[House Report 110-613]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-613
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PROVIDING FOR CONSIDERATION OF 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
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April 29, 2008.--Referred to the House Calendar and ordered to be
printed
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Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1157]
The Committee on Rules, having had under consideration
House Resolution 1157, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5522, the
Combustible Dust Explosion and Fire Prevention Act of 2008,
under a structured rule. The rule provides one hour of general
debate equally divided and controlled by the chairman and
ranking minority member of the Committee on Education and
Labor. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The rule waives all points of order against the amendment in
the nature of a substitute except for clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and all points of order against the amendment in the
nature of a substitute (except for clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Miller, George (CA): The Manager's Amendment makes four
adjustments to the bill: (1) corrects the short title; (2)
provides that engineering controls required by the interim
standard shall be effective 6 months after issuance of the
standard (rather than 30 days); (3) maintains the provision
that DOL shall include appropriate and relevant NFPA standards
in the final standard but eliminates references to specific
NFPA standards; and (4) clarifies that the final standard shall
be conducted in accordance with usual rulemaking procedural
requirements, including those that provide for small business
review. (10 minutes)
2. Wilson, Joe (SC): Amendment in the Nature of a
Substitute. The substitute amendment directs OSHA to wait for
the outcome of the Imperial Sugar investigation and findings
from the combustible dust National Emphasis Program before
deciding on whether to move forward with a standard. (30
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 10 Minutes
Page 2, beginning on line 4, strike ``Combustible Dust'' and
all that follows through ``Act'' on line 5, and insert ``Worker
Protection Against Combustible Dust Explosions and Fires Act''.
Page 5, line 22, insert ``controls (which requirements shall
be effective 6 months after the date on which the interim
standard is issued)'' after ``engineering''.
Page 7, line 4, strike ``The'' and insert ``Except as
specified in paragraph (2)(C) with regards to engineering
controls, the''.
Page 8, beginning on line 8, strike ``, including'' and all
that follows through line 15 and insert a period.
Page 8, after line 15, insert the following:
(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.
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2. An Amendment To Be Offered by Representative Wilson of South
Carolina, or His Designee, Debatable for 30 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. INVESTIGATION ON COMBUSTIBLE DUST AND DETERMINATION OF
ADDITIONAL ACTION.
(a) Determination by the Secretary.--Upon completion of the
Department of Labor's investigation of the accident that
occurred at Imperial Sugar in Port Wentworth, Georgia on
February 7, 2008, and based on the data gathered from the
Combustible Dust National Emphasis Program, the Secretary of
Labor shall determine--
(1) if the safety standards that are in effect as of
the date of enactment of this Act do not adequately
address the issue of combustible dust; and
(2) whether an occupational safety and health
standard regarding combustible dust is necessary.
(b) Rulemaking or Report to Congress.--If the Secretary
determines that an occupational safety and health standard
regarding combustible dust is necessary, the Secretary shall
promulgate a rule pursuant to section 6(b) of the Occupational
Safety and Health Act (29 U.S.C. 655(b)) not later than 36
months after the completion of the investigation described in
subsection (a). If the Secretary determines that such a
standard is not necessary, the Secretary, not later than 6
months after making such a determination, shall transmit a
report to Congress that specifically addresses the Secretary's
reasons for determining that a combustible dust standard is
unnecessary.