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About gaussling

Gaussling is a senior scientist in the chemical business. He occasionally breaks glassware, spreads confusion and has been known to generate new forms of hazardous waste. Gaussling also digs aerospace, geology, and community theatre.

Chemical Emergencies and Safety Data Sheets in Education

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Note: Below is a quick safety brain-dump from a career in academic chemistry labs and chemical manufacturing facilities. It is not meant to be an unabridged guide to lab safety. Look elsewhere for that. it is easy to overlook Safety Data Sheets that come with chemical purchases.

At some time in their chemistry education the student should have had a good look at the chemical Safety Data Sheet or SDS for the chemicals and solvents they are using. While not necessarily very informative in terms of reaction chemistry, these documents are taken very seriously by many groups who can/will have an impact on your chemistry career and safety. Regardless of your walking-around-knowledge about a chemical substance, you should understand that the people who respond to emergency calls for a chemical incident will place a high reliance on what is disclosed on an SDS. A student who is connected with an incident won’t be the first point of contact when the fire department or ambulance arrives and wants information. In fact, it is highly unlikely that a student will ever have direct contact with a responder unless it is with an EMT.

Know where the SDS folder is. It may be in print or online.

When emergency responders arrive at the scene of your chemical incident, they will have protocols built into a strict chain of command. All information will pass through the responder’s single point of contact. The fire fighter with the fire hose is not the person you should try to communicate with. Information regarding the incident must be communicated up the chain of command from your site incident commander. The person responsible for the lab should know who that is. The staff at the incident site (your college) will also have protocols built onto a chain of command. Again, “ideally” the incident commander at the incident site will ask for information from others on the site regarding details on the event including the headcount (!) and communicate it to the incident commander of the responders. This is done to avoid confusing the responders with contradictory or useless information. Do not flood the responders with extraneous information. Don’t speak in jargon. If there are important points like “it’s a potassium fire”, pass it along. If there are special hazards like compressed hydrogen cylinders present, they’d like to know that too. Answer their questions then step back and let them do their job.

When responders arrive at the scene of a chemical incident, the first question they will ask is if everyone is accounted for. If everyone is accounted for, they will not risk their lives in the emergency response. However, if there are people unaccounted for or known to be trapped in a dangerous place or incapacitated, the responders will take greater chances with their own safety to rescue the victims. They will act to minimize property damage only if it can be done without risk to life and limb. Nobody wants to die saving property.

College chemistry departments that I have been involved with have had a flat policy of evacuating everyone from the building and congregating them at a defined location in response to an alarm. That way there is at least some reasonable chance that an accurate head count can be made. If technical advice is needed, faculty connected with the incident site should be consulted. The college will have an Environmental Health and Safety (EH&S) group or person who presumably will take charge of the incident on the incident side. The leader of EH&S should be informed of any hazards unique to the substance of concern if there is no SDS. Let them communicate with the responders. Generally, we chemists help most when we keep out of the way.

College chemistry departments are famous for housing one-of-a-kind chemical substances in poorly labeled bottles in faculty labs. These substances almost never have any kind of safety information other than perhaps cautionary advice like “don’t get it in your eye.” Luckily, university research typically uses small quantities of most substances except perhaps for solvents. Solvents can easily be present at multiples of 20 liters. These large cans are properly kept in a flammables cabinet. While research quantities may not represent a large fire hazard initially, there could easily be enough to poison someone. When you get to the hospital, the ER folks will have to figure out what to do with your sorry ass lying there poisoned by your own one-of-a-kind hazardous material.

In principle, the professor in charge of a chemistry research lab should be responsible for keeping an inventory of all chemicals including research substances sitting on the shelf. Purchased chemicals always have an SDS shipped with them. These documents should be filed in a well-known location and available to EH&S and responders.

The chemistry stockroom is a special location. Chemicals are commonly present at what an academic might call “bulk” scale, namely 100 to 1000 grams for solids and numerous 20 L solvent cans. The number of kg of combustibles and flammables per square meter of floor space is higher here. The stockroom manager should have a collection of SDS documents on file available to responders.

Right or wrong, people positively correlate the degree of hazard to the nastiness of an odor. Emergency responders are no different. This is another reason why it is critical for them to have an SDS. People need to adjust their risk exposure to the hazard present as defined by an SDS. We all know that some substances that are bad actors actually have an odor that is not unpleasant for a short time, like phosgene. Regardless of this imperfect correlation, if you can smell it, you are getting it in you and this is to be avoided. Inhalation is an important route of exposure.

In grad school we had an incident where a grad student dropped a bottle in a stairwell (!) with a few grams of a transition group metal complex having a cyclooctadiene (COD) ligand on it. Enough COD was released into the stairwell to badly stink it up. They didn’t know if it was an actual chemical hazard or not, so they pulled the fire alarm handle. The Hazardous Material wagon showed up right next to 50-60 chemistry professors, postdocs, and grad students. The responders were told what happened and with what, so they dutifully tried to find information on the hazards in their many manuals. They did not find anything.

They had 50-60 chemists within spitting distance but didn’t ask us any questions. This is because they are trained to respond as they did. This was a one-off research sample of a few grams but it had an obnoxious smell with unknown hazards. Finally they sent in some guys in SCBA gear and swept up the several grams of substance and set up a fan for ventilation. Don’t be surprised if the responders don’t have special tricks up their sleeves for your chemical event. They can’t anticipate every kind of chemical incident.

HazMat Team. Credit: https://en.wikipedia.org/wiki/Hazardous_materials_apparatus

Long story short, both the responders and the chemists didn’t have any special techniques tailor made for this substance. There was not evident pyrophoricity or gas generation. It was a dry sample so no flammable liquids to contend with. The responders used maximum PPE and practiced good chemical hygiene in the small clean up. Case closed.

An SDS is required for shippers as well. It shows them how to placard their vehicles according to the hazards. Emergency responders need to see the SDS in order to safely respond to an overturned 18-wheeler in the road or to a spill on a loading dock. It could also be that the captain of container ship wants to know precisely what kind of hazardous materials are visiting his/her ship.

Finally, an SDS should be written by a professional trained to do it properly. By properly I mean by someone who understands enough about regulatory toxicology, emergency response, relevant physicochemical properties, hazard and precautionary statements and shipping regulations to provide responders with enough information to respond to an incident. Here, incident means an unexpected release with possible exposure to people, a release into the environment or a fire or possible explosion.

In my world, the word “accident” isn’t used so much anymore. With the advent process hazard analysis (PHA) required by OSHA under Process Safety Management prior to the startup of a process, potential hazards and dangers are anticipated by a group of experienced experts and adjusted for. So, it is getting harder to have an unexpected event. “Accident” is being replaced with the word “incident.”

Toxicology is a specialty concerned with poisons. Regulatory toxicology refers to the field where measurements and models are used to define where a substances belongs in the many layers of applicable regulations. Toxicity is manifested in many ways with many consequences and each way is categorized into levels of severity. There is acute toxicity and there is chronic toxicity. Know the difference. That said, dose and exposure are two different things. Exposure relates to the presence of external toxicants, i.e., ppm in water or micrograms per cubic meter of air. Dose relates to the amount of toxicant entering the body based on the exposure time in the presence of a toxicant and the route of entry.

An SDS uses signal words like “Caution”, Warning”, or “Danger”. A particular standard test is needed to narrow down the type and magnitude of the toxicity. The figure below from the GHS shows the thresholds for categorization of Acute Toxicity.

Credit: Globally Harmonized System of Classification and Labeling of Chemicals.

Hazard and precautionary statements are important for an SDS. Rather than having everybody dreaming up their own hazard descriptions and precautions, this has been standardized into agreed upon language. Among other sources, Sigma-Aldrich has a handy list of Hazard Statements and Precautionary Statements available online.

Regulatory toxicology is very much a quantitative science enmeshed with a web of regulations. The EPA for instance does modeling of human health and environmental risks based on quantitative exposure or release inputs. Without toxicological and industrial hygiene testing data, they may fall back on model substances and default, worst case inputs to their models. In reality the certain hazard warnings you see on an SDS may or may not be based on actual measurement. The EPA can require that certain hazard statements be put on a given SDS based on their assessment of risk using models or actual data.

To be clear, hazard information reported on an SDS are considered gospel to emergency responders. Chemists of all stripes should be conversant with Safety Data Sheets and have a look at them the next time a chemical arrives. Your lab or facility should have a central location for SDS documents, paper or electronic.

In the handling and storage of chemicals, some thought should be given as to how a non-chemist would deal with a chemical spill. Is the container labeled with a CAS number or a proper name rather than just a structure? A proper name or CAS # could lead someone to an SDS. Is there an HMIS or other hazard warning label? There are many tens of thousands of substances that are either a clear, colorless or amber liquid or a colorless solid. If not for the sake of emergency responders then for the poor sods in EH&S who will likely have to dispose of the stuff when you are long gone. Storing chemicals, liquids especially, with some kind of secondary containment is always a plus. Keep the number of kilograms of combustibles and flammables in the lab to a minimum. A localized fire is better than a fire that quickly spreads to the clutter on the benchtop or the floor.

The Stupid in All of Us

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I’ve been struggling to find the words to accurately and succinctly describe MAGA followers in the US with their silly contrarianism and shallow theories of patriotism. I do this because there is something truly peculiar about the shape of conservatism today. I’ve been avoiding the word “stupid” because I didn’t want to hurl the accusation towards people with genuine cognitive disabilities. After all, intelligence is a multilegged attribute that encompasses too many diverse abilities with a single word. But of late I’ve decided that the word is fine to use if you don’t associate it with cognitively disabled people. Online you can find a definition defining it as “behavior or actions that show a lack of good sense or good judgement.” If it isn’t a clean detachment from the cognitively disabled, then at least it is only a superficial scratch.

Ex-president #45 took a sharp swerve from the “norms” of American politics and examples are too numerous to list here. His angry movement didn’t fall out of thin air. In the 2016 election he attracted followers by his audacity and with the propaganda engines of Twitter, conservative radio and television news. They were already out there primed by the nascent Tea Party, but along comes #45 giving them a charismatic and bellicose populist leader with a knack for getting on the news. His rhetorical skills are unmatched and he knows instinctively how to attract and excite a crowd. Importantly, he is a master of social media muckraking. He is not in the least inhibited by social norms for civil discourse.

The big hammer that American conservatism wields is the view of the “good us vs the bad them.” Somehow, the “bad them” always involves liberalism. “Them” can be the flavor of the day- immigrants, abortion, Muslims, NATO etc. This is guaranteed to frighten a certain fraction of the electorate. Throw in the eschatology of conservative Christians claiming that American politics will lead to or accelerate the end times and you have potent brew of dread fear.

Just to be clear, in US history there have never been long stretches of time when citizens frolicked innocently in green pastures of civility and peace was upon the land. There has always been turmoil and hardship somewhere for someone. We’ve always had murderers and thieves preying on the innocent and unwary. Yet the US experiment with democracy and capitalism overall has thrived, dipped and recovered over time. Somehow, Americans have avoided fascism. Until now.

There have always been exceptional people in the world who were able to rally groups for an epic cause, whether it was for military, political or religious purposes. It is the story of history. Today is no different, although the means and speed of persuasive communication has advanced considerably. After the invention of the printing press, there was opposition by religious leaders claiming that easy and rapid availability of information or propaganda would destabilize their personal view of how the social order should be. Since then, ideas of all sorts have found their way into the minds of the masses at increasing speed to this very day. Today, populist rhetoric and opinion can travel internationally at speeds limited only by the clock speed of computers and the speed of light.

There has always been a fraction of any population that gets agitated or frightens easily. Fright can come from direct experience or persuasion. Anything that threatens perceived safety, stability or income will unnerve people to some extent and some much more than others. It is called economic disenfranchisement and it is widespread in the US. Money equals power and lacking it means that one is not invited to the party.

The feeling of being cheated also agitates people. And this is where #45 excels. Unfortunately, in the US there is a large group of people that have not been able to fully enjoy the fruits of our civilization. For many reasons they have been passed over in terms of opportunities to advance or just keep up with the times.

One effect of technological advance is the obsolescence of labor-intensive jobs. Labor costs are always a target for innovators and businesspeople in the eternal march towards greater efficiency. This has been happening since the invention of the wheel. Any given task can be the target of cost reduction by lowering of the headcount. It may seem coldhearted but, in society, it is as ever-present as gravity.

People who lack valuable skill sets or those made obsolete by technology or corporate maneuvering are at a serious disadvantage in American society. People who chose life paths that did not include educational enrichment such a trade school or college have long been at a disadvantage. A comfortable retirement after a lifetime of low wages is difficult or impossible. Some people manage to excel but most don’t. Some start businesses that take off. Most don’t because they don’t know how or lack startup capital. The market can only sustain so many nail salons or restaurants in a given location.

Indicted ex-president #45 discovered his knack for anger politics at some point and jumped on it at a time when conservative electronic media was blossoming. He couldn’t help himself. His authoritarian impulse found a venue in politics and wide acceptance.

The acceptance of authoritarian leadership is particularly stupid for a citizen in a democracy. Our democracy is extremely unusual in human history. Many of us fail to appreciate that.

All of us exhibit stupidity now and then. We all commit “behavior or actions that show a lack of good sense or good judgement.” I do, that much is certain. We live in a time when a great many fellow citizens assent to a movement that, in the end, is not to their best interests. Not all stupid behaviors are equal in magnitude or in the kind of harm produced. It seems to me that gladly accepting authoritarian leadership in anger is especially stupid. Democracy once forfeited is not easily retrieved.

Trading away many of the benefits of democracy for some perceived guarantee of social order is a prelude to dictatorial government. Democracy is inherently chaotic to some extent. This is at the core of the American experiment. In exchange a notch of social order we trade some measure of freedom and liberty. Voting for authoritarian governance is the final act of a democracy.

The Folly of it is Stunning

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When I look around I marvel at how quickly some things can happen. How is it that so many people prostrate themselves in front of a madman like Trump since 2015? So many people are able to ignore the lies, aspersions and exaggerations that he casts about, and they even increase their support for the man as the felony indictments accumulate. Who would have guessed that America would fall into this tar pit of absurdity?

I’ve always suspected that the American experiment would collapse at some point, like all empires do. But to do so at the hands of a cartoonish, thuggish wannabe dictator-real-estate-developer-TV-star is just too much to bear. It’s so incredibly disappointing.

The Trump lovers seem unlikely to respond to reason in their lifetimes. They will go to their graves having given themselves to a confidence man who spoiled the American experiment.

The Refinery Crack Spread

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Reuters has reported that the crack spread enjoyed by oil refiners is currently sitting around $37.50. The crack spread is the difference between the price of crude oil and the petroleum products coming from it. This number is an indicator of the profitability of refinery output.

Cracking is a major operation at oil refineries where heavy, long chain hydrocarbons are broken into shorter chain hydrocarbons. Crude oil naturally contains a limited amount of components suitable for modern engines. An important attribute is branching. The goal is to produce the most valuable products from otherwise longer chain, lower value hydrocarbons.

A Scratch in the Surface of Gas Chromatography

The analytical workhorse of the petroleum refinery is the gas chromatograph, or GC. The GC consists of a precisely controlled oven and within it is a coiled, small diameter hollow fiber many meters in length. It is called a capillary GC column. At one end of the column is an injection chamber with a silicone septum that samples are injected through via syringe. This chamber is hot enough to flash evaporate the sample but not so high that it decomposes. For instance, I have usually used a 250 oC injector temperature. A common volume of liquid to be injected is 1 microliter. The sample can be neat or a solution and must be scrupulously free of particles.

Inside the injector is the carrier gas input- helium is often used. A large amount of the vaporized sample is flushed out of the injector leaving only a small quantity of sample to be injected. Connected to the injector is the entrance of the capillary column. The goal is to inject a very narrow plug of sample into the capillary column all at once. After the injection, the detector is activated and the data collection begins. Progress can be followed in real time or not. Once the sample is on the column the GC run must be taken to completion. There is no reset for the column.

Capillary column. Source: Agilent.

The inside surface of the long capillary column can be just fused silica or it can have a coating. In any case, the components of the sample each have a different affinity for the inner wall of the capillary. As the carrier gas pushes the vaporized sample components along, the components with the least affinity for the inner column surface advance through the column fastest and arrive at the detector earlier. Generally, the higher the molecular weight, the lower the volatility and the longer it takes to exit the column.

At the terminus of the capillary column is the detector. There are a variety of methods used to detect sample and send a signal to the plotter or computer. A particularly useful type of GC system uses a mass spectrometer as a detector. The flow of components enters an ionization chamber and positive ions are generated by electron impact and sent through the mass analyzer and on to the detector. This is occurring continuously as the sample components exit the column. As the components are detected, a regular chromatogram is collected and displayed. The difference with the mass spec detector is that along the timeline, mass spectra are also collected. It is possible to select any given peak in the chromatogram and display the mass spectrum.

A mass spectrum for every peak. Source: God I hope they don’t mind my using this graphic. American Chemical Society. I don’t need ACS goons banging on my door again!
Graphic from NASA showing schematic of the GC Mass Spec aboard the Huygens probe to Titan.

A mass spectrum detector offers the possibility of identifying the individual peaks from the molecular ion mass and the fragmentation pattern. That said, not all mass spectra are easily interpreted. Only cation fragments are visible. Neutral fragments must be inferred.

A stack of gas chromatograms showing the components of crude oil and several derived products below it. Each peak indicates a single component with the intensity along the y-axis and time in minutes along the x-axis. The area under each peak is proportional to the % composition in the sample. On the left side of the chromatogram are the components that are more volatile and exit the GC column earliest. The right side shows the components that exited the column after longer intervals. They are the longer chain molecules. Source: IRTC.

Back to the Crack

The most valuable refinery products are gasoline, fuel oil (including diesel), and aviation fuel. Within these three areas are subcategories that split into different product lines. These fuel product categories are defined by the number of carbon atoms in the blend of hydrocarbon molecules, saturation, and branching.

Refineries produce blended fuels affording certain properties according to their use. These properties include boiling point and vapor pressure specifications, octane or cetane numbers, viscosity, and pour point specifications. Between distillation, cracking, aromatization and reforming a wide variety of hydrocarbon substances are available from refining for formulation. A refinery is engineered to produce the largest volume of the most valuable hydrocarbons from continuous flow processes at the greatest profit.

Oh, I was just joking about the ACS goons. They don’t bang on your door.

Post Card From Ukraine

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Warning: Political content below.

I received a post card from Ukraine the other day because of a donation I made. It shows an event they are very proud of- the first attack on the Kerch bridge. I’m sure some Ukrainians feel abandoned by NATO’s refusal to let them join, but there is good reason behind NATO’s answer. Russia’s long-standing morbidly paranoid obsession with NATO and the “morally corrupt” West would only be validated by such a move. It would be destabilizing today and would definitely bring us closer to nuclear conflict. To do so today would immediately step NATO into direct conflict with Russia. Ok. Enough from Captain Obvious.

Source: A post card from Ukraine.

After the Russian revolution of 1918, the Bolsheviks tried to capture and Russify the Ukrainian territory. After several attempts in 1918-1922 they relented and Lenin finally consented to give them independence as a state within the Soviet Union. This was not because Lenin was interested in building a Ukrainian state, but rather it was a desperate move to mollify the Ukrainians while allowing the Bolsheviks to keep control over the territory. Lenin did not set out to create Ukraine.

During the early 1930’s, Stalin’s government was busy collectivizing the agricultural lands of the USSR. Collectivizing Ukrainian farmland meant getting peasants, especially those with greater than 8 acres of land (Kulaks) to turn over their land to the collective. This proved to be so messy that eventually Stalin closed off Ukraine and required internal passports. Thus began a 2-year famine leading to mass starvation. Ukrainian crops and animals were systematically removed by the Soviets in what were sometimes called “red trains.” During this time several million Ukrainians were starved to death, executed or imprisoned in a distant labor camp. This period covering 1932 to 1933 is called the Holodomor, or The Great Famine. You can read all about it on the interwebs.

As directed by Putin, Russia is presently attempting to extinguish Ukrainian culture again. The kidnapping of children and shipping them to be raised in Russian homes as well as other forms of Russification in the occupied territories of Ukraine are underway. For the Ukrainians, the Russian invaders are like the Borg from Star Trek in their needy desire to absorb them into their domain- “Resistance is futile.”

It should be remembered that the Ukrainian experience with Russia has been very bad for a long time.

Authoritarianism isn’t just a problem in some eastern European states. Seeds of it are being spread here in the US by a new brand of neoliberal GOP leaders. Many times they have the words “liberty” or “freedom” in the organizations names. This is a disingenuous and underhanded rhetorical maneuver in the same way that countries that use “Democratic” or “People’s Republic” in their names. Using the words “liberty” or “freedom” implies the sacred and wholesome attributes of Patriotism, motherhood and apple pie. Their utopian vision necessarily leads to the demolition of our present liberal democratic society. Neoliberalism is the road to oligarchy.

“Neoliberalism advocates a deregulated, capitalist, globalist market economy, reifies individual greed, and markets a watered-down version of Austrian economics to left-liberals. This ideology manifests as a hybrid between right-and-left liberalism, where the social ideals of left-liberals (particularly, social equality) is attacked via economics and a worldview which views people as only making choices for themselves.”

Source: Rationalwiki.org.

“Liberal democracy is the combination of a liberal political philosophy that operates under a representative democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, a market economy with private property, universal suffrage, and the equal protection of human rights, civil rights, civil liberties and political freedoms for all people.” 

Source: Wikipedia.

Obviously, there is overlap between the two definitions above. Both neoliberals and democratic liberals can be unquestionably patriotic. Where they differ is in their respective overall theories of civilization. As a baby boomer, I watched the funeral of JFK, the Viet Nam War, the Chicago riots, the killings at Kent State, the deceitful Nixon years, all of the moon landings, and everything else to the present day. During this time, semiconductors went from discrete devices to integrated circuits and medicine has advanced to applied biochemistry. All of the sciences have taken advantage of improving technology and have advanced at incredible speed and the unit cost of advanced technology continues to drop. Of course there were bad times, but there were a great many good times as well. The overall result was a good standard of living for most people and freedom from most of the dread diseases of the past. Life spans have increased, an explosion of consumer goods & services providing employment and items making our lives more convenient.

According to the Pew Research Center, 44 % of Republicans and Republican-leaning independents say that the US is giving too much aid to Ukraine. Not only that, but many Republicans are, if not outright admirers of Putin, view him more favorably than Biden, Harris, or Pelosi according to the Economist–YouGov poll of January, 2022. Liz Cheney refers to these people as the “Putin wing of the GOP.” In particular they admire his opposition to NATO, Western liberalism and LGBTQ+ rights. Is this because these Republicans have made a scholarly study of Putin against the backdrop of history and have concluded that he is worthy of their admiration over and above our democratic principles? Or are they parroting some sense of admiration drifting down from the GOP leadership? Decide for yourself.

Fascist, authoritarian leaders throughout history have always drawn the admiration of some fraction of a population. The 20th century alone had many standout examples and the trend continues to this very day. These leaders have convinced millions of people to ignore their own best interests and civil rights to support a cause that may have sounded exciting at a rally but led only to eventual oppression.

The Deep State

It appears that there really is a deep state in the US. It is the dark web of supporters, fund aggregators, lobbyists and fundraisers for the new ultra-conservative Republican party. These people wish to take us in the direction of more authoritarian and White Anglo Saxon Protestant (WASP) governance by gradually normalizing it. It’s like boiling the frog. This is not a Hollywood movie: the good guys could easily lose in the end. Once established, authoritarian regimes tend to last a long time, or at least, to the death of the tyrant. But sometimes the death of the tyrant only leads to continuation by another tyrant.

Trump and his ilk are succeeding in the normalization of regressive policy. Government-hating neoliberals and libertarians like Charles Koch and many others have been funding a movement for the demolition of most of the federal government in favor of a capitalist market-driven neoliberal Shangri-La. Remember when libertarian Grover Norquist said “I’m not in favor of abolishing the government. I just want to shrink it down to the size where we can drown it in the bathtub?” Libertarians and neoliberals aren’t anarchists, they just want the people with money and property to have the major input. Naturally, there is sympathy for this from many resource-heavy people.

Power has been defined as the ability to allocate resources. US national and global power is currently guided by taxpayer funded government. Both the private and public sectors add up to American hegemony. American business trends to increasing consolidation and is dominated by companies with the largest share of the resources. The natural end-state is monopoly. Business leaders piously repeat their appreciation of competition when, in reality, they are always trying to defeat the competition for market dominance. They will claim that market dominance is the ultimate result of achieving their fiduciary responsibilities- maximizing profit for the stockholders.

Boiling it down, libertarians and neoliberals want to abolish much of the state and federal government and focus on some kind of self-regulating market-based system. US economists always say that the market provides the most efficient use of capital. A market-based America will inevitably lead to a monopolistic corporate-based America. This is a system of economics, not governance. A plutocracy does not benefit the majority of us.

American corporations are not democratic in nature and make no pretense of it. They are autocracies ultimately answerable to the stockholders through a CEO and board of directors. State and federal government holds them answerable for adherence to the laws of the land. If there are a large number of burdensome regulations applying to the conduct of business, it is because sometime in the past, some individual or company has committed a harmful act leading to regulatory control. Regulations often stem from the dark side of past human behavior.

Back to Ukraine

Circling back, how does this talk of American politics relate to Ukraine? The Russian invasion of Ukraine and the Chinese threats over Taiwan and the Indo-Pacific region represent a period when major autocracies are pushing their boundaries. Russia is only held back because of NATO and other Western countries. China is held back because of its economic dependence on exports to Western nations who, surprisingly, will band together against them if threatened. I’m sure that they have also noticed that an otherwise simple military action of rolling tanks and troops into a “passive” territory like Ukraine can turn sideways rapidly. If anything, Putin has accomplished the opposite of his strategic goal of splitting up the members of NATO. It is critical now that US politics NOT cause us to abandon world affairs which is where Trump was leading us. The reelection of Trump would be an epic disaster for the free world and democracy.

A United States that tolerates the aggression of Russia or China is a country that cedes its global influence to them. Despite having lots of ugly history and a long list of regrettable decisions, the US remains a place that people want to immigrate to. You don’t hear about boatloads of immigrants attempting to get into Russia. If the US leaves a global leadership vacuum, guess who will jump in to take its place? Another liberal democracy? Seems unlikely.

Americans should remember that in the bathwater of US history there is a baby that needs to be cared for and not thoughtlessly discarded.

RIP Albert Eschenmoser

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A very accomplished organic chemist has died. Albert Jakob Eschenmoser, 97, retired professor of chemistry at ETH, Zurich (the Swiss Federal Institute of Technology) and The Skaggs Institute for Chemical Biology at The Scripps Research Institute in La Jolla, California. ETH Zurich is regarded as one of the best universities in the world. It is focused primarily on science, technology, engineering, and mathematics.

Eschenmoser is perhaps best known for his work on the synthesis of vitamin B12 along with Robert B. Woodward of Harvard University. Between the two groups this synthesis was accomplished over many years and required the labor of more than 100 students and postdocs grinding through their short times in the lab. This landmark synthesis was published in 1973.

Forms of vitamin B12. Source: MDPI.

This was perhaps the most complex organic synthesis of the time in 1973. Note that the wedge lines are meant to indicate that the feature is coming up out of the page and the dashed lines are jutting behind the page. Natural B12 has only 1 configuration of chemical bonds. Swapping something with a wedge with a dashed line group produces a different substance called a diastereomer. This all by itself makes the synthesis of B12 very difficult. Not only do the atoms have to be connected properly, but their arrangement in space must be correct also. This is called stereochemistry.

Junior RFK and Thimerosal

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My, my, my. Rober F. Kennedy Jr. really screwed the pooch with his comments on ethnically targeted COVID-19. Reportedly, he said “there is an argument that (COVID-19) is ethnically targeted”, adding “Covid-19 is targeted to attack Caucasians and Black people. The people who are most immune are Ashkenazi Jews and Chinese …. we don’t know whether it’s deliberately targeted or not.” If this quote is correct, he did not actually say that COVID-19 was ethnically targeted, but rather that “there is an argument …”. It is much like saying “is Bob still beating his wife? I just don’t know …” Whether he endorses the targeting theory or not isn’t clear, but he was willing to trot out this provocative statement to make his point. There was much blowback. Given the racial undertones, it was a large blunder.

RFK Jr. is well known as an advocate for conspiracy theories, some of which are whoppers. The online news magazine Slate has an article that compiles them. I find that his portfolio of mania is exhausting. The thought of pushing back against such seems like a fool’s errand. It reminds of a line in the movie True Grit: “What have you done when you have bested a fool?” What is the point in debating him?

RFK Jr. is a Harvard grad and went the University of Virginia School of Law to get his JD degree. He had a few slip ups early in his career but recovered. He spent most of his career as an environmental lawyer and has fought many laudable battles for environmental justice. Somewhere along the line he went off the rails and landed in the crackpot ferry to conspiracy land. RFK Jr. is a penetrating anti-vaccine voice who can draw large crowds if for no other reason just to see him.

The substance of concern behind much of the anti-vaccine Sturm und Drang is Thimerosal. It is a synthetic organomercurial compound that is effective against bacteria and fungi. Its biocidal properties have been known since the around 1930. Mercurials have been used since the time of the Swiss alchemist Paracelsus (Philippus Aureolus Theophrastus Bombastus von Hohenheim) in the 1500’s. Paracelsus is known for the pronouncement that “only the dose makes the poison.” This remains a fundamental principle of toxicology.

The early mercurial medicaments used by Paracelsus were simple inorganic salts of mercury(II) like mercuric chloride, HgCl2, or mercury(I) like mercurous chloride, Hg2Cl2, also known as the mineral calomel. Mercuric chloride is prepared by treating liquid mercury with sulfuric acid followed by addition of sodium chloride for anion exchange. Mercurous chloride is prepared by heating mercuric chloride with mercury to do the reduction of Hg++ to Hg+.

Thimerosal is sometimes wrongly compared to methylmercury, a known and tragically toxic compound with the formula CH3Hg+X–. The X anion can be chloride, hydroxide or a thiol, depending on the source. It is an easy comparison to make because of the similarity of methyl (CH3) to the ethyl (CH3CH2) hydrocarbon group in Thimerosal, but research has proven it to be a poor comparison. Methylmercury compounds can be produced by aquatic microorganisms in water bodies in the presence of inorganic mercury. The methylation of natural biomolecules is a well-known process.

Like many metals, mercury has an affinity for sulfur, occurring naturally as mercury (II) sulfide, HgS, as deposits of Cinnabar or as a minor constituent with other minerals. It also has an affinity for sulfur-containing amino acids such as methionine, cysteine and homocysteine found in proteins. In the bloodstream mercury binds with proteins like albumin to the extent of 95-99 %. While in the body and exposed to water it decomposes to thiosalicylate and ethylmercury. Ethylmercury cation (CH3CH2Hg+) disperses widely and can cross the blood-brain and placental barriers.

Cinnabar crystal, HgS. Source: Mindat.org

According to Doria, Farina, and Rocha (2015) in Applied Toxicology, a comparison of effects between methylmercury and ethylmercury gave essentially the same outcomes in vitro for cardiovascular, neural and immune cells. Under in vivo conditions, however, there was evidence of different toxicokinetic profiles. Ethylmercury showed a shorter half-life, compartmental distribution and elimination compared to methylmercury. Methylmercury and ethylmercury toxicity profiles show different exposure and toxicity risks.

For many years, Thimerosal was sold as an antiseptic under the name Merthiolate as a tincture (an ethanol solution) by Eli Lilly and Co. Like most households in the 1960’s, we had it in the medicine cabinet or its cousin Mercurochrome. They were used for topical application to burns, cuts and scratches. Thimerosal has been used as a preservative in many health-related preparations such as vaccines, eye drops and contact lens disinfecting solutions. While the CDC has cleared it of doing harm, anti-vaccine mania hit the fan well before COVID-19 and RFK Jr. put his credibility and name recognition behind it.

Thimerosal was first prepared by chemist Morris Kharasch at the University of Maryland in 1927. An interesting technical summary of the substance can be found on Drugbank Online.

Morris Selig Kharasch. Photo credit: National Academy of Sciences, 1960.

Kharasch is known for his pioneering work in free radical chemistry in the 1930’s at the University of Chicago but before that began his work with organomercury chemistry during the 1920’s while at the University of Maryland. His development of Thimerosal was a result of his organomercury work. He is also credited with opening the door to organic free radical chemistry leading to improvements in rubber polymer chemistry and manufacture. His work led to the use of peroxides to reliably induce the so-called anti-Markovnikov addition of a protic acid (HX) to olefins. The presence of trace peroxides was behind the unexpected “reverse” Markovnikov addition of seen in work with the addition of hydrogen bromide to bromopropene.

Kharasch’s early work in organomercury chemistry led to the invention (and patenting) of what became known as Merthiolate (thimerosal). Kharasch later worked as a successful consultant for Eli Lilly, the Du Pont Company, US Rubber, the US Army and others. In many cases these companies were the assignees of the patents.

Little mention is made of Morris Kharasch as a prolific and wide-ranging inventor with, by my count, 117 US patents with him as the inventor. So, why did Kharasch bother to patent Thimerosal? Did he anticipate its biocidal and preservative properties?

Kharasch references make mention of a 1931 patent regarding Thimerosal. That patent is STABILIZED BACTERICIDE AND PROCESS OF STABILIZING IT, US 1862896, appln. filed August 22, 1931, assignee: no party disclosed. The patent claims a process for and claims of water-soluble solution compositions. Numerous additives include antioxidants, alkyl amines, ethanolamine and borax. Claim 19 is telling. It claims the composition of sodium ethyl mercurithiosalicylate (Thimerosal), monoethanolamine, borax as a buffer and enough sodium chloride to make the composition sufficiently isotonic with the body fluids. In this patent the Thimerosal composition itself is not claimed, but as a component of a stabilized water solution. Claim 14 claims a water solution composition of sodium ethyl mercurithiosalicylate and an antioxidant which tends to “inhibit the acquisition” (odd choice of words) of burning properties by the solution. This plus the claim of an isotonic composition strongly suggests anticipated medicinal applications.

STABILIZED ORGANO-MERCUR-SULFUR COMPOUNDS, US 2012820, appln. Feb 17, 1934, assignee: Eli Lilly and Company. Claims a stabilized solution of alkyl mercuric sulfur compounds in water with aliphatic 1,2-diamines. Also claims Ethylenediamine ethylmercurithiosalicylate composition. This is similar to the ‘896 patent but specified ethylenediamines.

As mentioned above, the biocidal nature of inorganic mercurials had been known for a long time. There was actually limited success in the treatment of syphilis. But they were long known for being very harsh on the patient and grew out of favor when better treatments came along.

The antiseptic properties of Mercurochrome were discovered in 1918 at Johns Hopkins Hospital by urologist Hugh H. Young. Mercurochrome is essentially a dye molecule with an attached mercury warhead. There are three groups on the organic structure that aid in its solubility in water- NaO, CO2Na, and HgOH. Water solubility is often an important attribute in medicinal substances.

Source: Wikipedia.

Given that antiseptic properties of organomercurials were known, it is perhaps not surprising that an enterprising Ukrainian immigrant with an interest in organomercurials like Morris Kharasch might want to patent his invention.

Russian Aggression Towards Ukraine

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Some Western-centric remarks.

  • The history of the present Ukrainian territory is not a happy one. The land has been soaked with Ukrainian blood by Hitler and Stalin. Not being a historian, I’ll defer to my betters for a more cogent account of the timeline of that territory.
  • I’m completely behind the Ukrainians in their resistance to Putin’s brutal war machine. Putin’s view is that Ukraine has been an administrative district of Russia all along and is now infested with NAZI brutes. That Ukraine fell under the control of NAZIs is absurd on its face, but to a Russian public trapped in a deep information silo, it is apparently plausible.
  • According to Ukrainian historian Serhii Plokhii at the Ukrainian Research Institute at Harvard, from 1918 there were repeated failed attempts by the Bolsheviks to gain control of Ukraine. Lenin relented and concluded that it was necessary to grant Ukraine formal independence by 1922. This was necessary for the Bolsheviks to maintain control over Ukraine. Ukraine was granted autonomy as an independent state within the Soviet Union.
  • In the recent 2023 meeting in Vilnius, NATO declined to accept Ukraine joining the organization. Russia has long made a show of believing that NATO wants to commit aggression against them. That NATO is a defensive pact somehow never sunk in. Ukraine joining NATO will only be seen by Putin as the latest and largest threat to Russian state security. Given how well the conventional military apparatus has performed in the attack on Ukraine, it isn’t safe to conclude that steady hands are hovering over the nuclear button.
  • With the violent history of Russia in eastern Europe, why would anyone want to start a war of aggression against Russia there? Let’s say that the West waged war against Russia and won. They are not a nation of people begging for western-style democracy. Russia resents the cultural, military and political dominance of the West, that is, Western hegemony. The collapse of the USSR was a major loss of face for a great many in the Soviet Union, especially for Lieutenant Colonel and later FSB director Vladimir Putin. Putin openly seeks to “Make Russia Great Again,” and like Trump, is surfing on a wave of fear and nationalism.
  • It seems certain that once Ukraine is in hand, Putin will continue with his murderous land-grab. The Baltic states, Poland, Georgia and a land corridor through Poland to Kaliningrad are all at risk and they know it. It is what was called the “Domino Theory” back in the cold-war days of the Viet Nam war. It was used to justify many military responses by the west to Russian expansionism.
  • For the West, the challenge is to keep Putin’s Russia contained and yet away from the nuclear precipice. It is a game of who can outlast who.
  • American apathy with foreign affairs has long been a common affliction. Sadly, the US Republican party is making a virtue out of admiring Putin and the burgeoning autocracy in Hungary. Since World War II, the US and Europe (formerly Western Europe) have had hegemony in the areas of dominant currency, finance, English language, military power projection and general commerce around the world. Today, Russia and China are quite clear that they wish to bring down this historical Western hegemony as soon as they can.

Definition: Hegemony, \hih-JEM-uh-nee\ noun. 1 : preponderant influence or authority over others : domination. 2 : the social, cultural, ideological, or economic influence exerted by a dominant group.

Wikipedia.

Definition: Liberal democracy is the combination of a liberal political philosophy that operates under a representative democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, a market economy with private property, universal suffrage, and the equal protection of human rights, civil rights, civil liberties and political freedoms for all people. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. 

https://en.wikipedia.org/wiki/Liberal_democracy#:~:text=In%20liberal%20democracy%2C%20an%20elected,distributes%20economic%20and%20social%20benefits.
  • Under Chinese or Russian hegemony the world order will be very different than that held by the US and Europe. The US and Europe have various versions of liberal democracy and support other nations who do as well. To view the future, just have a look at how these two countries conduct government in their own countries. Care to live under the Chinese Communist Party’s or under Putin’s world order? As an American, the English lingua franca, for better or worse, seems to work fairly well. Imagine Westerners switching to written and spoken Mandarin. At least Russian is based on an alphabet. Am I biased towards alphabetic languages? Definitely.

Why isn’t Jupiter’s atmosphere all mixed up?

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Jupiter is quite old like the rest of the solar system. But even this far down the timeline, it is still a banded, multicolored gas giant. The same goes for Saturn. How is it that these planets are not some shade of brown or grey? The planet has an active atmosphere with complex circulation patterns. After a few billion years of atmospheric mixing, how is it that Jupiter still has a banded and bespotted atmosphere?

Ever wonder what substances are responsible for the colored features on Jupiter? Molecular hydrogen and helium make up the vast majority of atmospheric components but these gases are not colored in the visible spectrum. Other gases found in the atmosphere include the noble gases argon, krypton, and xenon; ammonia (NH3); methane (CH4); hydrogen sulfide (H2S); water (H2O); phosphine (PH3) are all colorless as well. Ammonium sulfide ((NH4)2S, CAS# 12135-76-1) and ammonium hydrosulfide (NH4SH, CAS# 12124-99-1) are thought to exist there. These last two could arise from a simple acid/base reaction between hydrogen sulfide and ammonia. A more comprehensive view can be had here. From the looks of it, Jupiter is a very stinky place.

The gaseous substances above are certainly colorless when free of suspended particles. Their respective pure condensates while colorless would be expected to produce whitish vapors or liquid/solid condensates. According to one source, ammonium hydrosulfide is a yellow fuming liquid with a boiling point of 51.6 oC at one atmosphere and forms white rhombic crystals under anhydrous conditions. Ammonium hydrosulfide is at equilibrium with its components ammonia and hydrogen sulfide.

Ammonium sulfide is a yellow crystalline solid that decomposes at ambient temperature (and presumably at 1 atmosphere on earth).

Organic compounds like methane, ethane, acetylene, and diacetylene found in trace amounts in the Jovian atmosphere could be activated by UV sunlight in the upper atmosphere into higher molecular weight unsaturated substances that could have visible chromophores present. This would be an ongoing process as circulation moves the substances around so there should be accumulation.

Credit: Webb Space Telescope; https://webbtelescope.org/contents/media/images/4182-Image

Given the optical opacity of the visible clouds on Jupiter, whatever colors are there must be due to suspended liquid aerosols and solid particulates. The colorful photo below, glorious though it may be, is an enhanced image in the optical wavelengths and possibly suggests there may be a higher concentration of colored substances than really exist.

In fairness, with all imagery, be it chemical photography or digital photography, decisions have to be made about color balance, saturation and contrast. In both cases, be it dyes or silver halide or semiconductor chips, these photosensitive materials won’t be sensitive across the color spectrum in the same way that our eyes are. It is hard to say by just looking at the photos how much image enhancement has been done to them. In particular, how is the color balance established? Well, NASA has made the Juno raw images available to the public so a lot of image enhancement by various people has been done based on aesthetics without regard to visual accuracy.

NASA has a piece of software used for color correction at the link here.

Even more fundamental than the limitations of the sensor chip on board Juno is the matter of “what is color anyway?” In this universe, the color of the spectrum as humans perceive it exists only in the convoluted neural pathways of our brains. In reality, the visible color spectrum is comprised of a band of wavelengths of electromagnetic radiation (EMR) ranging from 380 to 700 nanometers. Every other range of EMR like gamma rays, x-rays, ultraviolet, infrared, microwave and longwave “radio” light could be thought of as having their own “color” spectrum, albeit invisible to our eyes.

A Bit O’Chemistry

Color is a sensation that comes to our consciousness as a result of (bio)chemical mechanisms. Chemistry is generally about what can happen with the outer valence level electrons that buzz around atoms and molecules. We Earthlings are composed of chemicals and because EMR (photons) can interact with substances in ways that depend on the wavelength of the EMR. Our light perception begins with the ability of our chemical building blocks to absorb a certain band of wavelengths. Light can do two things in an encounter with matter- it can undergo absorption/emission or scattering with matter.

Graphics courtesy of me.

Absorption of a photon of visible or ultraviolet light by an organic molecule happens because there is something that can be acted upon to absorb the energy. Absorption of a photon of visible light by a molecule is limited to its valence electrons. In particular, a valence electron can be stimulated to jump to a higher energy level orbital around the organic molecule. This can result in a chemical change in the receiving molecule.

Absorption of infrared light causes vibration in the structure of the molecule. X-rays can cause ejection of inner electrons. Gamma rays can be absorbed or scatter off the nucleus. Microwave photons induce rotational motion or torsion in a polar molecule. Cosmic radiation is often so energetic that molecules are indiscriminately broken at the chemical bond level into neutral or charged pieces, leaving an ion channel along the path of the particle. However, new molecules may form when the reactive fragments recombine. Cosmic ray collisions with atomic nuclei form narrow sprays or showers of nuclear particles as is what happens in earth’s atmosphere. This is called secondary cosmic radiation and is comprised of x-rays, protons, alpha particles, pions, muons, neutrons, neutrinos and electrons.

Note the carbon bonds above with two lines between carbon atoms. They are called “double bonds” and they can absorb visible and ultraviolet EMR. When several of them are alternating as in Retinal, they are capable of visible light absorption. Roughly speaking, the longer the chain the longer the wavelength that can be absorbed, not unlike an antenna. Absorption of a photon can cause one of the two bonds to break and allow the remaining carbon chain to rotate about the remaining single bond. In this case the cis form rotates into the trans form which is a bit more stable due to reduced strain energy. The double bond can reestablish in the trans form and lock into place.

In changing from cis to trans, the elemental composition has not changed but the shape and certain chemical and physical properties have. When the shape of a molecule is changed, the manner in which the molecule interacts by contact with other molecules changes, particularly with proteins. This triggers the chain of biochemical events that follow, leading to light perception in our consciousness.

In living systems, some biomolecules have features that lend them the ability to absorb photons, sometimes to a useful end and sometimes to a destructive end (i.e., as with UV light and x-rays). Here, a chemical change would be the rearrangement of an electron around the molecule or a change in molecular shape or both. Receptor molecules in the retina are a particularly good example of a useful result of light absorption.

The result of this change from cis to trans is ultimately communicated from the retina to the brain via depolarization waves moving along nerve fibers and releasing neurotransmitters across synaptic gaps. Importantly, the change that caused the polarization wave is not permanent.

The visible spectrum of light waves, a bit under 1 octave wide, just so happens to be the band of light that can interact with valence electrons absent the destructive excitation that UV and x-rays cause. Infrared light causes vibration of chemical bonds and microwaves cause rotation of polar molecules. Longer radio waves pass right through us.

Rather than go into the biochemistry of this I will invite the reader to surf the interwebs for more. When you examine the chemical mechanism of light perception, think about what it took to figure this out.

Back to Jupiter.

Well, something opaque and colored is swirling around Jupiter persistently- just what the heck is it? The above example of Retinal was of a carbon-based, organic substance. The way carbon-based molecules interact with light is somewhat different than inorganic complexes. Whereas organic molecules can have double bonds and lone electron pairs that can interact with EMR, inorganic substances are largely absent this bonding feature. Instead, absorption and excitation of valence electrons and the net charge of a metal ion are involved. Inorganic substances as a group have a very broad range of colors.

What is of interest here is why the atmosphere hasn’t mixed into a single color over cosmic time. By visual inspection of the Juno images, Jupiter’s atmosphere is covered with abundant turbulent flows in the atmosphere.

The answer must relate to the unseen vertical flows. A colorless gas that condenses into clouds transitions from colorless to opaque as it rises, cools and condenses just like on Earth. Jupiter is famous for its colored stripes and the persistent Great Red Spot. These stripes render visual certain flows around the planetary axis. Due to the spherical shape of the rotating planet and heating from the sun, there will be a temperature gradient with altitude, a gradient pole to equator and Coriolis effect. All of this with varying amounts of vertical mixing as well.

There must be the possibility of non-gaseous material being lofted into the atmosphere from some liquid or solid surface below into a stable but complex system of circulation patterns. The process would self-select the finer particulates that are small enough to remain suspended in the atmosphere. But this in itself does not explain the presence of the colored bands or swirls.

Perhaps the colored bands and swirls infer a solid or liquid surface below that is inhomogeneous, that is, there are localized enriched “deposits” of particular substances. These surface deposits may or may not be “locked” into the latitude by the prevailing winds according to the physical properties of the material.

The apparent longevity of the multicolored atmosphere could be because the striped, large-scale circulation features are of sufficient strength that their inertia carries them around the planetary axis and directs them away from latitudinal flow. This would not prevent vortex formation at the interface or even within the band.

Enough. This is where I get off the hamster wheel of wild scientific speculation.

A few details on the JunoCam can be found here.

The above image is spectacular but is not what the human eye would perceive. Below is a comparison of a simulated human eye view vs a processed image with increased color saturation and contrast.

Human eye view of Jupiter vs image enhanced view. Image processing enhances color saturation and contrast. Photo credit: https://www.nasa.gov/image-feature/jpl/nasa-s-juno-mission-reveals-jupiter-s-complex-colors/
Credit: NASA JPL, https://photojournal.jpl.nasa.gov/jpeg/PIA25017.jpg

Included just because it is pretty. Credit: NASA

Water Breaks in Tejas

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Local laws mandating that 10 minute water breaks be given to construction workers every 4 hours have been eliminated by Tejas Governor Greg Abbott and the legislature under HB2127 titled “Texas Regulatory Consistency Act.” The bill was put forward by Rep. Dustin Burrows, R-Lubbock. The bill is seen as an effort to push back on progressive local laws by cities like liberal-leaning Austin and Dallas where ordinances have been put into place to protect construction workers against the oppressive heat of Texas. Abbott said the bill will “provide a new hope to Texas businesses struggling under burdensome local regulations.”

Hyperbole,  /haɪˈpɝː.bəl.i/, noun; a way of speaking or writing that makes someone or something sound bigger, better, more, etc. than they are

In Section 2 of the bill, it says the legislature finds that:  “(1) the state has historically been the exclusive regulator of many aspects of commerce and trade in this state; (2)  in recent years, several local jurisdictions have sought to establish their own regulations of commerce that are different than the state’s regulations; and (3)  the local regulations have led to a patchwork of regulations that apply inconsistently across this state.“

The State claims to be the exclusive regulator of commerce and trade in the state pursuant to Section 5, Article XI, Texas Constitution. HB2127 was written to more closely define what kinds of codes local governments are free to do.

Given the state’s interest in commerce and trade, Section 6 removes any ambiguity in that regard. Labor regulations come under the heading of commerce and trade, so the state is the only lawgiver here.

HB 2127, SECTION 6.

Subchapter A, Chapter 1, Business & Commerce Code, is amended by adding Section 1.109 to read as follows:

Sec. 1.109. PREEMPTION. Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.

Backers of the bill say that under OSHA, employers already have a duty to provide a safe workplace work place. A spokesman for the Associated Builders and Contractors of Texas said that “local rules impose a rigid scheme that, unlike OSHA guidelines, does not allow the flexibility needed to tailor breaks to individual job site conditions.”

However, according to David Michaels who led OSHA from 2009 to 2017, “Under OSHA law, it is employers who are responsible to make sure workers are safe,” said Michaels, now a professor at the George Washington University School of Public Health. “And we have compelling evidence that they are doing a very poor job because many workers are injured on the job, especially in Texas.”

Michaels also said that OSHA can issue a citation for a heat-related injury or death, but only after it has taken place. He also points out that OSHA has no national standard for heat related injury.

However, OSHA does have the General Duty Clause for situations where there are no specific standards applicable.

29 U.S.C. § 654, 5(a)1: Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

29 U.S.C. § 654, 5(a)2: Each employer shall comply with occupational safety and health standards promulgated under this act.

29 U.S.C. § 654, 5(b): Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

The legislation to remove local laws regarding construction labor hazards was apparently motivated by the desire of the GOP to slap down islands of liberalism in Texas.

This graphic was produced by the Texas Tribune using data from Texas Department of State Health Services. Source: https://www.texastribune.org/2023/06/16/texas-heat-wave-water-break-construction-workers/

The chart above shows that known heat-related deaths in Tejas are up sharply in the last 2 years. Migrants and the homeless are hit particularly hard by hyperthermia.

I can understand the desire to smooth out the spotty nature of regulatory sovereignty across any state. It is really a matter of state vs local control and there shouldn’t be any confusing overlap of authority. Texas has chosen primacy over commerce and trade, of which labor is a part of. Somewhere in the process of this, someone noticed that regulations on water breaks mandated by municipal statute will be invalidated.

News stories came out with the shocking news that people working outdoors will not be guaranteed water breaks. The absence of statutory regulation on water breaks does not mean that workers will be denied water. Any employer who wants to retain employees will not deny water to employees. What has been invalidated are mandatory 10-minute water breaks every 4 hours. A workday is usually broken down into a break midmorning and midafternoon with lunch at around noon. These are 3 opportunities to grab a drink of water. A mandatory break after 4 hours past arrival places the break around lunch and quitting time anyway for an 8-hour day, so it is hard to imagine what advantage it gives for an 8-hour day. For longer days it would be beneficial. Employers who would deny water to employees should be punished.

Construction site managers object to rules that would interfere with things like concrete deliveries and crane work. Both are time sensitive activities. Even in the rough and tumble construction field, most companies will do the right thing and allow access to water at all times.

Texas HB2127 itself is silent on the matter of water breaks for workers. It simply reasserts authority already provided in the state constitution, namely as the, ” … exclusive regulator of many aspects of commerce and trade … ” and supersedes local statutes that overlap with what the state sees as its sovereignty. It seems a little sly, but not fundamentally corrupt.

So, the question becomes, will the State of Texas legislate mandatory water breaks for workers in hot environs? Given the rabid pro-business leanings of the state, it seems doubtful.

Am I taking the side of the Republicans on this? Goddammit, I hate to say it, but I suppose I am.