,i #aacth ,,congress #ast ,session ,h4 ,r4 #fia ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjac ,mr4 ,george ,miller of ,california 7for himself1 ,mr4 ,barrow of ,georgia1 and ,mr4 ,courtney7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to require the ,secretary of ,labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,worker ,protection ,against ,combustible ,dust ,explosions and ,fires ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,an emergency exists concerning worker exposure to combustible dust explosions and fires1 and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present4 7#b7 ,following #c catastrophic dust explosions that killed #ad workers in #bjjc1 the ,chemical ,safety and ,hazard ,investigation ,board 7,,csb7 issued a report in ,november #bjjf1 which identified #bha combustible dust incidents between #aihj and #bjje that killed #aai workers and injured #gah4 ,the ,,csb concluded that combustible dust explosions are a serious hazard in ,american industry4 ,a quarter of the explosions occurred at food industry facilities1 including sugar plants4 7#c7 ,in ,november #bjjf1 the ,,csb recommended that the ,occupational ,safety and ,health ,administration 7,,osha7 issue a standard designed to prevent combustible dust fires and explosions in general industry1 based on current ,national ,fire ,protection ,association 7,,nfpa7 dust explosion standards4 7#d7 ,fourteen workers were killed and more than #ch seriously injured in a catastrophic combustible dust explosion at ,imperial ,sugar in ,port ,wentworth1 ,georgia on ,february #g1 #bjjh4 7#e7 ,an investigation by the ,,csb found that the explosion at ,imperial ,sugar was fueled by a massive accumulation of sugar dust throughout the packaging building1 triggering a series of secondary explosions throughout the factory4 7#f7 ,the ,,csb's final report of ,september #bd1 #bjji1 regarding the ,imperial ,sugar ,refinery explosion reiterated its previous recommendation from ,november #bjjf that ,,osha proceed expeditiously to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust4 7#g7 ,combustible dust explosions and fires continue to injure workers and cause property damage4 ,in the #e years since the ,february #g1 #bjjh1 explosion at ,imperial ,sugar1 there have been #ej additional combustible dust explosions or fires resulting in #ae deaths and #abg injuries to workers through ,february #g1 #bjac1 according to estimates released by the ,chemical ,safety ,board4 7#h7 ,on ,october #ba1 #bjji1 ,,osha issued an advance notice of proposed rulemaking in response to the ,,csb's recommendation2 however1 a final rule will take at least #d more years1 during which it is foreseeable that additional workers will be seriously injured or killed4 7#i7 ,,osha issued a grain handling facilities standard 7#bi ,c4,f4,r4 #aiaj4bgb7 in #aihg that has proven highly effective in reducing the risk of combustible grain dust explosions1 according to an ,,osha evaluation4 7#aj7 ,no ,,osha standard comprehensively addresses combustible dust explosion hazards in general industry4 7#aa7 ,voluntary ,,nfpa standards exist that1 when implemented1 effectively reduce the likelihood and impact of combustible dust explosions4 ,in particular-- 7,a7 certain requirements currently apply to existing establishments1 which ,,nfpa refers to as a retroactive application1 and include hazard assessment1 housekeeping1 control of static electricity1 control of open flames and sparks1 use of certain tools1 employee training1 and requirements for inspection and maintenance of equipment2 7,b7 other requirements include conventional ignition source control and dust emission control technologies1 such as ventilation systems that capture fugitive dust1 and enclosure of dust generating processes2 7,c7 many employers currently implement such requirements from ,,nfpa standards to address combustible dust hazards in the workplace2 and 7,d7 many employers maintain written combustible dust safety programs and involve employees in implementing the program1 which are important aspects of a comprehensive combustible dust hazard control system4 7#ab7 ,implementation of such means of hazard control is both technologically and economically feasible and would substantially reduce risks related to combustible dust fires and explosions to workers4 #c4 ,issuance of interim standard on combustible dust 7a7 ,application and rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate an interim final standard regulating occupational exposure to combustible dust hazards4 ,the interim final standard shall1 at a minimum1 apply to manufacturing1 processing1 blending1 conveying1 repackaging1 and handling of combustible particulate solids and their dusts1 including organic dusts 7such as sugar1 candy1 paper1 soap1 and dried blood71 plastics1 sulfur1 wood1 rubber1 furniture1 textiles1 pesticides1 pharmaceuticals1 fibers1 dyes1 coal1 metals 7such as aluminum1 chromium1 iron1 magnesium1 and zinc71 fossil fuels1 and others determined by the ,secretary1 but shall not apply to processes already covered by the occupational safety and health standard on grain facilities contained in section #aiaj4bgb of title #bi1 ,code of ,federal ,regulations4 7b7 ,application ,the interim final standard required 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-- 7#a7 apply to existing facilities2 or 7#b7 call for source and dust emission control technologies1 such as ventilation systems that capture fugitive dust1 and enclosure of dust generating processes4 7c7 ,requirements ,the interim final standard required under this section shall include the following elements3 7#a7 ,requirements for hazard assessment to identify1 evaluate1 and control combustible dust hazards4 7#b7 ,requirements for a written program that includes provisions for hazardous dust inspection1 testing1 hot work1 ignition control1 and housekeeping1 including the frequency and method or methods used to minimize accumulations of combustible dust on ledges1 floors1 equipment1 and other exposed surfaces4 7#c7 ,requirements for engineering controls1 administrative controls1 and operating procedures1 including means to control fugitive dust emissions and ignition sources1 and the safe use and maintenance of process equipment and dust collection systems and filters4 7#d7 ,requirements for workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion1 deflagration1 or other fire hazards1 including safe methods of dust removal4 7#e7 ,requirements for participation of employees and their representatives in hazard assessment1 development of and compliance with the written program1 incident investigation1 and other elements of hazard management4 7#f7 ,requirements to provide written safety and health information and annual training to managers and employees and their representatives1 including housekeeping procedures1 hot work procedures1 preventive1 predictive1 and periodic maintenance procedures1 common ignition sources1 and lock-out1 tag-out procedures4 7d7 ,applicability of other statutory requirements ,the requirements applicable to occupational safety and health standards under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b771 the requirements of chapters #e and #f of title #e1 ,united ,states ,code1 and titles #b and #db1 ,united ,states ,code1 shall not apply to the issuance of the interim final standard required under this section4 7e7 ,effective date of interim standard ,the interim final standard shall take effect #cj days after issuance1 except that such standard may include a reasonable phase-in period for implementation of required engineering controls4 ,the interim final standard shall have the legal effect of an occupational safety and health standard1 and shall apply until a final standard becomes effective under section #f of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #fee74 #d4 ,final standard on combustible dust ,not later than #ah months after the date on which the interim final standard is issued under section #c1 the ,secretary of ,labor shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #fee71 issue a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard issued under section #c1 and shall issue a final rule #c years after the issuance of a proposed rule4