I 
111TH CONGRESS 
1ST SESSION 
H. R. 849 
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 
FEBRUARY 4, 2009 
Mr. GEORGE MILLER of California (for himself, Mr. BARROW, and Ms. WOOL-
SEY) 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 ‘‘Worker Protection 
Against Combustible Dust Explosions and Fires Act of 
2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) An emergency exists concerning worker ex-
posure to combustible dust explosions and fires. 
(2) Fourteen workers were killed and more than 
60 seriously injured in a catastrophic combustible 
dust explosion at Imperial Sugar in Port Wentworth, 
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. The CSB con-
cluded that ‘‘combustible dust explosions are a seri-
ous hazard in American industry’’. 
(4) A quarter of the explosions occurred at food 
industry facilities, including sugar plants. Seventy 
additional combustible dust explosions have occurred 
since 2005. 
(5) Material Safety Data Sheets (MSDSs) often 
do not adequately address the hazards of combus-
tible dusts, and the OSHA Hazard Communication 
Standard (HCS) inadequately addresses dust explo-
sion hazards and fails to ensure that safe work prac-
tices and guidance documents are included in 
MSDSs. 
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(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 (NFPA) dust 
explosion standards. 
(7) The CSB also recommended that OSHA re-
vise the Hazard Communication Standard (HCS) 
(1910.1200) to clarify that combustible dusts are 
covered and that Material Safety Data Sheets con-
tain information about the hazards and physical 
properties of combustible dusts. 
(8) OSHA has not initiated rulemaking in re-
sponse to the CSB’s recommendation. 
(9) OSHA issued a grain handling facilities 
standard (29 C.F.R. 1910.272), in 1987 that has 
proven highly effective in reducing the risk of com-
bustible grain dust explosions, according to an 
OSHA evaluation. 
(10) No Occupational Safety and Health Ad-
ministration standard comprehensively addresses 
combustible dust explosion hazards in general indus-
try. 
(11) Voluntary National Fire Protection Asso-
ciation standards exist which, when implemented, ef-
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fectively reduce the likelihood and impact of combus-
tible dust explosions. 
SEC. 3. ISSUANCE OF STANDARD ON COMBUSTIBLE DUST. 
(a) INTERIM STANDARD.— 
(1) APPLICATION AND RULEMAKING.—Notwith-
standing any other provision of law, not later than 
90 days after the date of enactment of this Act, the 
Secretary of Labor shall promulgate an interim final 
standard regulating combustible dusts. The interim 
final standard shall, at a minimum, apply to manu-
facturing, processing, blending, conveying, repack-
aging, 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, 
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 include the 
following: 
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(A) Requirements for hazard assessment to 
identify, evaluate, and control combustible dust 
hazards. 
(B) Requirements for a written program 
that includes provisions for hazardous dust in-
spection, testing, hot work, ignition control, and 
housekeeping, including the frequency and 
method or methods used to minimize accumula-
tions of combustible dust on ledges, floors, 
equipment, and other exposed surfaces. 
(C) Requirements for engineering controls 
(which requirements shall be effective 6 months 
after the date on which the interim standard is 
issued), administrative controls, and operating 
procedures, such as means to control fugitive 
dust emissions and ignition sources, the safe 
use and maintenance of dust producing and 
dust collection systems and filters, minimizing 
horizontal surfaces where dust can accumulate, 
and sealing of areas inaccessible to house-
keeping. 
(D) Requirements for housekeeping to pre-
vent accumulation of combustible dust in places 
of employment in such depths that it can 
present explosion, deflagration, or other fire 
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hazards, including safe methods of dust re-
moval. 
(E) Requirements for employee participa-
tion in hazard assessment, development of and 
compliance with the written program, and other 
elements of hazard management. 
(F) Requirements to provide written safety 
and health information and annual training to 
employees, including housekeeping procedures, 
hot work procedures, preventive maintenance 
procedures, common ignition sources, and lock- 
out, tag-out procedures. 
(3) PROCEDURE.—The requirements in this 
subsection shall take effect without regard to the 
procedural requirements applicable to regulations 
promulgated 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. 
(4) EFFECTIVE
DATE
OF
INTERIM
STAND-
ARD.—Except as specified in paragraph (2)(C) with 
regards to engineering controls, the interim final 
standard shall take effect 30 days after issuance. 
The interim final standard shall have the legal effect 
of an occupational safety and health standard, and 
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