I 
110TH CONGRESS 
2D SESSION 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2008 
Mr. GEORGE MILLER of California (for himself and Mr. BARROW) introduced 
the following bill; which was referred to the Committee on Education and 
Labor 
A BILL 
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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Combustible Dust Ex-
plosion and Fire Prevention Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
(1) An emergency exists concerning worker ex-
posure to combustible dust explosions and fires. 
(2) At least 12 workers were killed and more 
than 60 seriously injured in a catastrophic combus-
tible dust explosion at Imperial Sugar in Savannah, 
Georgia, on February 7, 2008. 
(3) Following 3 catastrophic dust explosions 
that killed 14 workers in 2003, the Chemical Safety 
and Hazard Investigation Board (CSB) issued a re-
port in November 2006 which identified 281 com-
bustible dust incidents between 1980 and 2005 that 
killed 119 workers and injured 718. A quarter of the 
explosions occurred at food industry facilities, in-
cluding sugar plants. 
(4) The CSB concluded that ‘‘combustible dust 
explosions are a serious hazard in American indus-
try’’. 
(5) Material Safety Data Sheets (MSDSs) often 
do not adequately address the hazards of combus-
tible dusts and the hazard communication standard 
promulgated by the Occupational Safety and Health 
Administration (OSHA) (29 C.F.R. 1910.1200) in-
adequately addresses dust explosion hazards, and 
fails to ensure that safe work practices and guidance 
documents are included in MSDSs. 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
(6) The CSB recommended that OSHA issue a 
standard designed to prevent combustible dust fires 
and explosions in general industry, based on current 
National Fire Protection Association dust explosion 
standards, and also that OSHA revise the hazard 
communication standard to clarify that combustible 
dusts are covered and that Material Safety Data 
Sheets contain information about the hazards and 
physical properties of combustible dusts. 
(7) OSHA has not formally acted on either of 
the CSB’s regulatory recommendations. 
(8) OSHA issued a grain handling facilities 
standard in 1987 (29 C.F.R. 1910.272) that has 
proven highly effective in reducing the risk of com-
bustible grain dust explosions, according to an 
OSHA evaluation. 
(9) No OSHA standard comprehensively ad-
dresses combustible dust explosion hazards in gen-
eral industry. 
(10) Voluntary National Fire Protection Asso-
ciation standards exist which, when implemented, ef-
fectively reduce the likelihood and impact of combus-
tible dust explosions. 
SEC. 3. ISSUANCE OF STANDARD ON COMBUSTIBLE DUST. 
(a) INTERIM STANDARD.— 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
(1) RULEMAKING.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall promulgate an interim final 
standard regulating combustible dusts. The interim 
final standard shall apply to manufacturing, proc-
essing, blending, conveying, repackaging, and han-
dling of combustible particulate solids and their 
dusts, including food (such as candy, starch, flour, 
sugar, feed), plastics, wood, rubber, furniture, tex-
tiles, pesticides, pharmaceuticals, fibers, dyes, coal, 
metals (such as aluminum, chromium, iron, magne-
sium, and zinc), fossil fuels power, and any other in-
dustry in which combustible dust presents a hazard, 
but shall not apply to processes already covered by 
OSHA’s standard on grain facilities (29 C.F.R. 
1910.272). 
(2) REQUIREMENTS.—The interim final stand-
ard required under this subsection shall provide no 
less protection than the recommendations contained 
in the National Fire Protection Association’s Stand-
ard for the Prevention of Fire and Dust Explosions 
from the Manufacturing, Processing, and Handling 
of Combustible Particulate Solids–2006 (NFPA 
654) and Standard for Combustible Metals–2006 
(NFPA 484) and shall provide for the following: 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
(A) Requirements for hazard assessment to 
identify evaluate and control combustible dust 
hazards. 
(B) Requirements for a written program 
which includes plans for hazardous dust inspec-
tion, testing, housekeeping, and control, with 
established frequency and methods. 
(C) Requirements for engineering, admin-
istrative controls and operating procedures such 
as means to controlling fugitive dust emissions 
and ignition sources, the use of dust collection 
systems and filters, minimizing horizontal sur-
faces where dust can accumulate, and sealing of 
areas inaccessible to housekeeping. 
(D) Requirements for managing change of 
dust producing materials, technology, equip-
ment, staffing, and procedures. 
(E) Requirements for housekeeping to con-
trol accumulation of combustible dust. 
(F) Requirements for building design, such 
as equipping buildings with explosion venting or 
sprinklers. 
(G) Requirements for explosion protection, 
including separation and segregation of the haz-
ard. 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
(H) Requirements for employee participa-
tion in hazard assessment, development of and 
compliance with the written program, and other 
elements of hazard management in this stand-
ard. 
(I) Requirements to provide written safety 
and health information and training to employ-
ees, including hazard communication informa-
tion, labeling, and training. 
(3) EFFECTIVE
DATE
OF
INTERIM
STAND-
ARD.—The interim final standard shall take effect 
upon issuance. The interim final standard shall have 
the legal effect of an occupational safety and health 
standard, and shall apply until a final standard be-
comes effective under section 6 of the Occupational 
Safety and Health Act (29 U.S.C. 655). 
(b) FINAL STANDARD.—Not later than 18 months 
after the date of enactment of this Act, the Secretary of 
Labor shall, pursuant to section 6 of the Occupational 
Safety and Health Act (29 U.S.C. 655), promulgate a 
final standard regulating combustible dust explosions. The 
final standard shall contain, at a minimum, the worker 
protection provisions in subsection (a)(2). 
VerDate Aug 31 2005 
20:40 Mar 05, 2008
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
SEC. 4. REVISION OF THE HAZARD COMMUNICATION 
STANDARD. 
(a) RULEMAKING.—The hazard communications 
standard in section 1910.1200(c) of chapter 29, Code of 
Federal Regulations, shall be revised as follows: 
(1) The definition of ‘‘physical hazard’’ (29 
C.F.R. 1910.1200(c)) shall be revised to include ‘‘a 
combustible dust’’ as an additional example of a 
physical hazard. 
(2) The term ‘‘combustible dust’’ shall be added 
to the definitions in such section and such term shall 
be defined as ‘‘a combustible particulate solid or 
finely divided metal that presents a fire or deflagra-
tion hazard when suspended in air or some other 
oxidizing medium over a range of concentrations re-
gardless of particle size and shape’’. 
(b) PROCEDURE AND EFFECTIVE DATE.—The modi-
fications of the standard required by subsection (a) shall 
be made and published in the Federal Register not later 
than 6 months after the date of enactment of this Act 
by the Secretary of Labor acting through the Occupational 
Safety and Health Administration without regard to the 
procedural requirements applicable to regulations promul-
gated under section 6(b) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655(b)) or the procedural 
requirements of chapter 5 of title 5, United States Code. 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS
Such revised standard shall take effect not later than 90 
days after the publication in the Federal Register. 
(c) EFFECT OF MODIFICATIONS.—The modifications 
under this section shall be in force until superseded in 
whole or in part by regulations promulgated by the Sec-
retary of Labor under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)) and 
shall be enforced in the same manner and to the same 
extent as any rule or regulation promulgated under such 
section. 
Æ 
VerDate Aug 31 2005 
03:57 Mar 05, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H5522.IH
H5522
wwoods2 on PRODPC68 with BILLS