\ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
2453 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'14 
NOV 1B P1 :42 
REQUIRING THE SECRETARY OF THE DEPARTMENT OF LABOR AND 
EMPLOYMENT TO ISSUE AN INTERIM OCCUPATIONAL SAFETY AND 
HEALTH STANDARD REGARDING WORKER EXPOSURE TO 
COMBUSTIBLE DUST 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 18 states: "The State affirms labor as a 
primary social economic force. It shall protect the rights of workers and promote their 
welfare." 
There is reportedly a significant risk of death or severe IllJUry to workers 
employed at facilities where combustible dusts are present. 
In the United States, after three ca\troPhic dust explosions that killed 14 workers 
in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in 
November 2006 identifying 281 combustible dust incidents between 1980 and 2005 that 
., 
killed 119 workers and injured 718. The CSB concluded that "combustible dust 
e~plosions are a serious hazard in American industry." A quarter of the explosions 
occurred at food industry facilities, including sugar plants. 
There are no occupational safety and health standards both in the U.S. and the 
Philippines that comprehensively addresses combustible dust explosion hazards in 
general industry. 
1 


f 
~ 
I 
Thus, this bill mandates an interim. standard for the regulation of combustible 
dusts to be issued within 90 days of its effectivity, to be followed within 18 months by a 
final standard. The Act defines three essential requirements for the interim standard: 
1) I-Iazard assessment to identify, evaluate, and control combustible dust hazards; 
2) A written program that includes provisions for hazardous dust inspection, 
testing, hot work, ignition contrQI, and housekeeping. 
\ 
3) Engineering and administrative controls, and operating procedures such as 
means to control fugitive dust emissions and ignition sources. l 
"! 
" \ 
\ 
I This bill was originally filed in the U.S. H'ouse of Representatives by Mr. Miller, Mr. Barror, and Ms. 
Woosley (l1Z'h Congress, I" Session). 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2453 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
"14 
NOV 18 P1:42 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
REQUIRING THE SECRETARY OF THE DEPARTMENT OF LABOR AND 
EMPLOYMENT TO ISSUE AN INTERIM OCCUPATIONAL SAFETY AND 
HEALTH STANDARD REGARDING WORKER EXPOSURE TO 
COMBUSTfBLE DUST 
SECTION 1. Short Title. - This Act may be cited as the "Worker Protection 
Against Combustible Dust Explosions and Fires Act". 
" 
SECTION 2. Issuance of Interim ~ccupational Safety and Health Standard on 
Combustible Dust. -
., 
(a) Application and Rulemaking. - Not later than one year after the date of 
e~fectivity of this Act, the Secretary of the Department of Labor and Employment (here 
called the "Secretary") shall promulgate interim standards regUlating occupational 
exposure to combustible dust hazards. The rules shall, at a minimum, apply to 
manufacturing, processing, blending, conveying, repackaging, and handling of 
combustible particulate solids and their dusts, including organic dusts (such as sugar, 
candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, 
pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, . 
iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary. 
(b) Requirements. - The interim standards shall include the following elements: 
1 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
(I) Requirements for hazard assessment to identify, evaluate, and control 
combustible dust hazards. 
(2) Requirements for a written program that includes provisions [or 
" 
hazardous dust inspectiov, testing, hot work, ignition control, and 
housekeeping, including the frequency and method or methods used to 
minimize accumulation'!; of combustible dust on ledges, floors, 
equipment, and other exposed surfaces. 
(3) Requirements for engineering controls, administrative controls, and 
operating procedures, including means to control fugitive dust 
emissions and ignition sources, and the safe use and maintenance of 
process equipment and dust collection systems and filters. 
(4) Requirements for workplace inspection and housekeeping to prevent 
accumulation of combustible dust in places of employment in such. 
depthS that it can present explosion, deflagration, or other fire hazards, 
including safe methods of dust removal. 
(5) Requirements for participation of employees and their representatives in 
hazard assessment, development of and compliance with the written 
program, incident investigation, and other elements of hazard 
management. 
(6) Requirements to provide written safety and health information and 
annual training to ma~ers and employees and their representatives, 
including housekeeping ~\ocedures, hot work procedures, preventive, 
predictive, and periodic maintenance procedures, common ignition 
sources, and lock-out, tag-out procedures. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I I 
12 
13 
14 
15 
• 
.' 
(c) Effective Date of Interim Standards. ~ The interim standards shall take effect 
30 days after issuance, except that such standard may include a reasonable phase-in 
period for implementation of required engineering controls. 
SECTION 3. Final Standards on Combustible Dust. ~ Not later than 18 months 
after the issuance of the interim rules, the Secretary shall issue a proposed rule for 
regulating combustible dust explosions that includes the major elements contained in the 
interim rules, and shall issue a final standards three years after the issuance of a proposed 
rule. 
SECTION 4. Separability Clause. ~ If any provision of this Act shall be declared 
unconstitutional, any other provision not,affected thereby shall remain in full force and 
\ 
effect. 
SECTION 5. Repealing Clause. ~'Ij\lllaws, decrees, orders, rules and regulations, 
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
SECTION 6. Effectivity. ~ This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Itldpnov2014 
" \ 
3