[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 522 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 522

  To require the Secretary of Labor to issue an interim occupational 
  safety and health standard regarding worker exposure to combustible 
                     dust, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2011

   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 the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Labor to issue an interim occupational 
  safety and health standard 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 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An emergency exists concerning worker exposure to 
        combustible dust explosions and fires, and there is a 
        significant risk of death or severe injury to workers employed 
        at facilities where combustible dusts are present.
            (2) 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''. A quarter of the explosions occurred at food 
        industry facilities, including sugar plants.
            (3) In November 2006, the CSB recommended that the 
        Occupational Safety and Health Administration (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.
            (4) Fourteen workers were killed and more than 38 seriously 
        injured in a catastrophic combustible dust explosion at 
        Imperial Sugar in Port Wentworth, Georgia on February 7, 2008.
            (5) An investigation by the CSB found that the explosion at 
        Imperial Sugar was fueled by a massive accumulation of sugar 
        dust throughout the packaging building, triggering a series of 
        secondary explosions throughout the factory.
            (6) The CSB's final report of September 24, 2009, regarding 
        the Imperial Sugar Refinery explosion reiterated its previous 
        recommendation from November 2006 that OSHA proceed 
        expeditiously ``to promulgate a comprehensive standard to 
        reduce or eliminate hazards from fire and explosion from 
        combustible powders and dust''.
            (7) Explosions continue to injure workers and cause 
        property damage. In the 3 years since the February 7, 2008, 
        explosion at Imperial Sugar, there have been 24 additional 
        combustible dust explosions or fires resulting in 4 deaths and 
        65 injuries to workers through February 7, 2011, according to 
        data released by the Chemical Safety Board.
            (8) On October 21, 2009, OSHA issued an advance notice of 
        proposed rulemaking in response to the CSB's recommendation; 
        however, a final rule will take at least 4 more years, during 
        which it is foreseeable that additional workers will be 
        seriously injured or killed.
            (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 OSHA standard comprehensively addresses combustible 
        dust explosion hazards in general industry.
            (11) Voluntary NFPA standards exist that, when implemented, 
        effectively reduce the likelihood and impact of combustible 
        dust explosions. In particular--
                    (A) certain requirements currently apply to 
                existing establishments, which NFPA refers to as a 
                ``retroactive'' application, and include hazard 
                assessment, housekeeping, control of static 
                electricity, control of open flames and sparks, use of 
                certain tools, employee training, and requirements for 
                inspection and maintenance of equipment;
                    (B) other requirements include conventional 
                ignition source control and dust emission control 
                technologies, such as ventilation systems that capture 
                fugitive dust, and enclosure of dust generating 
                processes;
                    (C) many employers currently implement such 
                requirements from NFPA standards to address combustible 
                dust hazards in the workplace; and
                    (D) many employers maintain written combustible 
                dust safety programs and involve employees in 
                implementing the program, which are important aspects 
                of a comprehensive combustible dust hazard control 
                system.
            (12) Implementation of such means of hazard control is both 
        technologically and economically feasible and would 
        substantially reduce risks related to combustible dust fires 
        and explosions to workers.

SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST.

    (a) Application and Rulemaking.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Labor shall promulgate 
an interim final standard regulating occupational exposure to 
combustible dust hazards. 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 the occupational safety and health standard on grain 
facilities contained in section 1910.272 of title 29, Code of Federal 
Regulations.
    (b) Application.--The interim final standard required under this 
section shall be based on those portions of the National Fire 
Protection Association Standards in effect on the date of enactment of 
this Act that--
            (1) apply to existing facilities; or
            (2) call for source and dust emission control technologies, 
        such as ventilation systems that capture fugitive dust, and 
        enclosure of dust generating processes.
    (c) Requirements.--The interim final standard required under this 
section shall include the following elements:
            (1) Requirements for hazard assessment to identify, 
        evaluate, and control combustible dust hazards.
            (2) 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.
            (3) Requirements for engineering controls, administrative 
        controls, and operating procedures, including means to control 
        fugitive dust emissions and ignition sources, and the safe use 
        and maintenance of process equipment and dust collection 
        systems and filters.
            (4) Requirements for workplace inspection and 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.
            (5) Requirements for participation of employees and their 
        representatives in hazard assessment, development of and 
        compliance with the written program, incident investigation, 
        and other elements of hazard management.
            (6) Requirements to provide written safety and health 
        information and annual training to managers and employees and 
        their representatives, including housekeeping procedures, hot 
        work procedures, preventive, predictive, and periodic 
        maintenance procedures, common ignition sources, and lock-out, 
        tag-out procedures.
    (d) Applicability of Other Statutory Requirements.--The 
requirements applicable to occupational safety and health standards 
under section 6(b) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, 
United States Code, and titles 2 and 42, United States Code, shall not 
apply to the issuance of the interim final standard required under this 
section.
    (e) Effective Date of Interim Standard.--The interim final standard 
shall take effect 30 days after issuance, except that such standard may 
include a reasonable phase-in period for implementation of required 
engineering controls. 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).

SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST.

    Not later than 18 months after the date on which the interim final 
standard is issued under section 3, the Secretary of Labor shall, 
pursuant to section 6 of the Occupational Safety and Health Act (29 
U.S.C. 655), issue a proposed rule for regulating combustible dust 
explosions that includes the major elements contained in the interim 
final standard issued under section 3, and shall issue a final rule 3 
years after the issuance of a proposed rule.
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