[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5522 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5522

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2008

Mr. George Miller of California (for himself and Mr. Barrow) introduced 
 the following bill; which was referred to the Committee on Education 
                               and Labor

_______________________________________________________________________

                                 A BILL


 
     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 ``Combustible Dust Explosion and Fire 
Prevention Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An emergency exists concerning worker exposure to 
        combustible dust explosions and fires.
            (2) At least 12 workers were killed and more than 60 
        seriously injured in a catastrophic combustible dust explosion 
        at Imperial Sugar in Savannah, 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. A quarter of the explosions 
        occurred at food industry facilities, including sugar plants.
            (4) The CSB concluded that ``combustible dust explosions 
        are a serious hazard in American industry''.
            (5) Material Safety Data Sheets (MSDSs) often do not 
        adequately address the hazards of combustible dusts and the 
        hazard communication standard promulgated by the Occupational 
        Safety and Health Administration (OSHA) (29 C.F.R. 1910.1200) 
        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 
        dust explosion standards, and also that OSHA revise the hazard 
        communication standard to clarify that combustible dusts are 
        covered and that Material Safety Data Sheets contain 
        information about the hazards and physical properties of 
        combustible dusts.
            (7) OSHA has not formally acted on either of the CSB's 
        regulatory recommendations.
            (8) OSHA issued a grain handling facilities standard in 
        1987 (29 C.F.R. 1910.272) that has proven highly effective in 
        reducing the risk of combustible grain dust explosions, 
        according to an OSHA evaluation.
            (9) No OSHA standard comprehensively addresses combustible 
        dust explosion hazards in general industry.
            (10) 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) Rulemaking.--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 apply to manufacturing, 
        processing, blending, conveying, repackaging, and handling of 
        combustible particulate solids and their dusts, including food 
        (such as candy, starch, flour, sugar, feed), plastics, wood, 
        rubber, furniture, textiles, pesticides, pharmaceuticals, 
        fibers, dyes, coal, metals (such as aluminum, chromium, iron, 
        magnesium, and zinc), fossil fuels power, and any other 
        industry in which combustible dust presents a hazard, 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 provide no less protection than the 
        recommendations contained in the National Fire Protection 
        Association's Standard for the Prevention of Fire and Dust 
        Explosions from the Manufacturing, Processing, and Handling of 
        Combustible Particulate Solids-2006 (NFPA 654) and Standard for 
        Combustible Metals-2006 (NFPA 484) and shall provide for the 
        following:
                    (A) Requirements for hazard assessment to identify 
                evaluate and control combustible dust hazards.
                    (B) Requirements for a written program which 
                includes plans for hazardous dust inspection, testing, 
                housekeeping, and control, with established frequency 
                and methods.
                    (C) Requirements for engineering, administrative 
                controls and operating procedures such as means to 
                controlling fugitive dust emissions and ignition 
                sources, the use of dust collection systems and 
                filters, minimizing horizontal surfaces where dust can 
                accumulate, and sealing of areas inaccessible to 
                housekeeping.
                    (D) Requirements for managing change of dust 
                producing materials, technology, equipment, staffing, 
                and procedures.
                    (E) Requirements for housekeeping to control 
                accumulation of combustible dust.
                    (F) Requirements for building design, such as 
                equipping buildings with explosion venting or 
                sprinklers.
                    (G) Requirements for explosion protection, 
                including separation and segregation of the hazard.
                    (H) Requirements for employee participation in 
                hazard assessment, development of and compliance with 
                the written program, and other elements of hazard 
                management in this standard.
                    (I) Requirements to provide written safety and 
                health information and training to employees, including 
                hazard communication information, labeling, and 
                training.
            (3) Effective date of interim standard.--The interim final 
        standard shall take effect upon 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.--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. The 
final standard shall contain, at a minimum, the worker protection 
provisions in subsection (a)(2).

SEC. 4. REVISION OF THE HAZARD COMMUNICATION STANDARD.

    (a) Rulemaking.--The hazard communications standard in section 
1910.1200(c) of chapter 29, Code of Federal Regulations, shall be 
revised as follows:
            (1) The definition of ``physical hazard'' (29 C.F.R. 
        1910.1200(c)) shall be revised to include ``a combustible 
        dust'' as an additional example of a physical hazard.
            (2) The term ``combustible dust'' shall be added to the 
        definitions in such section and such term shall be defined as 
        ``a combustible particulate solid or finely divided metal that 
        presents a fire or deflagration hazard when suspended in air or 
        some other oxidizing medium over a range of concentrations 
        regardless of particle size and shape''.
    (b) Procedure and Effective Date.--The modifications of the 
standard required by subsection (a) shall be made and published in the 
Federal Register not later than 6 months after the date of enactment of 
this Act by the Secretary of Labor acting through the Occupational 
Safety and Health Administration 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. Such revised standard shall take effect not later than 90 days 
after the publication in the Federal Register.
    (c) Effect of Modifications.--The modifications 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 such section.
                                 <all>