HR 5522
4-30-08, Bill Passed House 247-165
Referred to Senate Committee
on Health, Education, Labor & Pensions
110th CONGRESS
2d Session
H. R. 5522
IN THE SENATE OF THE UNITED STATES
May 1, 2008
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To require the Secretary of Labor to issue interim and final occupational
safety and health standards regarding worker exposure to combustible dust,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Worker Protection Against Combustible Dust Explosions
and Fires Act of 2008'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An emergency exists concerning worker exposure to combustible dust explosions
and fires.
(2) 13 workers were killed and more than 60 seriously injured in a catastrophic
combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia
on February 7, 2008.
(3) Following 3 catastrophic dust explosions that killed 14 workers in 2003,
the Chemical Safety and Hazard Investigation Board (CSB) issued a report
in November 2006, which identified 281 combustible dust incidents between
1980 and 2005 that killed 119 workers and injured 718. The CSB concluded
that `combustible dust explosions are a serious hazard in American industry'.
(4) A quarter of the explosions occurred at food industry facilities, including
sugar plants. Seventy additional combustible dust explosions have occurred
since 2005.
(5) Material Safety Data Sheets (MSDSs) often do not adequately address
the hazards of combustible dusts, and the OSHA Hazard Communication Standard
(HCS) inadequately addresses dust explosion hazards and fails to ensure
that safe work practices and guidance documents are included in MSDSs.
(6) The CSB recommended that OSHA issue a standard designed to prevent combustible
dust fires and explosions in general industry, based on current National
Fire Protection Association (NFPA) dust explosion standards.
(7) The CSB also recommended that OSHA revise the Hazard Communication Standard
(HCS) (1910.1200) to clarify that combustible dusts are covered and that
Material Safety Data Sheets contain information about the hazards and physical
properties of combustible dusts.
(8) OSHA has not initiated rulemaking in response to the CSB's recommendation.
(9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272),
in 1987 that has proven highly effective in reducing the risk of combustible
grain dust explosions, according to an OSHA evaluation.
(10) No Occupational Safety and Health Administration standard comprehensively
addresses combustible dust explosion hazards in general industry.
(11) Voluntary National Fire Protection Association standards exist which,
when implemented, effectively reduce the likelihood and impact of combustible
dust explosions.
SEC. 3. ISSUANCE OF STANDARD ON COMBUSTIBLE DUST.
(1) APPLICATION AND RULEMAKING- Notwithstanding any other provision of law,
not later than 90 days after the date of enactment of this Act, the Secretary
of Labor shall promulgate an interim final standard regulating combustible
dusts. The interim final standard shall, at a minimum, apply to manufacturing,
processing, blending, conveying, repackaging, and handling of combustible
particulate solids and their dusts, including organic dusts (such as sugar,
candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture,
textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such
as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others
determined by the Secretary, but shall not apply to processes already covered
by OSHA's standard on grain facilities (29 C.F.R. 1910.272).
(2) REQUIREMENTS- The interim final standard required under this subsection
shall include the following:
(A) Requirements for hazard assessment to identify, evaluate, and control
combustible dust hazards.
(B) Requirements for a written program that includes provisions for hazardous
dust inspection, testing, hot work, ignition control, and housekeeping,
including the frequency and method or methods used to minimize accumulations
of combustible dust on ledges, floors, equipment, and other exposed surfaces.
(C) Requirements for engineering controls (which requirements shall be
effective 6 months after the date on which the interim standard is issued),
administrative controls, and operating procedures, such as means to control
fugitive dust emissions and ignition sources, the safe use and maintenance
of dust producing and dust collection systems and filters, minimizing
horizontal surfaces where dust can accumulate, and sealing of areas inaccessible
to housekeeping.
(D) Requirements for housekeeping to prevent accumulation of combustible
dust in places of employment in such depths that it can present explosion,
deflagration, or other fire hazards, including safe methods of dust removal.
(E) Requirements for employee participation in hazard assessment, development
of and compliance with the written program, and other elements of hazard
management.
(F) Requirements to provide written safety and health information and
annual training to employees, including housekeeping procedures, hot work
procedures, preventive maintenance procedures, common ignition sources,
and lock-out, tag-out procedures.
(3) PROCEDURE- The requirements in this subsection shall take effect without
regard to the procedural requirements applicable to regulations promulgated
under section 6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, United
States Code.
(4) EFFECTIVE DATE OF INTERIM STANDARD- Except as specified in paragraph
(2)(C) with regards to engineering controls, the interim final standard
shall take effect 30 days after issuance. The interim final standard shall
have the legal effect of an occupational safety and health standard, and
shall apply until a final standard becomes effective under section 6 of
the Occupational Safety and Health Act (29 U.S.C. 655).
(1) RULEMAKING- Not later than 18 months after the date of enactment of
this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational
Safety and Health Act (29 U.S.C. 655), promulgate a final standard regulating
combustible dust explosions.
(2) REQUIREMENTS- The final standard required under this subsection shall
include the following:
(A) The scope described in subsection (a)(1).
(B) The worker protection provisions in subsection (a)(2).
(C) Requirements for managing change of dust producing materials, technology,
equipment, staffing, and procedures.
(D) Requirements for building design such as explosion venting, ducting,
and sprinklers.
(E) Requirements for explosion protection, including separation and segregation
of the hazard.
(F) Relevant and appropriate provisions of National Fire Protection Association
combustible dust standards.
(3) PROCEDURE- The final standard required by this subsection shall be promulgated
in accordance with the procedural requirements for rulemaking under section
6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b))
and under title 5, United States Code, including the requirements relating
to small businesses in chapter 6 of such title.
SEC. 4. REVISION OF THE HAZARD COMMUNICATION STANDARD.
(a) Revision Required- Notwithstanding any other provision of law, not later
than 6 months after the date of enactment of this Act, the Secretary of Labor
shall revise the hazard communication standard in section 1910.1200 of title
29, Code of Federal Regulations, by amending the definition of `physical hazard'
in subsection (c) of such section to include `a combustible dust' as an additional
example of such a hazard.
(b) Effect of Modifications- The modification under this section shall be
in force until superseded in whole or in part by regulations promulgated by
the Secretary of Labor under section 6(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same manner and
to the same extent as any rule or regulation promulgated under section 6(b).
(c) Effective Date- The modification to the hazard communication standard
required shall take effect within 30 days after the publication of the revised
rule.
Passed the House of Representatives April 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
END
