1.This Act may be cited as the
Worker Protection Against Combustible
Dust Explosions and Fires Act of 2009
.
2.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.
3.Issuance of
Standard on combustible dust
(a)
(1)Application and
rulemakingNotwithstanding 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)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)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 standardExcept 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)
(1)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)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)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.
4.Revision of the
hazard communication standard
(a)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)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)The modification to the hazard communication standard
required shall take effect within 30 days after the publication of the revised
rule.