+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
By Robert Iafolla
Workers involved in the cleanup of the 2010 Deepwater Horizon disaster were exposed to harmful levels of a chemical used to disperse oil, but were not provided with adequate personal protective equipment or federally mandated training, a government watchdog group alleged in an investigative report.
The Government Accountability Project reported that some workers and area residents were sickened by their exposure to Corexit, despite representations by well owner BP PLC and government agencies that the chemical dispersant was low in toxicity
“After I got sprayed by the Corexit, within 24 hours I had boils on my neck,” cleanup worker Jorey Danos said in an affidavit included in the report. “They looked like a cluster of zits, but when I squeezed them blood and black puss would come to the surface.”
Some 47,000 workers were involved in the cleanup effort after 210 million gallons of crude oil spilled into the Gulf of Mexico, according to the report. As part of that effort, 1.8 million gallons of a product known as Corexit was used to break up the oil. The Environmental Protection Agency has approved the use of Corexit as a dispersant. The chemical is banned in the United Kingdom, however.
Two formulations of Corexit--Corexit 9527 and Corexit 9500--were used, GAP said. The EPA entry for Corexit 9500 lists the chemical ingredients as “confidential,” although it does indicate the product contains 0.16 part per million of arsenic. The entry for Corexit 9527 also lists some ingredients as confidential, while noting the product uses 2-butoxyethanol as a solvent and contains 1 part per million of chromium.
The chemical 2-butoxyethanol was linked to health effects among Exxon Valdez oil spill cleanup workers, according to the GAP report. The chemical was detected in 20 percent of offshore Deepwater Horizon cleanup workers at double the safety standard established by the National Institute for Occupational Safety and Health, GAP said.
BP spokesman Scott Dean told BNA that the company is “not aware of any data showing worker or public exposures to dispersants at levels that would pose a health or safety concern.”
EPA spokeswoman Enesta Jones told BNA that the agency has not reviewed the GAP report and cannot comment on its veracity. But she pointed out that Corexit is “still on the National Contingency Plan Product Schedule because it meets the current regulatory requirements.”
“Note that the agency is in the process of developing a proposal to revise the regulatory requirements for testing the efficacy and toxicity of products to be listed on the Product Schedule,” Jones added.
Cleanup workers sued Nalco, the manufacturer of Corexit. In November a federal judge dismissed the lawsuit, ruling that the Clean Water Act and the government's National Contingency Plan preempted state and general maritime law (In re: Oil Spill by the Oil Rig “Deepwater Horizon”, E.D. La., No. MDL-2179, 11/28/12).
Nalco spokesman Roman Blahoski told BNA the company responded to requests for Corexit made by “those charged with protecting the Gulf and mitigating the environmental, health, and economic impact of this event.”
“Nalco was never involved in decisions relating to the use, volume, and application of its dispersant,” Blahoski said.
Citing public documents, the report said the Labor Department's Occupational Safety and Health Administration identified heat-related illness as the most serious occupational hazard for cleanup workers, and the agency explained that respirators were not used because some workers may fail to pass the medical evaluation for respirator use.
“I had an apron, a hairnet, a spatula, and some rubber gloves, and they told me to go in the midst of this dangerous chemical environment,” cleanup worker Jamie Griffin said in an affidavit contained in the report.
GAP cited OSHA records showing that 30,000 workers went through four-hour training sessions, while noting that workers cleaning up the Exxon Valdez oil spill received similarly abbreviated training.
OSHA spokesman Jesse Lawder said the agency is reviewing the GAP report and was unable to comment as of press time.
By Robert Iafolla
Text of an executive summary of the report is available at /uploadedFiles/Content/News/Legal_and_Business/Bloomberg_Law/Legal_Reports/Executive_Summary_Corexit(1).pdf. The full report and affidavits are available at http://www.whistleblower.org/program-areas/public-health/corexit.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).