Combustible Dust Explosion and Fire Prevention Act of 2008

COMBUSTIBLE DUST EXPLOSION AND FIRE PREVENTION ACT OF 2008 -- (House of Representatives - April 30, 2008)

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Mr. WILSON of South Carolina. Madam Chairman, I yield myself such time as I may consume.

While I share the majority's commitment to ensuring workplace safety, I believe the underlying bill fails to provide for the most effective means to ensure that safety.

Currently, there are several initiatives concerning dust under way at the Occupational Safety and Health Administration, OSHA. Since October, the agency has implemented a combustible dust National Emphasis Program. This agency has sent high hazard alert letters to over 30,000 businesses emphasizing the need to prevent dust from accumulating.

Most importantly, OSHA is in the midst of the investigation of the February disaster at the Imperial Sugar refinery. The Imperial Sugar refinery in Georgia is located in a community adjacent to the Second Congressional District of South Carolina, which I have the honor to represent.

Instead of undermining the progress of existing combustible dust safety efforts, this substitute requires the Department of Labor to gather all necessary information about the Imperial refinery explosion specifically, as well as the broader dust hazard being examined through the National Emphasis Program. Once that information has been gathered and analyzed, the Secretary of Labor will be able to determine whether and what type of combustible dust standard is necessary.

Should the Secretary determine that existing safety requirements can effectively protect against the combustible dust hazard, the Secretary will be required to report to Congress as to why no new regulatory framework is necessary. But if the National Emphasis Program and the results of the Imperial refinery investigation show that additional guidance and regulation are needed, this substitute requires OSHA to complete a rigorous regulatory process that includes all relevant stakeholders within a fixed time frame.

Our amendment will allow for the regulation to be completed expeditiously and thoroughly without circumventing the Occupational Safety and Health Act, the Regulatory Flexibility Act, the Administrative Procedures Act and other laws and regulations that ensure effective Federal regulations.

We have heard concerns from OSHA that the underlying bill will be difficult to comply with and difficult to enforce. This leaves workers at risk. I have trust in my constituent, Monty Felix of Sandy Run, South Carolina, who is the National President of the American Composites Manufacturers Association, to promote safety. We need the expertise of successful manufacturers.

Our goal today should be to move forward with the most effective strategy to ensure a safe workplace. I believe this substitute achieves that goal, and I urge my colleagues to vote in favor of this substitute.

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