text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Worker Protection Against 
  Combustible Dust Explosions and Fires Act of 2011''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) 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.
              (2) 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.
              (3) 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.
              (4) 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.
              (5) 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.
              (6) 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''.
              (7) Explosions continue to injure workers and cause 
          property damage. In the 3 years since the February 7, 2008, 
          explosion at Imperial Sugar, there have been 24 additional 
          combustible dust explosions or fires resulting in 4 deaths and 
          65 injuries to workers through February 7, 2011, according to 
          data released by the Chemical Safety Board.
              (8) 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.
              (9) 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.
              (10) No OSHA standard comprehensively addresses combustible 
          dust explosion hazards in general industry.
              (11) Voluntary NFPA standards exist that, when implemented, 
          effectively reduce the likelihood and impact of combustible 
          dust explosions. In particular--
                      (A) 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;
                      (B) 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;
                      (C) many employers currently implement such 
                  requirements from NFPA standards to address combustible 
                  dust hazards in the workplace; and
                      (D) 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.
              (12) 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.
  
  SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST.
  
      (a) Application and Rulemaking.--Not later than 1 year after the 
  date of enactment of this Act, the Secretary of Labor shall promulgate 
  an interim final standard regulating occupational exposure to 
  combustible dust hazards. The interim final standard shall, at a 
  minimum, apply to manufacturing, processing, blending, conveying, 
  repackaging, and handling of combustible particulate solids and their 
  dusts, including organic dusts (such as sugar, candy, paper, soap, and 
  dried blood), plastics, sulfur, wood, rubber, furniture, textiles, 
  pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as 
  aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and 
  others determined by the Secretary, but shall not apply to processes 
  already covered by the occupational safety and health standard on grain 
  facilities contained in section 1910.272 of title 29, Code of Federal 
  Regulations.
      (b) Application.--The interim final standard required under this 
  section shall be based on those portions of the National Fire 
  Protection Association Standards in effect on the date of enactment of 
  this Act that--
              (1) apply to existing facilities; or
              (2) call for source and dust emission control technologies, 
          such as ventilation systems that capture fugitive dust, and 
          enclosure of dust generating processes.
      (c) Requirements.--The interim final standard required under this 
  section shall include the following elements:
              (1) Requirements for hazard assessment to identify, 
          evaluate, and control combustible dust hazards.
              (2) Requirements for a written program that includes 
          provisions for hazardous dust inspection, testing, hot work, 
          ignition control, and housekeeping, including the frequency and 
          method or methods used to minimize accumulations of combustible 
          dust on ledges, floors, equipment, and other exposed surfaces.
              (3) Requirements for engineering controls, administrative 
          controls, and operating procedures, including means to control 
          fugitive dust emissions and ignition sources, and the safe use 
          and maintenance of process equipment and dust collection 
          systems and filters.
              (4) Requirements for workplace inspection and housekeeping 
          to prevent accumulation of combustible dust in places of 
          employment in such depths that it can present explosion, 
          deflagration, or other fire hazards, including safe methods of 
          dust removal.
              (5) Requirements for participation of employees and their 
          representatives in hazard assessment, development of and 
          compliance with the written program, incident investigation, 
          and other elements of hazard management.
              (6) Requirements to provide written safety and health 
          information and annual training to managers and employees and 
          their representatives, including housekeeping procedures, hot 
          work procedures, preventive, predictive, and periodic 
          maintenance procedures, common ignition sources, and lock-out, 
          tag-out procedures.
      (d) Applicability of Other Statutory Requirements.--The 
  requirements applicable to occupational safety and health standards 
  under section 6(b) of the Occupational Safety and Health Act of 1970 
  (29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, 
  United States Code, and titles 2 and 42, United States Code, shall not 
  apply to the issuance of the interim final standard required under this 
  section.
      (e) Effective Date of Interim Standard.--The interim final standard 
  shall take effect 30 days after issuance, except that such standard may 
  include a reasonable phase-in period for implementation of required 
  engineering controls. The interim final standard shall have the legal 
  effect of an occupational safety and health standard, and shall apply 
  until a final standard becomes effective under section 6 of the 
  Occupational Safety and Health Act (29 U.S.C. 655).
  
  SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST.
  
      Not later than 18 months after the date on which the interim final 
  standard is issued under section 3, the Secretary of Labor shall, 
  pursuant to section 6 of the Occupational Safety and Health Act (29 
  U.S.C. 655), issue a proposed rule for regulating combustible dust 
  explosions that includes the major elements contained in the interim 
  final standard issued under section 3, and shall issue a final rule 3 
  years after the issuance of a proposed rule.
target: Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the occupational safety and health standard on grain facilities.
  
  Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities; or (2) call for source and dust emission control technologies.
  
  Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping; (3) engineering controls, administrative controls, and operating procedures; (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management; and (6) providing safety and health information and annual training to managers and employees and their representatives.
  
  Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls.
  
  Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule.
feat_title: To require the Secretary of Labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust, and for other purposes.