sugar, candy, paper, soap, and dried blood), plastics, sul-
fur, wood, rubber, furniture, textiles, pesticides, pharma-
ceuticals, 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 the occupational safety 
and health standard on grain facilities contained in section 
1910.272 of title 29, Code of Federal Regulations. 
(b) APPLICATION.—The interim final standard re-
quired under this section shall be based on those portions 
of the National Fire Protection Association Standards in 
effect on the date of enactment of this Act that— 
(1) apply to existing facilities; or 
(2) call for source and dust emission control 
technologies, such as ventilation systems that cap-
ture fugitive dust, and enclosure of dust generating 
processes. 
(c) REQUIREMENTS.—The interim final standard re-
quired under this section shall include the following ele-
ments: 
(1) Requirements for hazard assessment to 
identify, evaluate, and control combustible dust haz-
ards. 
(2) Requirements for a written program that 
includes provisions for hazardous dust inspection, 
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testing, hot work, ignition control, and house-
keeping, including the frequency and method or 
methods used to minimize accumulations of combus-
tible dust on ledges, floors, equipment, and other ex-
posed surfaces. 
(3) Requirements for engineering controls, ad-
ministrative controls, and operating procedures, in-
cluding 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, de-
velopment of and compliance with the written pro-
gram, incident investigation, and other elements of 
hazard management. 
(6) Requirements to provide written safety and 
health information and annual training to managers 
and employees and their representatives, including 
housekeeping procedures, hot work procedures, pre-
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ventive, predictive, and periodic maintenance proce-
dures, common ignition sources, and lock-out, tag- 
out procedures. 
(d) APPLICABILITY
OF OTHER STATUTORY RE-
QUIREMENTS.—The requirements applicable to occupa-
tional safety and health standards under section 6(b) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)), the requirements of chapters 5 and 6 of 
title 5, United States Code, and titles 2 and 42, United 
States Code, shall not apply to the issuance of the interim 
final standard required under this section. 
(e) EFFECTIVE DATE OF INTERIM STANDARD.—The 
interim final standard shall take effect 30 days after 
issuance, except that such standard may include a reason-
able phase-in period for implementation of required engi-
neering controls. The interim final standard shall have the 
legal effect of an occupational safety and health standard, 
and shall apply until a final standard becomes effective 
under section 6 of the Occupational Safety and Health Act 
(29 U.S.C. 655). 
SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. 
Not later than 18 months after the date on which 
the interim final standard is issued under section 3, the 
Secretary of Labor shall, pursuant to section 6 of the Oc-
cupational Safety and Health Act (29 U.S.C. 655), issue 
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a proposed rule for regulating combustible dust explosions 
that includes the major elements contained in the interim 
final standard issued under section 3, and shall issue a 
final rule 3 years after the issuance of a proposed rule. 
Æ 
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