The Toxic Substance Control Act of 1976 (TSCA) requires
production plants to report, record and test all chemicals (EPA, 2014). “This
act must protect the public health, ensure that all chemicals are safe to use,
provide safety information to the public, and utilize modern technology” (Toxic
Substances Control Act). This particular company is using Benzene to wash the
production by-products in an open shed facility. This chemical is a
carcinogenetic agent which is known to cause birth defects and leukemia.
The National Emission Standards for
Hazardous Air Pollutants of the 1970’s (NESHAPS) regulates all hazardous air
pollutants. The Clean Air Act was devised to address hazardous air pollutants.
Hazardous air pollutants are anything that could increase the risk for causing
cancer or other serious health effects, such as reproductive/birth defects and
negative environmental effects. To monitor this regulation the Environmental
Protection Agency (EPA) conducts inspections of all chemical facilities. These
inspections include: “reviewing reports and records, interviewing employees, sampling wastewater
discharges, inspecting against faulty design, enforcing work practice
standards, reviewing leak detection and repair method utilized by a chemical
plant” (NESHAPS Air Toxics).
The Occupational Health and Safety
Administration (OSHA) requires that all chemical hygiene plants must include
written policies and standard operating procedures to ensure that employees
will be protected from injury or death due to direct and indirect exposure to
chemicals. Employees must seek medical attention if they develop symptoms due
to chemical exposure, and physicians are required to inform the agency about
the employees that are suspected to have been chemically exposed (DeRose, 2010).
Benzene by federal guidelines
states that vapor concentration is not to exceed 10:1 million and this
particular shed is producing a 1000:1 million ratio. The chemical Benzene falls
under the hazardous air pollutants regulations. This chemical plant is in
violation and the EPA has an obligation to investigate the plant and does have
the influence to close the plant and submit fines to the company.
It is evident for everyone concerned that contacting
government agencies could be threatening to the employee’s reputation and job
security within the company. The ethical dilemma enters into the decision
of what action should be taken and there are not well defined ethical
guidelines. When Susan stayed behind from her orientation group to contact the
company’s foreman, personnel director and plant manager it became evident that
she is a vested employee for advocating rights of the environment, water
supply, employees and surrounding neighborhoods.
The company is obviously
seeking a strong profit margin; however budget constants to not protect its
employees and environment can be very detrimental in the long run. Protecting
the elements should be a top the priority; however this goal is not clearly
demonstrated.
If I were Susan I would take
action. She could bring an effective presentation to the company, cite her
chemical expertise, and suggest improvements and point out the overall budget
costs to the company if a law suit were to ensue. Susan has a strong background
in chemical management and should have the expertise to convince the company’s
CEO that action would behoove the company, employees and surrounding
environment. If she does not become successful and political strengths
outweigh her recommendations, then it is apparent that she could lose her job. If
she is unionized she could seek assistance with restitution. She has to make a
decision if she can work for a company that causes such a level of unethical
behavior. She is well educated and other job opportunities will become
available to her with the hope that her past strong references would outweigh
this current company’s recommendations.
Works Cited
DeRose, Jerrie.”OSHA standards in chemical plants
eHow. Demand Media, 26 July 2010. Web.28.Jan.2014. http://www.ehow.com/list_7240168_osha-standards-chemical-plants.html#ixzz2rfFaPhG5.
EPA.
“Summary of the Toxic Substances Control Act. N.p., n.d. Web.27.Jan.2014.
NESHAPS
Air Toxics.”EPA. Environmental Protection Agency, 8 Nov.2012.Web.28.Jan.2014
No comments:
Post a Comment