Worker Protection Against Combustible Dust Explosions and Fires Act of 2008

Bill: 110-hr-5522
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2008-03-04 in the House
Policy area: Labor and Employment
Subjects: Accident prevention
Administrative procedure
Coal
Commerce
Department of Labor
Drugs
Dyes and dyeing
Emergency Management
Energy
Environmental Protection
Explosions
Explosives
Fibers
Fire prevention
Flammable materials
Fossil fuels
Furniture industry
Government Operations and Politics
Government paperwork
Health
Law
Manufacturing industries
Metals
Occupational health and safety
Packaging
Pesticides
Plastics
Refuse and refuse disposal
Risk
Rubber
Standards
Sulphur
Textile fabrics
Waste products
Wood

Summary:
action_date: 2008-03-04
text: 
Combustible Dust Explosion and Fire Prevention Act of 2008 - Requires the Secretary of Labor to promulgate, within 90 days, an interim final standard and, within 18 months, a final occupational safety and health standard regulating combustible dusts, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including food, plastics, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels power), but shall not apply to processes already covered by the Occupational Safety and Health Administration's (OSHA) standard on grain facilities.

Requires such standard to provide no less protection than the recommendations contained in the National Fire Protection Association's Standard 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). Requires such standard to provide requirements for: (1) a combustible dust hazard assessment; (2) a written program which includes plans for hazardous dust inspection, testing, housekeeping, and control, with established frequency and methods; (3) engineering, administrative 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 surfaces where dust can accumulate, and sealing of areas inaccessible to housekeeping; (4) managing change of dust producing materials, technology, equipment, staffing, and procedures; (5) housekeeping to control accumulation of combustible dust; (6) building design; (7) explosion protection; (8) employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management in this standard; and (9) providing safety and health information and training to employees.

Requires the Secretary, through OSHA, to modify the hazard communications standard to: (1) revise the definition of &quot;physical hazard&quot; to include &quot;a combustible dust&quot; as an additional example of a physical hazard; and (2) define &quot;combustible dust&quot; as a combustible particulate solid or finely divided metal that presents a fire or deflagration hazard when suspended in air or some other oxidizing medium over a range of concentrations regardless of particle size and shape.

action_date: 2008-04-22
text: 
Combustible Dust Explosion and Fire Prevention Act of 2008 - (Sec. 3) Requires the Secretary of Labor, within 90 days, to promulgate an interim final standard regulating combustible dusts, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the Occupational Safety and Health Administration's (OSHA) standard on grain facilities.

Requires such standard to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces; (3) engineering, 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 housekeeping; (4) housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management; and (6) providing 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.

Provides an exemption from otherwise applicable rulemaking requirements.

Provides that such interim standard shall have the legal effect of an occupational safety and health standard and shall apply until a final standard becomes effective.

Requires the Secretary of Labor, within 18 months, to promulgate a final occupational safety and health standard regulating combustible dust explosions that has the same scope and worker protection provisions as the interim rule and provides requirements for: (1) managing change of dust producing materials, technology, equipment, staffing, and procedures; (2) building design such as explosion venting, ducting, and sprinklers; and (3) explosion protection, including separation and segregation of the hazard. Requires the final rule to include relevant and appropriate provisions of the National Fire Protection Association combustible dust standards, including the Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids (NFPA 654), the Standard for Combustible Metals (NFPA 484), and the Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities (NFPA 61).

(Sec. 4) Requires the Secretary to revise the hazard communications standard to amend the definition of &quot;physical hazard&quot; to include &quot;a combustible dust&quot; as an additional example of such a hazard. 

action_date: 2008-04-30
text: 
Worker Protection Against Combustible Dust Explosions and Fires Act of 2008 - (Sec. 3) Requires the Secretary of Labor, within 90 days, to promulgate an interim final standard regulating combustible dusts, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the Occupational Safety and Health Administration's (OSHA) standard on grain facilities.

Requires such standard to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces; (3) engineering (which requirements shall be effective six 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 housekeeping; (4) housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) employee participation in hazard assessment, development of and compliance with the written program, and other elements of hazard management; and (6) providing 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.

Provides an exemption from otherwise applicable rulemaking requirements for the interim standard but not for the final standard.

Provides that such interim standard shall have the legal effect of an occupational safety and health standard and shall apply until a final standard becomes effective.

Requires the Secretary of Labor, within 18 months, to promulgate a final occupational safety and health standard regulating combustible dust explosions that has the same scope and worker protection provisions as the interim rule and provides requirements for: (1) managing change of dust producing materials, technology, equipment, staffing, and procedures; (2) building design such as explosion venting, ducting, and sprinklers; and (3) explosion protection, including separation and segregation of the hazard. Requires the final rule to include relevant and appropriate provisions of the National Fire Protection Association combustible dust standards.

(Sec. 4) Requires the Secretary to revise the hazard communications standard to amend the definition of &quot;physical hazard&quot; to include &quot;a combustible dust&quot; as an additional example of such a hazard. 


Legislative actions:
action_date: 2008-05-01
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2008-04-30
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5522.
action_date: 2008-04-30
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-04-30
text: On passage Passed by recorded vote: 247 - 165 (Roll no. 233).
action_date: 2008-04-30
text: Passed/agreed to in House: On passage Passed by recorded vote: 247 - 165 (Roll no. 233).
action_date: 2008-04-30
text: On motion to recommit with instructions Failed by recorded vote: 187 - 225 (Roll no. 232).
action_date: 2008-04-30
text: DEBATE - The House proceeded with ten minutes of debate on the Walberg motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require an exemption for grain pending determination of impact on the prices.
action_date: 2008-04-30
text: Mr. Walberg moved to recommit with instructions to Education and Labor. (consideration: CR H2919-2921; text: CR H2919)
action_date: 2008-04-30
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H2913-2914)
action_date: 2008-04-30
text: The previous question was ordered pursuant to the rule. (consideration: CR H2919)
action_date: 2008-04-30
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5522.
action_date: 2008-04-30
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2008-04-30
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Wilson (SC) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Wilson (SC) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2008-04-30
text: DEBATE - Pursuant to the provisions of H. Res. 1157, the Committee of the Whole proceeded with ten minutes of debate on the Wilson (SC) amendment.
action_date: 2008-04-30
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the George Miller amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2008-04-30
text: DEBATE - Pursuant to the provisions of H. Res. 1157, the Committee of the Whole proceeded with ten minutes of debate on the George Miller amendment.
action_date: 2008-04-30
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5522.
action_date: 2008-04-30
text: The Speaker designated the Honorable Donna M. Christensen to act as Chairwoman of the Committee.
action_date: 2008-04-30
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1157 and Rule XVIII.
action_date: 2008-04-30
text: Rule provides for consideration of H.R. 5522 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
action_date: 2008-04-30
text: Considered under the provisions of rule H. Res. 1157. (consideration: CR H2909-2922)
action_date: 2008-04-30
text: Rule H. Res. 1157 passed House.
action_date: 2008-04-29
text: Rules Committee Resolution H. Res. 1157 Reported to House. Rule provides for consideration of H.R. 5522 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
action_date: 2008-04-22
text: Placed on the Union Calendar, Calendar No. 374.
action_date: 2008-04-22
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-601.
action_date: 2008-04-22
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-601.
action_date: 2008-04-17
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2008-04-09
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-04-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-03-12
text: Committee Hearings Held.
action_date: 2008-03-04
text: Referred to the House Committee on Education and Labor.
action_date: 2008-03-04
text: Introduced in House
action_date: 2008-03-04
text: Introduced in House