[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 849

     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

                            February 4, 2009

   Mr. George Miller of California (for himself, Mr. Barrow, and Ms. 
   Woolsey) 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 ``Worker Protection Against 
Combustible Dust Explosions and Fires Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An emergency exists concerning worker exposure to 
        combustible dust explosions and fires.
            (2) Fourteen 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.
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