I 
112TH CONGRESS 
1ST SESSION 
H. R. 522 
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 8, 2011 
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 the Workforce 
A BILL 
To require the Secretary of Labor to issue an interim occupa-
tional safety and health standard regarding worker expo-
sure to combustible dust, and for other purposes. 
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 
2011’’. 
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, and 
there is a significant risk of death or severe injury 
to workers employed at facilities where combustible 
dusts are present. 
(2) 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’’. A quarter of the 
explosions occurred at food industry facilities, in-
cluding sugar plants. 
(3) In November 2006, the CSB recommended 
that the Occupational Safety and Health Adminis-
tration (OSHA) issue a standard designed to pre-
vent combustible dust fires and explosions in general 
industry, based on current National Fire Protection 
Association (NFPA) dust explosion standards. 
(4) Fourteen workers were killed and more than 
38 seriously injured in a catastrophic combustible 
dust explosion at Imperial Sugar in Port Wentworth, 
Georgia on February 7, 2008. 
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(5) An investigation by the CSB found that the 
explosion at Imperial Sugar was fueled by a massive 
accumulation of sugar dust throughout the pack-
aging building, triggering a series of secondary ex-
plosions throughout the factory. 
(6) The CSB’s final report of September 24, 
2009, regarding the Imperial Sugar Refinery explo-
sion reiterated its previous recommendation from 
November 2006 that OSHA proceed expeditiously 
‘‘to promulgate a comprehensive standard to reduce 
or eliminate hazards from fire and explosion from 
combustible powders and dust’’. 
(7) Explosions continue to injure workers and 
cause property damage. In the 3 years since the 
February 7, 2008, explosion at Imperial Sugar, 
there have been 24 additional combustible dust ex-
plosions or fires resulting in 4 deaths and 65 inju-
ries to workers through February 7, 2011, according 
to data released by the Chemical Safety Board. 
(8) On October 21, 2009, OSHA issued an ad-
vance notice of proposed rulemaking in response to 
the CSB’s recommendation; however, a final rule 
will take at least 4 more years, during which it is 
foreseeable that additional workers will be seriously 
injured or killed. 
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(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 OSHA standard comprehensively ad-
dresses combustible dust explosion hazards in gen-
eral industry. 
(11) Voluntary NFPA standards exist that, 
when implemented, effectively reduce the likelihood 
and impact of combustible dust explosions. In par-
ticular— 
(A) certain requirements currently apply to 
existing establishments, which NFPA refers to 
as a ‘‘retroactive’’ application, and include haz-
ard assessment, housekeeping, control of static 
electricity, control of open flames and sparks, 
use of certain tools, employee training, and re-
quirements for inspection and maintenance of 
equipment; 
(B) other requirements include conven-
tional ignition source control and dust emission 
control technologies, such as ventilation systems 
that capture fugitive dust, and enclosure of 
dust generating processes; 
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(C) many employers currently implement 
such requirements from NFPA standards to ad-
dress combustible dust hazards in the work-
place; and 
(D) many employers maintain written com-
bustible dust safety programs and involve em-
ployees in implementing the program, which are 
important aspects of a comprehensive combus-
tible dust hazard control system. 
(12) Implementation of such means of hazard 
control is both technologically and economically fea-
sible and would substantially reduce risks related to 
combustible dust fires and explosions to workers. 
SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUS-
TIBLE DUST. 
(a) APPLICATION AND RULEMAKING.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary of Labor shall promulgate an interim final standard 
regulating occupational exposure to combustible dust haz-
ards. The interim final standard shall, at a minimum, 
apply to manufacturing, processing, blending, conveying, 
repackaging, and handling of combustible particulate sol-
ids and their dusts, including organic dusts (such as 
sugar, candy, paper, soap, and dried blood), plastics, sul-
fur, wood, rubber, furniture, textiles, pesticides, pharma-
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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, 
testing, hot work, ignition control, and house-
keeping, including the frequency and method or 
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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-
ventive, predictive, and periodic maintenance proce-
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