda in early December 2001, which summarized the status of then current rulemaking projects and highlights priorities for the next twelve months.

In December 1993, the International Union, United Automobile Aerospace and Agricultural Implement Workers of America (UAW), petitioned OSHA to take emergency regulatory action to protect workers from the risks of occupational cancers and respiratory illnesses due to exposure to MWFs. In the regulatory agenda published by OSHA, the Agency noted that publication of the Best Practices Manual meets the objectives of the rulemaking proceeding. As a result, further rulemaking action is being withdrawn from the agenda. The regulatory agenda states, "OSHA believes that the availability of this comprehensive and authoritative outreach material will greatly reduce the health hazards machinists and others exposed to these fluids may face. Accordingly, and in light of resource constraints, OSHA is withdrawing this entry from the agenda at this time."

Issues MWF Guide

November 2001

The Occupational Safety and Health Administration (OSHA) has released an 89-page health and safety guide for metalworking fluids (MWFs). "Metalworking Fluids: Safety and Health Best Practices Manual" had been under development by OSHA for nearly four years, and it draws upon recommendations from the Agency's MWFs Standards Advisory Committee (SAC), the National Institute for Occupational Safety and Health's (NIOSH) Criteria Document on Occupational Exposures to Metalworking Fluids, and the Organization Resource Counselors' (ORC) "Management of the Metal Removal Fluid Environment: A Guide to the Safe and Efficient Use of Metal Removal Fluids."

The manual provides general information about metalworking fluids and recommends a systems management approach to control exposure and minimize contact with the fluid. That strategy includes engineering and work practice controls such as machine enclosure, ventilation and the use of personal protective equipment. This manual recommends occupational health guidelines to mitigate the adverse health effects associated with occupational exposure to MWFs.

The guide also recommends employers establish a fluid management program that includes designating responsibility of the system to one or more persons knowledgeable in the chemistry involved in metalworking processes. The program should also include standard operating procedures for testing fluids, a data collection and tracking system, employee participation in setting up and operating the overall system, and a continuing training program.

Also included in the guide are recommendations for instituting an exposure monitoring program (air sampling) on, at minimum, an annual basis. The manual recommends that employee exposures be reevaluated whenever there are significant changes in production, equipment, or processes that may cause new or additional exposures to metalworking fluids. Finally, the manual recommends a proactive medical monitoring program for exposed employees that will help identify early evidence of respiratory impairment or skin disease. That early identification will prompt corrective action, which will help reduce the incidence and severity of metalworking fluid-associated diseases.

The Metalworking Fluids Best Practices Manual is not a new standard or regulation, and it creates no new legal obligations. It is advisory in nature, informational in content, and is intended for use by employers in providing a safe and healthful workplace for workers exposed to metalworking fluids. The entire manual can be found on the OSHA web site at: www.osha.gov/SLTC/metalworkingfluids/metalworkingfluids_manual.html.

Activity Regarding a Possible Metalworking Fluid Standard

The Metalworking Fluids Standards Advisory Committee (MWFSAC) established to advise the Secretary of Labor on appropriate actions to protect workers from the hazards associated with occupational exposure to metalworking fluids, has made their final recommendations for OSHA action in July 1999. Although there was much controversy within the 15 member group, the SAC majority has voted to recommend that:

**OSHA promulgate a comprehensive 6(b) standard for metalworking fluids* which includes:**

a PEL (permissible exposure limit) of 0.5 mg/m³ (total particulate)
systems management
active medical surveillance
training and education

The SAC also recommended that OSHA promulgate this standard with all deliberate speed while recognizing that a phase-in period will be required.

The minority report recommended a non-regulatory approach which would include Agency publication of guidelines for management of the metal removal fluid environment, coupled with a cooperative program (with industry and academia) of outreach and education.

OSHA has complete flexibility concerning the SAC report - it can take all or part of the SAC recommendations. It can change, modify, and reject any part of the report. However, there will be much pressure exerted on OSHA for promulgation of the standard, as well as adoption of best practices. Additionally, the NIOSH (National Institute of Occupational Safety and Health) Criteria Document has already been published with specific NIOSH recommendations for a REL (recommended exposure limit) of 0.5 mg/m³.

The SAC has also been asked by OSHA to recommend ‘best practices’ for the identification, measurement, and control of the metalworking fluid environment. Aside from the recommended standard itself, the ‘best practices’ may have the greatest impact on the metalworking fluid environment.

* Although "metalworking fluid" is the term used, the SAC has agreed that the deliberations and recommendations apply only to in use metal removal fluids (MRF).

The following article provides more in-depth information concerning the
activities of the OSHA MWF Standard Advisory Committee.

August 1999 Volume 49 No. 8
OSHA MWFSAC Recommends Regulatory Action After almost two years of deliberations, the majority of the MWFSAC officially voted to recommend that the Occupational Safety and Health Administration promulgate a health standard under section 6(b)(5) of the Occupational Safety and Health Act, which would include a permissible exposure limit of 0.5 mg/m3, exposure assessment, medical surveillance, and training.

A minority recommendation was prepared and submitted which supports a non-regulatory approach and proposes agency publication of guidelines for management of the metal removal fluid environment, coupled with a cooperative program (with industry and academia) of outreach and education. See full article by clicking on cover below.

(Download Adobe Acrobat Reader to view this file by clicking here.)

Occupational Safety and Health Administration (OSHA)

Activity Regarding Metalworking Fluids

2004

2003

2001

1999

1997

1993