Sec. 2. Findings
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Congress finds the following: An emergency exists concerning worker exposure to combustible dust explosions and fires, and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present. Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board
(CSB)issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that combustible dust explosions are a serious hazard in American industry . A quarter of the explosions occurred at food industry facilities, including sugar plants. In November 2006, the CSB recommended that the Occupational Safety and Health Administration
(OSHA)issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association
(NFPA)dust explosion standards. Fourteen workers were killed and more than 38 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. An investigation by the CSB found that the explosion at Imperial Sugar was fueled by a massive accumulation of sugar dust throughout the packaging building, triggering a series of secondary explosions throughout the factory. The CSB’s final report of September 24, 2009, regarding the Imperial Sugar Refinery explosion reiterated its previous recommendation from November 2006 that OSHA proceed expeditiously to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust . Combustible dust explosions and fires continue to injure workers and cause property damage. In the 5 years since the February 7, 2008, explosion at Imperial Sugar, there have been 50 additional combustible dust explosions or fires resulting in 15 deaths and 127 injuries to workers through February 7, 2013, according to estimates released by the Chemical Safety Board. On October 21, 2009, OSHA issued an advance notice of proposed rulemaking in response to the CSB’s recommendation; however, a final rule will take at least 4 more years, during which it is foreseeable that additional workers will be seriously injured or killed. OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272) in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. No OSHA standard comprehensively addresses combustible dust explosion hazards in general industry. Voluntary NFPA standards exist that, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. In particular— certain requirements currently apply to existing establishments, which NFPA refers to as a retroactive application, and include hazard assessment, housekeeping, control of static electricity, control of open flames and sparks, use of certain tools, employee training, and requirements for inspection and maintenance of equipment; other requirements include conventional ignition source control and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes; many employers currently implement such requirements from NFPA standards to address combustible dust hazards in the workplace; and many employers maintain written combustible dust safety programs and involve employees in implementing the program, which are important aspects of a comprehensive combustible dust hazard control system. 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 workers.
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