[Congressional Record Volume 154, Number 71 (Thursday, May 1, 2008)]
[Extensions of Remarks]
[Pages E792-E793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       COMBUSTIBLE DUST EXPLOSION AND FIRE PREVENTION ACT OF 2008

                                 ______
                                 

                               speech of

                             HON. PHIL HARE

                              of illinois

                    in the house of representatives

                       Wednesday, April 30, 2008

       The House in Committee of the Whole House on the State of 
     the Union had under

[[Page E793]]

     consideration the bill (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:

  Mr. HARE. Madam Chairman, I rise today in strong support of H.R. 
5522, the Combustible Dust Explosion and Fire Prevention Act and 
commend Chairman George Miller for his tireless efforts on behalf of 
America's workers.
  Our Nation was horrified by news of the February 7 explosion at the 
Imperial Sugar Refinery in Port Wentworth, GA. I think we were even 
more stunned by the fact that it was caused by ``combustible dust.'' 
Although, combustible dust explosions are well documented by the 
Chemical Safety Board, most employers, workers and the general public 
are not aware that accumulated dust can cause such destruction. 
Therefore, it comes as no surprise that not enough is being done to 
keep workplaces clean and safe from this hazard.
  During a March 12, 2008, hearing in the Education and Labor 
Committee, the Occupational Safety and Health Administration, OSHA, 
Assistant Secretary, Edwin Foulke testified that OSHA has established a 
housekeeping and ventilation standard, as well as developed programs to 
address combustible dust hazards. While I appreciate these efforts, 
frankly they are not enough.
  For one, the housekeeping standard is too vague to be useful, and 
secondly, these measures are ``voluntary.'' When regulations are 
voluntary, people do not follow them. In my experience as the former 
President of UNITE HERE Local 617, most employers do not address 
hazards if doing so interferes with their bottom line or costs time and 
money.
  At this same hearing, witnesses also testified that absent a 
comprehensive OSHA standard for combustible dust, no one can be 
confident that dust hazards will be cited and corrected prior to the 
occurrence of additional accidents.
  In fact, the Chemical Safety Board ruled that in addition to the 
Imperial Sugar incident, several other recent refinery explosions in 
North Carolina, Kentucky and Indiana could have been prevented if the 
facilities had complied with the safety and engineering practices 
contained in National Fire Protection Association standard 484 and 654.
  I have often said in this House how frustrated I am that we wait for 
an emergency to occur before reacting, rather than working to prevent 
it in the first place. We tend to pass laws, establish regulations and 
mitigate hazards after disasters and fatalities have occurred.
  Today, by passing the Combustible Dust Explosion and Fire Prevention 
Act, we take a proactive step to protect workers rather than waiting 
for even one more injury.
  Specifically, this bill directs OSHA to issue an interim final 
combustible dust standard within 90 days. The standard would include 
measures to minimize hazards associated with combustible dust through 
improved housekeeping, engineering controls, worker training and a 
written combustible dust safety program. OSHA would then be required to 
issue a final standard within eighteen months. In addition to items 
required in the interim standard, the final standard would include 
requirements for building design and explosion protection. Finally, 
OSHA would have to include combustible dusts in the Hazard 
Communication Standard which requires workers to receive information 
and training about the hazards they face.
  Again, I thank Chairman Miller and the committee staff for their hard 
work on this legislation and urge all my colleagues to vote ``yes'' on 
final passage.

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