OSHA to Hold Forum on Regulating Combustible Dust

The Occupational Safety and Health Administration (OSHA) has announced that on May 13, 2011, it will hold an expert forum to identify the agency’s regulatory options for protecting workers from combustible dust hazards. According to a press release, matters to be discussed include “identifying regulatory options that can minimize the costs to small- and medium-sized businesses of reducing or preventing combustible dust hazards, while protecting workers from these hazards.” Members of the forum will include representatives from various industries, academia, research groups, insurance-underwriter organizations, labor, and the government.

The proposed regulation of combustible dust has generated a lot of concern from those in the business community. In October 2009, the agency issued an advance notice of proposed rulemaking (ANPRM) calling for public comment, data, and other input to help the agency develop a standard to address the fire and explosion hazards associated with combustible dust. According to the DOL’s regulatory agenda for 2011, OSHA is in the processing of drafting a such a rule to address this hazard. During a web chat to discuss OSHA’s regulatory agenda, Assistant Secretary of Labor David Michaels said that while no final rule issuance date on combustible can be predicted, OSHA plans to initiate its Small Business Regulatory Enforcement Fairness Act (SBREFA) process in April, a process that ordinarily take several months to complete.

Meanwhile, on the legislative front, Rep. George Miller (D-CA) introduced in February the Worker Protection Against Combustible Dust Explosions and Fires Act (H.R. 522), a measure that would require the Secretary of Labor to issue an interim occupational safety and health standard addressing worker exposure to combustible dust within one year and a proposed rule within 18 months.

The May 13 discussion is scheduled for 9 a.m. EDT at the Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. Space is limited for non-participating observers. To register as a non-participating observer, individuals are directed to contact Bill Hamilton at 202-693-2077 by May 6, 2011. OSHA will make a summary of the meeting available on its Combustible Dust Web page.

Photo credit: Alex Nikada

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.