Tuesday, February 26, 2013

Worker Protection Against Combustible Dust Explosions and Fires Act of 2013


On February 14, a group of Democrats in the US House of Representatives reintroduced legislation to protect workers from combustible dust. The new bill short named Worker Protection Against Combustible Dust Explosions and Fires Act of 2013 would compel OSHA to issue interim protections within a year and set deadlines for finalizing a permanent rule.

The bill was introduced by U.S. Representatives George Miller, D-CA; John Barrow, D-GA; and Joe Courtney D-CT.  The district of Rep. John Barrow includes Port Wintworth, GA, home of the deadly 2008 Imperial Sugar refinery combustible dust explosion that killed 13 and left 42 others injured.  The original legislation was introduced in 2008 and passed in the House of Representatives only to stall in the Senate for lack of support.  After being reintroduced again in 2009 and 2011 it never reached the floor for a vote.

The reintroduction of the bill would require OSHA to issue an interim standard within a year, then a proposed rule within an additional 18 months.  The agency would then have to finalize the rule within three years.  It would mandate more worker training, routine cleaning and inspections to prevent dust buildups.  Work procedures and equipment design to minimize fire and explosion risks.  Additionally it would require OSHA to apply relevant NFPA (National Fire Protection Agency) standards.

In 2012 OSHA had moved up the importance of a combustible dust rule and then later removed it from the list of active goals.  Currently,  OSHA has no date for completion of a final or proposed rule.
Lack of urgency on the part of OSHA has not interfered with the determination of other organizations to get a combustible dust rule standard completed and enforced.   The CSB (Chemical Safety Board) has been pushing OSHA since 2006 to establish the rule and has not let up the pressure since.  The CSB final report of the Imperial Sugar Plant Explosion discovered that the sugar industry has been familiar with dust explosion hazards since 1925.   Some industries are asking for exemptions and the bill to not be introduced for vote.

The journey of this bill will be interesting and challenging for both sides of the debate.  For additional information please click the links below.

Read the complete newly introduced bill.

OSHA Combustible Dust An Explosion Hazard page.

Find out if your facility is safe from combustible dust.