On October 21, 2009, OSHA published an Advance Notice of Proposed Rulemaking to address the fire and explosion hazards related to combustible dust. The advanced notice includes requests for comments and information regarding the definition of combustible dust, hazard recognition, hazard assessment, hazard communication, and training. 

The advance notice comes after the Chemical Safety and Hazard Investigation Board (”CSB”) conducted a study of dust explosion incidents between 1980 and 2005. Based on this study, the CSB listed five recommendations for OSHA to implement: (1) revise the hazard communication standard to clarify the coverage and requirements related to combustible dust; (2) communicate with the United Nations Economic Commission for Europe to amend the Globally Harmonized System to address combustible dust hazards; (3) provide combustible dust-related training through the OSHA Training Institute; (4) implement a special emphasis program for combustible dust; and (5) issue a standard designed to prevent combustible dust fires and explosions. OSHA has addressed the first four recommendations and this rulemaking addresses the fifth recommendation.

This advanced notice also comes after Congressional pressure on OSHA to focus on combustible dust. On July 29, 2008, the Senate Subcommittee on Employment and Workplace Safety held a hearing to examine whether OSHA was adequately enforcing its National Emphasis Program for combustible dust. The hearing focused on a February 7, 2008 combustible dust explosion that resulted in 14 fatalities at an Imperial Sugar Company plant.

On February 4, 2009, Reps. Miller (D-CA), Barrow (D-GA), and Woolsey (D-CA) introduced the Workers Protection Against Combustible Dust Explosions and Fires Act (H.R. 849), which would require the Secretary of Labor to issue interim and final regulations regarding working exposure to combustible dust. On March 23, 2009, the Act was referred to the Subcommittee on Workforce Protections. This legislation is similar to previous legislation passed by the House on April 30, 2008. 

OSHA has also asked for public comments in connection with this advanced notice. The comment period will remain open until January 19, 2010. Comments may be submitted in three ways:  1) post the comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov/, 2) send three copies to the OSHA Docket Office, Docket No. OSHA-2009-0023, Technical Data Center, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C., 20210, or 3) fax the comments to 202-693-1648. Comments must include the Agency name and Docket Number for this rulemaking:  OSHA-2009-0023.