Antiquated OSHA General Industry Standards is the Problem

http://savannahnow.com/news/2009-11-24/osha-meeting-combustible-dust-rules-set-dec-14-dc

Several OSHA General Industry Standards already specify combustible dust such as hazardous (classified) locations, powered industrial trucks, and ventilation. The problem is that a majority of OSHA general industry standards are antiquated and do not reflect the 21st century where technology and the wealth of knowledge has exceeded the level from when a majority of OSHA standards were initially written over three decades ago.

It's easy for local elected officials to demand that a separate standard be developed for combustible dust when they have no understanding that combustible dust explosions are propagating explosions like vapor could explosions and require similar layers of protection concerning damaging overpressure effects, harmful thermal radiation, and life threatening ensuing projectiles.

A separate standard for combustible dust only further deviates from the fact that combustible dust poses a potentially explosive atmosphere like flammable gases, vapors, and mists. An excellent example of global protective and mitigative measures would be the ATEX Directives for explosive atmospheres that our international trading partners have implemented in the European Union.

The realistic urgent issue nationwide regarding propagating explosions is not dust explosions but the multitude of flammable liquid, vapor, and gas explosions that have plagued the nation's workplace. Since 2003, the Chemical Safety Board has investigated two dozen of these incidents compared to only four combustible dust incidents in nearly a decade.

In a politically and emotionally charged environment the hard and true facts are being misreported in governmental press releases that all fatalities and injuries since 1980 have occurred due to dust explosions. This totally contradicts the results of the CSB governmental 2006 Dust Hazard Study, which reported that combustible dust related fires and explosions are the culprit, not solely explosions.

Over 80% of the combustible dust incidents in 2008, according to media accounts, were fires not dust explosions. Any workplace fatality or injury is one to many. Fortunately in 2008, excluding the Imperial Sugar explosion, the human toll was minimal. The few injuries that did occur consisted of flash fire burn injuries and would not even come up on the radar as a national problem, in contrast to the rash of recent workplace flammable liquid, gas, and vapor explosions.

Jumping to incorrect conclusions that dust explosions with fatalities are prevalent and occur on a regular basis does not reflect current reality. The Imperial Sugar Refinery explosion was tragic and preventable. Something definitely needs to be done with the current OSHA regulatory scheme. But a separate dust standard is the wrong direction. If good housekeeping in removing the fuel load was adhered to as outlined in the current OSHA General Industry Standards then the secondary devastating dust explosions in the Imperial Sugar and prior catastrophic 2003 incidents would never have occurred.

To further complicate the matter is the call by legislators to supersede the OSHA combustible dust rulemaking process with a bill that would force OSHA to enact a standard four months after the bill became law. This is economically unrealistic in a time when the nation is experiencing the worst recession since the 1930’s with many facilities shutting down permanently and laying of workers.

Already through OSHA’s targeted national emphasis program through combustible dust enforcement and citation activities, businesses have began to lay-off workers so as to implement costly abatement actions. It’s just a matter of time following a proposed separate combustible dust standard or bill that many more small businesses in the manufacturing sector will be force to close down.

In conclusion, there needs to be an equitable balance between occupational safety and business economics, which reflects the reality of potential workplace fatalities and injuries due to combustible dust related fires and explosions.

Read the OSHA General Industry Standards Lately?

Out of curiosity I thought I'd review a few of the applicable OSHA General Industry Standards as they relate to combustible dust citations. This interest especially came about after the recent OSHA STATUS REPORT on the COMBUSTIBLE DUST NATIONAL EMPHASIS PROGRAM. In addition to General Duty Clause citations for combustible dust, facilities are also cited due to violations of the OSHA General Industry Standards. For example the status report lists several general industry regulations violations in Figure 6. Number of Combustible Dust Related Violations

The report states, "Hazard Communication standard is the standard most frequently cited with respect to combustible dust related hazards, followed by the housekeeping standard." On a prior ComDust post mention was made of the powered industrial trucks, which was the third most cited general industry violation. But then I got to thinking, "what about the OSHA Ventilation Standard 1910.94"?

OSHA Ventilation Standard
Reviewing the standards online it is interesting to note that 1910.94 is mostly concerned with industrial hygiene as it relates to grinding, polishing, buffing, abrasive blasting, and spray finishing operations. Elements of combustible dust fire and explosion protection is noted briefly in the definitions applicable to ventilation 1910.94(a)(2)(iii). Specifically, incorporated by reference as specified in § 1910.6. National Fire Protection Association Explosion Venting Guide, NFPA 68-1954. Okay that's great. But what does that 1954 at the end of NFPA 68 mean? After-all it is over a half a century later, here in 2009. That couldn't mean the year 1954, no way..?

Well as I always do, and ending up getting in more trouble, I decided to turn up more rocks and find out for myself. Sure enough a click here and a select there, and I'm on the NFPA site viewing NFPA 68 and reading the origins and development of NFPA 68. Well sure enough, NFPA was first printed as a guide using "rules of thumb," for explosions venting. I believe that was before the Russian Sputnik satellite was launched, which initiated America's space race.

ComDust NEP Status Report
The recent ComDust NEP status report summarizes some General Duty Clause citations issued by OSHA under the Combustible Dust NEP. Nearly half of these GDC citations in the summary have to do with ventilation such as ductwork, dust collectors, air handling, etc. It appears facility stakeholders have no clue in proper ventilation best engineering practices and procedures in minimizing the combustible dust fire and explosion hazards. Well after reviewing the OSHA ventilation standards and noting the sparsity of any information and guidance except reference to an over half a century NFPA standard it's no wonder there are so many of these GDC citations.

Now the primary argument in the recently published OSHA combustible dust ANPRM that a separate combustible dust standard is needed and in a recent OSHA news release is:

"The NEP has resulted in an unusually high number of general duty clause violations, indicating a strong need for a combustible dust standard. The general duty clause is not as effective as a comprehensive combustible dust standard would be at protecting workers."

Overhaul General Industry Standards
Of course there would be an unusually high number of GDC's especially with the outdated OSHA General Industry Standards, that were written over three decades ago. Smoke and mirrors are fine and dandy attending the circus once a year when it comes to town. But how can we even begin to start a national discourse on any separate standard when the problem lies squarely in a much needed overhaul of the OSHA General Industry Standards?

Look at HazCom, no mention of the physical properties issue as it relates to midstream in the manufacturing life-cycle. Housekeeping is hidden beneath Subpart D: Walking-Working Surfaces and can't even find the word "fire" in the General Requirements. Then there is PPE, with chemical hazards, radiological hazards, or mechanical irritants. What about PPE for thermal radiation hazards from flash fires?

Conclusion
The list goes on and on with these outdated OSHA General Industry Standards that don't reflect the current situation in the workplace that was not initially acknowledged in an entirely different era of the 1970's when our American troops were in Vietnam and it was still cool to go to the movie drive-in, watching the Godfather.

Protection of the workplace from hazards will need dozens more separate standards like the proposed combustible dust standard, if the dire situation continues in not addressing the current outdated General Industry Standards. So have you read them lately?