June 17, 2009
Rockefeller bill responds to Bayer's secrecy
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Read more about the Bayer plant explosion.

CHARLESTON, W.Va. -- Chemical companies like Bayer CropScience would not be able to cite federal anti-terrorism rules to avoid public discussions of plant safety lapses or to stifle debate over dangerous chemicals, under a bill proposed by Sen. Jay Rockefeller.

The West Virginia Democrat said he drafted the legislation to address Bayer's efforts to use obscure Coast Guard security rules to keep Kanawha Valley residents in the dark about methyl isocyanate safety issues at the company's Institute plant.

"When an industrial emergency happens in a community in West Virginia threatening the lives of residents, workers and first responders, I absolutely believe the public has a right to receive important information about what it means for them and their health. Period," Rockefeller said in a prepared statement.

Rockefeller's bill is the latest fallout from the August 2008 explosion and fire that killed two Bayer workers.

The explosion occurred in a pesticide unit where Bayer stores and uses methyl isocyanate -- or MIC, the chemical that killed thousands of people in the 1984 Bhopal disaster.

Bayer is fighting $143,000 in fines issued by the U.S. Occupational Safety and Health Administration, which found poorly planned operating procedures, flawed emergency systems and faulty employee training led to a runaway chemical reaction that caused the explosion.

In April, congressional investigators concluded that the explosion could easily have damaged a nearby MIC storage tank and triggered a disaster that would have been worse than Bhopal. The U.S. Chemical Safety Board described the incident as "potentially a serious near miss, the results of which might have been catastrophic for workers, responders and the public."

Bayer CropScience CEO William Buckner admitted in congressional testimony that his company tried to use Coast Guard anti-terrorism rules to avoid having the explosion investigation turn into a public discussion of the Institute plant's more than 200,000-pound stockpile of MIC. Documents unearthed by congressional investigators also showed Bayer tried to "marginalize" local activists and discredit The Charleston Gazette's coverage of the incident.

Among other things, under Rockefeller's bill, chemical companies would not be able to claim as "security sensitive information" under Coast Guard rules "to prevent embarrassment to a person, organization or agency."

"As former Chairman of the Senate Intelligence Committee, I have a deep appreciation and understanding of the importance of protecting information for the purposes of protecting our national security," Rockefeller said. "The SSI classification should only be used to protect our homeland -- it should never be used to hide wrongdoing, avoid public embarrassment, or delay the release of information to communities that need it most."

Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.

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Posted By: funfundvierzig (10:24am 06-18-2009)
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Hasn't this state had enough callous cover-ups executed by hyper-secretive and dirty-dealing bosses of BIG CHEMICALS?! Enough bogus SAFETY? Enough of their Rotten-to-the CORE VALUES of faked "Environmental Stewardship" and "Respect for People"? Enough counterfeit community concern by these Titans of Toxins and their bankrolled front organisations and lobbyists?

Thank you for the start of a positive correction, Mr. Rockefeller.

Posted By: MarshallFan (5:20am 06-18-2009)
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This shows obviously Bayer has not been a good corporate neighbor. They care little about the public safety and even less about their employees. Sure, some will write in supporting the company, but most of those work for or are enriched by their relationship with Bayer. Take MIC out of the valley and keep a close watch on Bayer from now on. Corporate profits are not work the harm companies can cause with lax safety standards. Period.

Posted By: WEST VIRGINIAN (3:05am 06-18-2009)
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Bayer is fighting $143,000 in fines issued by the U.S. Occupational Safety and Health Administration, which found poorly planned operating procedures, flawed emergency systems and faulty employee training led to a runaway chemical reaction that caused the explosion.

nnn

Bayer Corp. will spend more on lawyers than the cost of the fine, and will continue to lie about the safety of M.I.C. and the thousands of Kanawha Valley resident's safety.

The M.I.C. should be removed from Institute. As far as the underground storage goes, there is no method known to mankind that keeps underground storage tanks from deteriorating.

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