I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Worker Protection 

5 Against Combustible Dust Explosions and Fires Act of 

6 2011’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) An emergency exists concerning worker ex2 posure to combustible dust explosions and fires, and 

3 there is a significant risk of death or severe injury 

4 to workers employed at facilities where combustible 

5 dusts are present. 

6 (2) Following 3 catastrophic dust explosions 

7 that killed 14 workers in 2003, the Chemical Safety 

8 and Hazard Investigation Board (CSB) issued a re9 port in November 2006, which identified 281 com10 bustible dust incidents between 1980 and 2005 that 

11 killed 119 workers and injured 718. The CSB con12 cluded that ‘‘combustible dust explosions are a seri13 ous hazard in American industry’’. A quarter of the 

14 explosions occurred at food industry facilities, in15 cluding sugar plants. 

16 (3) In November 2006, the CSB recommended 

17 that the Occupational Safety and Health Adminis18 tration (OSHA) issue a standard designed to pre19 vent combustible dust fires and explosions in general 

20 industry, based on current National Fire Protection 

21 Association (NFPA) dust explosion standards. 

22 (4) Fourteen workers were killed and more than 

23 38 seriously injured in a catastrophic combustible 

24 dust explosion at Imperial Sugar in Port Wentworth, 

25 Georgia on February 7, 2008. 


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1 (5) An investigation by the CSB found that the 

2 explosion at Imperial Sugar was fueled by a massive 

3 accumulation of sugar dust throughout the pack4 aging building, triggering a series of secondary ex5 plosions throughout the factory. 

6 (6) The CSB’s final report of September 24, 

7 2009, regarding the Imperial Sugar Refinery explo8 sion reiterated its previous recommendation from 

9 November 2006 that OSHA proceed expeditiously 

10 ‘‘to promulgate a comprehensive standard to reduce 

11 or eliminate hazards from fire and explosion from 

12 combustible powders and dust’’. 

13 (7) Explosions continue to injure workers and 

14 cause property damage. In the 3 years since the 

15 February 7, 2008, explosion at Imperial Sugar, 

16 there have been 24 additional combustible dust ex17 plosions or fires resulting in 4 deaths and 65 inju18 ries to workers through February 7, 2011, according 

19 to data released by the Chemical Safety Board. 

20 (8) On October 21, 2009, OSHA issued an ad21 vance notice of proposed rulemaking in response to 

22 the CSB’s recommendation; however, a final rule 

23 will take at least 4 more years, during which it is 

24 foreseeable that additional workers will be seriously 

25 injured or killed. 


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1 (9) OSHA issued a grain handling facilities 

2 standard (29 C.F.R. 1910.272) in 1987 that has 

3 proven highly effective in reducing the risk of com4 bustible grain dust explosions, according to an 

5 OSHA evaluation. 

6 (10) No OSHA standard comprehensively ad7 dresses combustible dust explosion hazards in gen8 eral industry. 

9 (11) Voluntary NFPA standards exist that, 

10 when implemented, effectively reduce the likelihood 

11 and impact of combustible dust explosions. In par12 ticular— 

13 (A) certain requirements currently apply to 

14 existing establishments, which NFPA refers to 

15 as a ‘‘retroactive’’ application, and include haz16 ard assessment, housekeeping, control of static 

17 electricity, control of open flames and sparks, 

18 use of certain tools, employee training, and re19 quirements for inspection and maintenance of 

20 equipment; 

21 (B) other requirements include conven22 tional ignition source control and dust emission 

23 control technologies, such as ventilation systems 

24 that capture fugitive dust, and enclosure of 

25 dust generating processes; 


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1 (C) many employers currently implement 

2 such requirements from NFPA standards to ad3 dress combustible dust hazards in the work4 place; and 

5 (D) many employers maintain written com6 bustible dust safety programs and involve em7 ployees in implementing the program, which are 

8 important aspects of a comprehensive combus9 tible dust hazard control system. 

10 (12) Implementation of such means of hazard 

11 control is both technologically and economically fea12 sible and would substantially reduce risks related to 

13 combustible dust fires and explosions to workers. 

14 SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUS15 TIBLE DUST. 

16 (a) APPLICATION AND RULEMAKING.—Not later than 

17 1 year after the date of enactment of this Act, the Sec18 retary of Labor shall promulgate an interim final standard 

19 regulating occupational exposure to combustible dust haz20 ards. The interim final standard shall, at a minimum, 

21 apply to manufacturing, processing, blending, conveying, 

22 repackaging, and handling of combustible particulate sol23 ids and their dusts, including organic dusts (such as 

24 sugar, candy, paper, soap, and dried blood), plastics, sul25 fur, wood, rubber, furniture, textiles, pesticides, pharmaVerDate Mar 15 2010 18:44 Feb 09, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H522.IH H522

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1 ceuticals, fibers, dyes, coal, metals (such as aluminum, 

2 chromium, iron, magnesium, and zinc), fossil fuels, and 

3 others determined by the Secretary, but shall not apply 

4 to processes already covered by the occupational safety 

5 and health standard on grain facilities contained in section 

6 1910.272 of title 29, Code of Federal Regulations. 

7 (b) APPLICATION.—The interim final standard re8 quired under this section shall be based on those portions 

9 of the National Fire Protection Association Standards in 

10 effect on the date of enactment of this Act that— 

11 (1) apply to existing facilities; or 

12 (2) call for source and dust emission control 

13 technologies, such as ventilation systems that cap14 ture fugitive dust, and enclosure of dust generating 

15 processes. 

16 (c) REQUIREMENTS.—The interim final standard re17 quired under this section shall include the following ele18 ments: 

19 (1) Requirements for hazard assessment to 

20 identify, evaluate, and control combustible dust haz21 ards. 

22 (2) Requirements for a written program that 

23 includes provisions for hazardous dust inspection, 

24 testing, hot work, ignition control, and house25 keeping, including the frequency and method or 


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1 methods used to minimize accumulations of combus2 tible dust on ledges, floors, equipment, and other ex3 posed surfaces. 

4 (3) Requirements for engineering controls, ad5 ministrative controls, and operating procedures, in6 cluding means to control fugitive dust emissions and 

7 ignition sources, and the safe use and maintenance 

8 of process equipment and dust collection systems 

9 and filters. 

10 (4) Requirements for workplace inspection and 

11 housekeeping to prevent accumulation of combustible 

12 dust in places of employment in such depths that it 

13 can present explosion, deflagration, or other fire 

14 hazards, including safe methods of dust removal. 

15 (5) Requirements for participation of employees 

16 and their representatives in hazard assessment, de17 velopment of and compliance with the written pro18 gram, incident investigation, and other elements of 

19 hazard management. 

20 (6) Requirements to provide written safety and 

21 health information and annual training to managers 

22 and employees and their representatives, including 

23 housekeeping procedures, hot work procedures, pre24 ventive, predictive, and periodic maintenance proceVerDate Mar 15 2010 18:44 Feb 09, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H522.IH H522

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1 dures, common ignition sources, and lock-out, tag2 out procedures. 

3 (d) APPLICABILITY OF OTHER STATUTORY RE4 QUIREMENTS.—The requirements applicable to occupa5 tional safety and health standards under section 6(b) of 

6 the Occupational Safety and Health Act of 1970 (29 

7 U.S.C. 655(b)), the requirements of chapters 5 and 6 of 

8 title 5, United States Code, and titles 2 and 42, United 

9 States Code, shall not apply to the issuance of the interim 

10 final standard required under this section. 

11 (e) EFFECTIVE DATE OF INTERIM STANDARD.—The 

12 interim final standard shall take effect 30 days after 

13 issuance, except that such standard may include a reason14 able phase-in period for implementation of required engi15 neering controls. The interim final standard shall have the 

16 legal effect of an occupational safety and health standard, 

17 and shall apply until a final standard becomes effective 

18 under section 6 of the Occupational Safety and Health Act 

19 (29 U.S.C. 655). 

20 SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. 

21 Not later than 18 months after the date on which 

22 the interim final standard is issued under section 3, the 

23 Secretary of Labor shall, pursuant to section 6 of the Oc24 cupational Safety and Health Act (29 U.S.C. 655), issue 

25 a proposed rule for regulating combustible dust explosions 


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1 that includes the major elements contained in the interim 

2 final standard issued under section 3, and shall issue a 

3 final rule 3 years after the issuance of a proposed rule. 

Æ 


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