I 

113TH CONGRESS 

1ST SESSION H. R. 691 

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 14, 2013 

Mr. GEORGE MILLER of California (for himself, Mr. BARROW of Georgia, and 

Mr. COURTNEY) 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 2013’’. 

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) Combustible dust explosions and fires con14 tinue to injure workers and cause property damage. 

15 In the 5 years since the February 7, 2008, explosion 

16 at Imperial Sugar, there have been 50 additional 

17 combustible dust explosions or fires resulting in 15 

18 deaths and 127 injuries to workers through Feb19 ruary 7, 2013, according to estimates released by 

20 the Chemical Safety Board. 

21 (8) On October 21, 2009, OSHA issued an ad22 vance notice of proposed rulemaking in response to 

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

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


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1 foreseeable that additional workers will be seriously 

2 injured or killed. 

3 (9) OSHA issued a grain handling facilities 

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

5 proven highly effective in reducing the risk of com6 bustible grain dust explosions, according to an 

7 OSHA evaluation. 

8 (10) No OSHA standard comprehensively ad9 dresses combustible dust explosion hazards in gen10 eral industry. 

11 (11) Voluntary NFPA standards exist that, 

12 when implemented, effectively reduce the likelihood 

13 and impact of combustible dust explosions. In par14 ticular— 

15 (A) certain requirements currently apply to 

16 existing establishments, which NFPA refers to 

17 as a ‘‘retroactive’’ application, and include haz18 ard assessment, housekeeping, control of static 

19 electricity, control of open flames and sparks, 

20 use of certain tools, employee training, and re21 quirements for inspection and maintenance of 

22 equipment; 

23 (B) other requirements include conven24 tional ignition source control and dust emission 

25 control technologies, such as ventilation systems 


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1 that capture fugitive dust, and enclosure of 

2 dust generating processes; 

3 (C) many employers currently implement 

4 such requirements from NFPA standards to ad5 dress combustible dust hazards in the work6 place; and 

7 (D) many employers maintain written com8 bustible dust safety programs and involve em9 ployees in implementing the program, which are 

10 important aspects of a comprehensive combus11 tible dust hazard control system. 

12 (12) Implementation of such means of hazard 

13 control is both technologically and economically fea14 sible and would substantially reduce risks related to 

15 combustible dust fires and explosions to workers. 

16 SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUS17 TIBLE DUST. 

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

19 1 year after the date of enactment of this Act, the Sec20 retary of Labor shall promulgate an interim final standard 

21 regulating occupational exposure to combustible dust haz22 ards. The interim final standard shall, at a minimum, 

23 apply to manufacturing, processing, blending, conveying, 

24 repackaging, and handling of combustible particulate sol25 ids and their dusts, including organic dusts (such as 


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1 sugar, candy, paper, soap, and dried blood), plastics, sul2 fur, wood, rubber, furniture, textiles, pesticides, pharma3 ceuticals, fibers, dyes, coal, metals (such as aluminum, 

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

5 others determined by the Secretary, but shall not apply 

6 to processes already covered by the occupational safety 

7 and health standard on grain facilities contained in section 

8 1910.272 of title 29, Code of Federal Regulations. 

9 (b) APPLICATION.—The interim final standard re10 quired under this section shall be based on those portions 

11 of the National Fire Protection Association Standards in 

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

13 (1) apply to existing facilities; or 

14 (2) call for source and dust emission control 

15 technologies, such as ventilation systems that cap16 ture fugitive dust, and enclosure of dust generating 

17 processes. 

18 (c) REQUIREMENTS.—The interim final standard re19 quired under this section shall include the following ele20 ments: 

21 (1) Requirements for hazard assessment to 

22 identify, evaluate, and control combustible dust haz23 ards. 

24 (2) Requirements for a written program that 

25 includes provisions for hazardous dust inspection, 


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1 testing, hot work, ignition control, and house2 keeping, including the frequency and method or 

3 methods used to minimize accumulations of combus4 tible dust on ledges, floors, equipment, and other ex5 posed surfaces. 

6 (3) Requirements for engineering controls, ad7 ministrative controls, and operating procedures, in8 cluding means to control fugitive dust emissions and 

9 ignition sources, and the safe use and maintenance 

10 of process equipment and dust collection systems 

11 and filters. 

12 (4) Requirements for workplace inspection and 

13 housekeeping to prevent accumulation of combustible 

14 dust in places of employment in such depths that it 

15 can present explosion, deflagration, or other fire 

16 hazards, including safe methods of dust removal. 

17 (5) Requirements for participation of employees 

18 and their representatives in hazard assessment, de19 velopment of and compliance with the written pro20 gram, incident investigation, and other elements of 

21 hazard management. 

22 (6) Requirements to provide written safety and 

23 health information and annual training to managers 

24 and employees and their representatives, including 

25 housekeeping procedures, hot work procedures, preVerDate Mar 15 2010 21:16 Feb 25, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H691.IH H691

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1 ventive, predictive, and periodic maintenance proce2 dures, common ignition sources, and lock-out, tag3 out procedures. 

4 (d) APPLICABILITY OF OTHER STATUTORY RE5 QUIREMENTS.—The requirements applicable to occupa6 tional safety and health standards under section 6(b) of 

7 the Occupational Safety and Health Act of 1970 (29 

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

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

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

11 final standard required under this section. 

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

13 interim final standard shall take effect 30 days after 

14 issuance, except that such standard may include a reason15 able phase-in period for implementation of required engi16 neering controls. The interim final standard shall have the 

17 legal effect of an occupational safety and health standard, 

18 and shall apply until a final standard becomes effective 

19 under section 6 of the Occupational Safety and Health Act 

20 (29 U.S.C. 655). 

21 SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. 

22 Not later than 18 months after the date on which 

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

24 Secretary of Labor shall, pursuant to section 6 of the Oc25 cupational Safety and Health Act (29 U.S.C. 655), issue 


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1 a proposed rule for regulating combustible dust explosions 

2 that includes the major elements contained in the interim 

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

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

Æ 


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