[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5522 Referred in Senate (RFS)]
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.
(a) Interim Standard.--
(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).
(b) Final Standard.--
(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.