House Passes Act to Force OSHA to Issue Combustible Industrial Dust Rule

On April 30, the U.S. House of Representatives passed the Combustible Dust Explosion and Fire Prevention Act of 2008, which mandates OSHA to issue a rule regarding combustible industrial dusts. 

The bill was introduced on March 4, 2008 in response to an explosion at the Imperial Sugar refinery in Pent Wentworth, Georgia. It requires OSHA to issue a rule to include combustible dusts as part of OSHA’s current Hazard Communication standard in 29 C.F.R. § 1910.1200(c). If enacted into law, OSHA must issue an interim rule within 90 days of the bill’s enactment and a final rule within 18 months of enactment. 

The Bush Administration strongly opposes the bill because, in its view, the 90-day and 18-month requirements do not allow for a thorough regulatory and economic analysis.  Another Bush Administration objection was addressed by an amendment which expanded the time to comply with the interim rule from 30 days to six months. For further information on the White House opposition, see the Statement of Administration Policy.