69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–613 

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 

APRIL 29, 2008.—Referred to the House Calendar and ordered to be printed 

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 recomVerDate Aug 31 2005 05:36 Apr 30, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR613.XXX HR613

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mit 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. 

Æ 


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