House Bill Would Require Regulation Of Combustible Dust

Thu. Apr. 10, 2008


WASHINGTON (April 9, 2008) - Hoping to prevent future explosions like a Georgia sugar refinery accident that recently killed 13 people, the House Education and Labor Committee approved legislation Wednesday that would require the Occupational Safety and Health Administration to develop rules regulating combustible industrial dusts, like sugar dust, which can build up to hazardous levels and explode.

The measure (H.R. 5522), which was approved by voice vote, was prompted in part by the February explosion caused by sugar dust at the Imperial Sugar refinery in Port Wentworth, Ga. Sixty workers also were injured.

"The hazards of combustible dust are well known to those who work in industries at risk," House Education and Labor Chairman George Miller, D-Calif., said. "Dust explosions have been happening for centuries."

He noted that despite this, OSHA has failed to issue rules regulating combustible dust even though the National Fire Protection Association, a nonprofit organizaion that develops standards and codes to prevent fires and other hazards, has developed "several effective combustible dust standards."

In a November 2006 report, the U.S. Chemical Safety Board, an independent federal agency charged with investigating industrial chemical accidents, found that combustible dust explosions were a serious problem and called on OSHA to issue a combustible dust regulation, Miller said. The report identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and insured 718 others, he said.

He noted that OSHA officials say they have enough authority under current rules to enforce the prevention of dust explosions and that the agency has launched an effort known as the National Emphasis Program involving the inspection of facilities that may be susceptible to combustible dust explosions.

However, Miller added that the current regulations are inadequate. "Although these rules have been interpreted to apply to combustible dust hazards, they do not provide the details on safe operating and cleaning procedures that would be included in a dedicated combustible dust standard based on NFPA standards," he said.

H.R. 5522 would require OSHA, which is part of the Labor Department, to develop an interim combustible dust standard 90 days after the bill's enactment and a permanent final standard within 18 months. The rules would be based on the standards developed by the NFPA. In addition, the bill would require OSHA to revise the Hazard Communication Standard to include combustible dusts. The standard is aimed at informing and training employees about the use, recognition and handling of hazardous chemicals and products.

The committee's ranking Republican, Rep. Howard (Buck) McKeon of California, said while he believes OSHA should complete a thorough investigation of the Imperial Sugar refinery explosion to determine whether additional regulation is needed, the bill "proposes a highly proscriptive regulatory mandate in an excruciatingly compressed timeframe." He added that OSHA has said it cannot complete an effective regulatory process in such a short amount of time.

The committee adopted a substitute amendment by voice vote offered by Rep. Lynn Woolsey, D-Calif., chairwoman of the panel's Workforce Protections Subcommittee, aimed at addressing some of the concerns raised by Republicans and industry. To address concerns about the timing of the interim standard, she said the substitute moved some of the requirements such as those that deal with building design, explosive venting and explosion protection to the final standard. In addition, she said the substitute gives OSHA more flexibility in adopting the "appropriate" provisions from the NFPA standards and would leave the definition of combustible dust to OSHA's discretion.

Rep. Joe Wilson of South Carolina, the ranking Republican on Woolsey's subcommittee, offered a substitute amendment that was rejected by voice vote. It would have first required that the investigation by the Labor Department of the Imperial Sugar explosion be completed. Following the investigation, the substitute would have required the Secretary of Labor to determine whether a combustible dust standard is necessary and if so, to issue such a standard within 36 months. If the current regulations were found to be adequate, the Secretary would be required to tell Congress within six months why a new standard is not needed.

Wilson, who noted that his district is across the river from where the Imperial Sugar explosion occurred, said his substitute offered "the best strategy for safety."

Miller rejected claims that supporters are "rushing without understanding the problem." He noted that since the Chemical Safety Board's report was issued, 67 additional explosions from combustible dust have occurred. "We can't afford to wait," he said. "Workers can't afford to wait."

Following the markup, Miller said he did not think the concerns raised by the panel's Republicans would hamper the bill and noted that the minority members "have been helpful." He said he was not sure when the bill would be considered on the House floor but planned to discuss the timing with Majority Leader Steny Hoyer, D-Md., soon.

by Juliana Gruenwald

Thu. Apr. 10, 2008

  •  
  •