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Hazardous or Toxic?
A lesson from the East Palestine, Ohio train derailment
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On February 3rd, 2023, a train carrying hazardous materials derailed near East Palestine, Ohio. The train carried various chemicals, including vinyl chloride, ethylhexyl acrylate, and ethylene glycol monobutyl. The derailment resulted in a fire, and chemical release into the surrounding environment, leading to the evacuation of residents.

The National Transportation Safety Board (NTSB) has launched an investigation into the incident to determine the cause and make recommendations to prevent similar accidents in the future.

One thing I noticed about the news coverage is the language; some call the chemicals hazardous, and some use the word toxic. So, which is it?

Were Hazardous Chemicals or Toxic Chemicals Involved? What's the Difference?

The U.S. government defines hazardous materials under the Hazardous Materials Transportation Act (HMTA) and its corresponding regulations, which the Pipeline and Hazardous Materials Safety Administration (PHMSA), an agency within the U.S. Department of Transportation, oversees.

These regulations broadly define hazardous materials as any substances or materials that pose an unreasonable risk to health, safety, or property when transported in commerce, including toxic, flammable, corrosive, explosive, radioactive, or otherwise dangerous substances.

To be more specific, the regulations list specific classes of hazardous materials based on their physical and chemical properties and potential hazards. These classes include explosives, gases, flammable liquids and solids, oxidizing substances, toxic substances, radioactive materials, corrosive substances, and miscellaneous dangerous goods.

If a substance falls under one of these classifications, it is considered a hazardous material and is subject to strict regulations for safe transportation in commerce. These regulations cover the packaging, labeling, marking, and handling hazardous materials to ensure they are transported safely and without incident.

So what are toxic chemicals? A material is toxic if it is capable of causing harm to human health, such as illness or injury, through ingestion, inhalation, or skin contact. Toxicity can be acute or chronic, and the degree of harm can depend on several factors, including the material's concentration, the exposure length, and the susceptibility of the exposed individual.

The Environmental Protection Agency (EPA) has also established a list of hazardous air pollutants (HAPs), including chemicals known or suspected to cause cancer, birth defects, or other serious health effects. HAPs are regulated under the Clean Air Act, and their emissions are subject to strict controls to protect human health and the environment.

As you can see, toxic is a category of hazardous materials. So, when you use the term "Hazardous Chemical," you may be referring to any of the categories listed under regulations, making it a generic label. But when you say "Toxic Chemicals," you refer to a specific hazardous chemical type.

All toxic chemicals are hazardous, but not all hazardous chemicals are toxic. You get the point - Blaine J. Hoffmann, MS OSHM

Chemicals Involved 

There were reportedly several chemicals of concern involved in the train derailment.

Vinyl chloride is a colorless gas that produces polyvinyl chloride (PVC), a widely used plastic material. It is also an intermediate in making other chemicals, such as chlorinated solvents and pharmaceuticals.

Exposure to vinyl chloride can harm human health, and it is considered a toxic and carcinogenic substance, meaning it can cause cancer. Inhalation of vinyl chloride can irritate the respiratory system and cause dizziness, headaches, and fatigue. Long-term exposure to high levels of vinyl chloride has been linked to an increased risk of certain types of cancer, including liver cancer and angiosarcoma (rare cancer affecting the blood vessels).

Due to the health risks associated with vinyl chloride, it is strictly regulated by government agencies such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA). These agencies have established exposure limits and other requirements to protect workers and the public from the harmful effects of vinyl chloride.

Ethylhexyl acrylate is a chemical compound belonging to the acrylic esters group. It is a clear, colorless liquid with a slightly pungent odor. It is used as a monomer in producing various polymers, including acrylic and copolymers.

Ethylhexyl acrylate is primarily used as a building block in synthesizing polymer-based products, such as adhesives, coatings, and elastomers. It is also a surfactant and an intermediate in producing other chemicals.

Exposure to ethylhexyl acrylate can irritate the eyes, skin, and respiratory tract, causing headaches and dizziness. It may also cause allergic reactions in some individuals. The International Agency for Research on Cancer (IARC) has classified ethylhexyl acrylate as a Group 2B carcinogen, which means it is possibly carcinogenic to humans based on animal studies. However, more research is needed to understand this substance's potential health effects fully.

 

Government agencies, such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA), regulate ethylhexyl acrylate to protect workers and the public from potential health risks. These agencies have established exposure limits and other requirements for safely handling and using this substance.

Ethylene glycol monobutyl, or 2-butoxyethanol, is a clear, colorless liquid with a mild, sweet odor. It is a glycol ether used primarily as a solvent in various industrial and commercial applications.

Ethylene glycol monobutyl is used as a solvent in producing resins, lacquers, and other coatings. It is also used as a cleaning agent and in making various types of chemicals, including plasticizers, textile dyes, and pharmaceuticals.

Exposure to ethylene glycol monobutyl can irritate the eyes, skin, and respiratory tract and cause headaches, nausea, and dizziness. Long-term exposure to high levels of this substance can cause damage to the liver, kidneys, and blood cells. In addition, ethylene glycol monobutyl has been associated with developmental and reproductive effects in laboratory animals.

Government agencies, such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA), regulate ethylene glycol monobutyl to protect workers and the public from potential health risks. These agencies have established exposure limits and other requirements for safely handling and using this substance.

Exposure limits to chemicals set by the government do not necessarily mean that there will be no harm, as the toxicity of chemicals can depend on various factors, including the level of exposure, the duration of exposure, and the individual's susceptibility to the effects of the chemical. These limits are designed to minimize the risk of adverse health effects to workers, consumers, and the general public - not eliminate the risks.

It is important to note that exposure to levels below the set limits may still cause adverse health effects, particularly for individuals more susceptible to the effects of the chemical, such as children, pregnant women, and people with pre-existing medical conditions.

Therefore, it is crucial to follow safety guidelines and precautions when working with or around hazardous chemicals, including using appropriate protective equipment, ensuring proper ventilation, and following safe handling and disposal procedures. It is also critical to seek medical attention if you observe any symptoms of exposure to chemicals.

What about risks due to mixing or by-products?

These chemicals could form hazardous by-products if accidentally mixed, combined, or burned.

For example, mixing vinyl chloride with ethylhexyl acrylate could form a polymer, which can release toxic fumes and cause respiratory irritation. Mixing vinyl chloride with ethylene glycol monobutyl could lead to the formation of other harmful compounds, including aldehydes and ketones, which can irritate the eyes, nose, and throat, as well as cause headaches and dizziness.

The exact by-products of combining these chemicals would depend on the specific conditions of the reaction, such as the amount of each chemical present, the temperature, and the presence of other reactive compounds. Handling, separately handling, and transporting these chemicals is essential to avoid accidental mixing and potential harm to human health and the environment. For example, if transporting these chemicals on the same train, you would want other train cars with inert materials, or even empty ones if possible, separating them in the event of an accident, like a derailment.

In addition to Vinyl chloride, ethylhexyl acrylate, and ethylene glycol monobutyl being hazardous chemicals in and of themselves, burning them can produce a variety of potentially hazardous by-products, including:

  1. Carbon monoxide and carbon dioxide: These are typical by-products of the combustion of most hydrocarbons and can contribute to local air quality issues.
  2. Hydrogen chloride: This corrosive gas can cause respiratory and skin irritation and contribute to acid rain.
  3. Dioxins and furans are highly toxic compounds produced when organic matter, such as plastics, is burned. They can cause various health effects, including cancer, reproductive and developmental problems, and immune system damage.
  4. Acrolein is a highly reactive and irritating gas that can cause respiratory and eye irritation and contribute to air pollution.
  5. Soot and particulate matter: These tiny particles can be released during combustion and contribute to air pollution and respiratory problems.

It is important to note that the by-products of burning these chemicals can vary depending on various factors, such as the temperature and duration of the burn, the presence of other substances, and the conditions of the combustion process. Therefore, taking appropriate precautions when handling, transporting, and disposing of these chemicals is essential to minimize the risk of harm to human health and the environment.

What about the environmental impact? 

The Ohio Environmental Protection Agency received results from their water sampling of the five wells that feed into East Palestine's municipal water system. The results show no detection of contaminants associated with the derailment. The Ohio EPA said they are confident that the municipal water is safe to drink and have said steel casing protects the wells from contamination.

The Ohio EPA also recommends that residents with private wells schedule an appointment for well water testing by an independent consultant. The Ohio Department of Health encourages those with private wells to use bottled water until their well water testing results come back.

What about the Ohio River impact? Tiffani Kavalec, chief of the Division of Surface Water at the Ohio Environmental Protection Agency, said the chemicals spilled into the Ohio River. Still, since it is such an enormous body of water, it can dilute the chemicals quickly.

However, during a press conference, Ohio Department of Natural Resources director Mary Mertz said four tributaries over a space of 7.5 miles along the Ohio River are contaminated. Still, officials are confident those waterways are contained and do not affect municipal water supplies. Nevertheless, the contaminated waterways have led to the deaths of some 3,500 fish. According to Mertz, none of the 12 species of dead fish are threatened or endangered, and there was no impact on nonaquatic life.

The 111 water samples collected from the day of the derailment through February 14th, 2023, were tested for butyl acrylate, vinyl chloride, ethylene glycol monobutyl ether, and ethylhexyl acrylateno. The result showed no detectable levels of the chemicals.

The public perception of this being a more significant threat than authorities indicate stems from people seeing a plume or sheen on the water in the Ohio River. A visible plume on the water may indicate detectable levels of harmful chemicals, but it is not a reliable indicator.

Some chemicals can be harmful in small concentrations, while others may not pose a significant risk, even at high concentrations. The appearance of a plume can depend on various factors, such as the type of chemical, the quantity and duration of the release, and the characteristics of the water body.

To determine if there are detectable levels of harmful chemicals in the water, appropriate testing and analysis of water samples must occur, which can involve using specialized equipment to measure the concentration of specific chemicals or perform a broader screening of the water for a range of potential contaminants.

It is important to note that even if detectable levels of harmful chemicals are in the water, this does not necessarily mean that there is an immediate health risk. The risk to human health and the environment will depend on various factors, such as the toxicity and quantity of the chemical, the exposure pathway, and the population's sensitivity.

Conclusion

This article used a recent disaster to illustrate how the media, even as safety professionals, can create confusion and panic by using the wrong words to describe events and substances involved.

To be clear, this train derailment is a tragedy. Full stop. At the time of this publishing, the long-term impact of this tragedy is unclear. Regardless, the emotional impact is clear; residents have lost confidence in the local, state, and federal agencies and the rail carrier due to their response and various communications failures. What do you think? Be sure to leave your comments below.


Drew Hinton, Ph.D., CSP, CHMM, EMT
Drew Hinton, Ph.D., CSP, CHMM, EMT

Drew Hinton is President/CEO of Arrow Safety and has 10 years of experience as a career Firefighter/EMT/HazMat Officer in Louisville (KY) and 15 years as a safety professional.

 

Blaine J. Hoffmann, MS OSHM
Blaine J. Hoffmann, MS OSHM

Blaine J. Hoffmann has been in the occupational safety & health industry for over 27 years. He is the producer and host of The SafetyPro Podcast and founded the SafetyPro Podcast Community Site.

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For employers, the benefit is just as clear. A young worker who has already been introduced to basic occupational safety concepts is easier to onboard, easier to coach, and more likely to recognize when something does not look right. That does not replace employer training. Let’s not get silly. A high school course is not a magic force field. But it can give future workers a foundation that employers can build on, rather than starting from scratch.

There is also a cultural benefit. When students learn early that safety is part of the craft, they are less likely to see it as the “safety guy’s job” later. They are more likely to understand that safe work requires participation from workers, supervisors, managers, and safety professionals. That is exactly the kind of thinking modern organizations need.

This also creates an opportunity for employers to get involved. Local businesses can partner with schools, support CTE programs, offer site visits, provide guest speakers, participate in advisory groups, and help students see how these concepts show up in real workplaces. Not sanitized textbook workplaces. Real ones. The ones with noise, moving equipment, production pressure, weather, chemicals, fatigue, awkward postures, and competing priorities.

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The best version of this is not “kids memorizing OSHA facts.” The best version is students learning how to think about work. What can hurt me? What can hurt someone else? What controls are in place? Are they enough? What do I do if something changes? Who needs to know? What does good work look like when we include safety, quality, and productivity in the same conversation?

That is the point.

Safety education should not begin after someone receives their first hard hat, badge, timecard, or paycheck. It should begin when we are teaching people what it means to do the work well.

Texas may be putting structure around something many of us in the safety profession have believed for years: the earlier we teach people that safety is part of the work, the better prepared they are to enter the workforce, and the better prepared employers are to receive them.

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What do you think? Be sure to share your thoughts.

Source note: Based on the Texas Education Agency’s adopted 19 TAC §127.16, Occupational Safety and Compliance Lab, and TEA’s CTE program-of-study framework, which emphasizes coherent course sequences, industry-based certifications, and work-based learning opportunities.


Blaine J. Hoffmann, MS OSHM
Blaine J. Hoffmann, MS OSHM

Blaine J. Hoffmann has been in the occupational safety & health industry for 30 years and is the author of Rethinking SAFETY Culture and Rethinking SAFETY Communications. Blaine is the producer and host of The SafetyPro Podcast.

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California AB 2321: A Proposed Shift in How Serious Workplace Accidents Could Be Investigated
What employers need to know...

California Assembly Bill 2321 is one of those pieces of legislation that may not grab national headlines, but safety professionals should pay attention to it. Not because it may rewrite every employer obligation under Cal/OSHA, but because it speaks directly to what happens after a serious workplace accident, especially one involving a fatality or a life-altering injury. And that matters.

When something goes terribly wrong at work, the investigation process shapes more than a legal file. It shapes what gets learned, who gets held accountable, how quickly prosecutors get involved, and whether the system has enough structure to handle the most serious cases consistently.

AB 2321 appears aimed at tightening that process.

What the Bill Is Really About

AB 2321 focuses on the Bureau of Investigations within California’s Division of Occupational Safety and Health. That bureau already has responsibilities related to serious accident investigations, including cases involving death, serious injury, serious exposure, and matters that may be referred for prosecution.

The proposed bill would not simply add a new penalty or create a shiny new employer requirement. Instead, it would change how certain serious cases are reviewed, documented, referred, and reported.

In plain English, this bill is about process discipline.

That may sound boring, but process discipline is often where the wheels come off after serious incidents. The difference between “we looked at it” and “we followed a documented, reviewable decision process” is a big deal.

The Biggest Proposed Change

The most significant piece of AB 2321 is that, once sufficient funding is appropriated, accident investigations involving a death or permanent total disability would be directed by the appropriate prosecuting authority rather than the Bureau of Investigations.

That is a major shift.

Today, safety agencies often operate in that difficult space between regulatory enforcement and criminal referral. AB 2321 would move the lead responsibility for certain severe cases closer to the criminal prosecution side of the house.

For employers, this does not mean every fatality automatically becomes a criminal case. That would be an overstatement. But it does mean the earliest stages of the investigation could be more directly connected to prosecutors when the outcome involves death or permanent total disability.

That changes the tone. It changes the stakes. And it likely changes how carefully everyone will need to manage records, interviews, evidence, timelines, and communications.

Written Procedures and Documented Decisions

Another important part of the bill would require the Bureau of Investigations to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution.

That includes documenting the rationale when the bureau decides not to investigate or not to refer a case.

This is the part safety professionals should appreciate.

A decision not to investigate can be just as important as a decision to investigate. Without documentation, those decisions can look arbitrary, inconsistent, or politically convenient. With documentation, there is at least a record of the reasoning.

That does not guarantee perfect decisions. Nothing does. But it creates a stronger expectation that serious case decisions should be explainable.

In safety terms, this is similar to what we ask organizations to do every day: define the process, follow the process, document the decision, and make the decision reviewable.

Funny how that works when the microscope turns toward the agency side, too.

More Information Sharing

AB 2321 would also require the Division to establish a routine or automated process for transmitting information to the Bureau of Investigations about accident cases with nonfatal injuries.

This matters because serious nonfatal injuries can reveal the same organizational weaknesses as fatal events. In many cases, the only difference between a serious injury and a fatality is timing, distance, luck, emergency response, or a few inches of separation.

A process that improves visibility into nonfatal serious cases could help identify situations that warrant deeper review before the next event becomes fatal.

That is the theory, at least.

The practical question is whether the system will have the staffing, funding, and case-management discipline to do something useful with that information. Data flowing into a weak process does not create learning. It just creates a bigger inbox.

Expanded Annual Reporting

The bill would also expand the Bureau’s annual reporting requirements. The report would go not only to the Division and Director, but also to the Legislature.

The report would include case totals, investigation activity, referrals for prosecution, dispositions, cases not referred, resource use, vacancy rates, job classifications, and additional positions needed to carry out the bureau’s duties.

That is a transparency move.

It gives lawmakers and the public a better look at whether the Bureau of Investigations is staffed and functioning at the level expected of it. That could matter a lot if the system is struggling with vacancies, delayed investigations, or inconsistent referrals.

For employers, this kind of reporting may also give a clearer picture of enforcement trends over time. How many cases are being referred? What types of cases are being declined? What reasons are given for nonreferral? Are staffing shortages affecting investigation capacity?

Those are fair questions.

What Employers Should Not Take From This

Employers should not read AB 2321 and panic.

This is proposed legislation. It is not a new employer checklist. It does not appear to create a new safety program requirement, new training rule, or new injury reporting threshold for employers.

It also should not be reduced to “California is criminalizing workplace accidents.” That is too blunt and not especially helpful.

The better reading is this: California is looking at how the most serious workplace accident cases are evaluated and whether the handoff between safety enforcement and prosecution needs to be clearer, more consistent, and better documented.

That is different from saying every bad outcome equals criminal conduct. We hope!

What Safety Leaders Should Take From This

The lesson for safety leaders is simple: when a serious event happens, your organization’s process will be judged.

Not just the written program. Not just the training record. Not just the inspection checklist.

The real questions will be:

  • Did leaders understand the hazard?
  • Were known issues corrected?
  • Were employees trained and equipped?
  • Were procedures realistic?
  • Were safeguards maintained?
  • Were concerns ignored, normalized, or explained away?
  • Was production allowed to quietly outrank safety?
  • Did the organization learn from prior warning signs?

That is where serious cases usually turn. Not on the slogan in the safety manual, but on what the organization knew, what it did, and what it failed to do.

The Practical Takeaway

AB 2321 is a reminder that serious injury and fatality prevention is not just about compliance. It is about organizational credibility.

If your workplace has high-risk operations, now is a good time to pressure-test the basics:

  • Review your serious injury and fatality risks.
  • Make sure your critical procedures are current, usable, and actually followed.
  • Look closely at repeat hazards, near misses, and serious nonfatal events.
  • Verify that corrective actions are not just assigned, but completed and effective.
  • Train leaders on what to do immediately after a serious event.
  • Protect evidence, document facts, and avoid speculation.

Most importantly, do not wait for the worst day to find out whether your system works!

Because when a serious injury or fatality occurs, the investigation will not only ask what happened. It will ask what was foreseeable, what was preventable, and whether the organization had a fair chance to act before someone got hurt.

That is the part every safety leader should take seriously. Drop your comments on this proposed legislation.


Blaine J. Hoffmann, MS OSHM
Blaine J. Hoffmann, MS OSHM

Blaine J. Hoffmann, MS OSHM, has been in the occupational safety & health industry for 30 years and is the author of Rethinking SAFETY Culture and Rethinking SAFETY Communications. Blaine is the producer and host of The SafetyPro Podcast.

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ASSP Signals Shift Toward "Powered Action" to Neutralize Top Workplace Hazards
Addressing the "lethal leaders"

PARK RIDGE, IL-  January 13, 2026 — The American Society of Safety Professionals (ASSP) is redefining the industry’s approach to worker protection by moving beyond passive observation toward a future of powered action. Recognizing that safety and health is the bedrock of a high-performing enterprise, the Society will continue focusing its lens on the Serious Injuries and Fatalities (SIF) and Potential Serious Injuries and Fatalities (PSIF) that continue to disrupt operations and end lives.

Rather than accepting workplace incidents as an inevitable cost of doing business, ASSP is shifting the paradigm by isolating top hazards and neutralizing their causes where they live: on the shop floor, at the construction site, and in the heart of our infrastructure.

“We recognize that safety and health excellence cannot be achieved in a vacuum,” said ASSP President Linda Tapp, CSP, ALCM, CPTD. “By uniting our rigorous standards with the cutting-edge capabilities of our technology partners, we are moving safety and health from a policy page to the front line. This is safety and health by industry, for industry, where businesses lead businesses to protect our most valuable asset: our people.”

Neutralizing the "Lethal Leaders"

ASSP’s immediate strategy involves removing barriers to effective action by addressing the "lethal leaders"—the primary drivers of SIFs—which are reflected in the most recent OSHA Top 10 Most Frequently Cited Standards:

  • Falls from Heights: To address the most frequent OSHA violation, ASSP will continue deploying and enhancing our world-class standards [ANSI/ASSP Z359] and technology to ensure working at height is never a death sentence.
  • Lockout/Tagout (LOTO): To eliminate energy-related fatalities, the Society is moving best practices out of manuals and directly into the hands of the frontline through our world class standards addressing the control of hazardous energy [ANSI/ASSP Z244 and A10].

A Shared Mandate for the Future

This new direction emphasizes that the industry already possesses the data and has access through ASSP to the standards required to make a difference; it now requires the collective will to ensure every worker returns home. While ASSP prepares to share more details later this month on how organizations can directly collaborate to solve these challenges, the mission remains clear.

“Ending injuries, illnesses, and fatalities at work isn't just a goal, it is our shared mandate for a resilient future,” Tapp added.

About the American Society of Safety Professionals

For more than 100 years, ASSP has supported occupational safety and health professionals in their efforts to prevent injuries, illnesses, and fatalities. With a global membership of over 35,000, the Society provides the technical expertise and leadership necessary to drive meaningful change in the safety profession.

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