H.R. 5522, The Combustible Dust Explosion and Fire Prevention Act of 2008

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H.R. 5522 would require the Secretary of Labor to issue interim and final occupational safety and health standards regarding worker exposure to combustible dust.

Detailed Summary

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 "physical hazard" to include "a combustible dust" as an additional example of such a hazard.

Status of the Legislation

Latest Major Action: 5/1/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Points in Favor

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Points Against

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