Proposed Combustible Dust Bill Relationship to OSHA Regulations

Proposed Combustible Dust Legislation H.R. 691,Worker Protection Against Combustible Dust Explosions and Fires Act of 2013. Presentation illustrates relationship of proposed combustible dust bill with OSHA regulations. Approximately 40% of the requirements are mirrored from content in the OSHA Fire Prevention Plan 1910.39 in addition to approximately 50% of content analogous to OSHA's Process Safety Management 1910.119 regulations.

Many of the NFPA combustible dust standards also include elements of Process Safety Management (PSM) such as management of change (MOC), accident investigations, contractor training, etc. Additionally elements in the requirements of the proposed bill include: Hazard Assessment 1910.132, Hazard Communication (HazCom) 1910.1200, Process Safety Management (PSM) 1910.119, Lock-out/Tag-out (LOTO)1910.147, and Hot Work 190.252.

The proposed reintroduced legislation fails to address in the "findings" the importance of training, education, outreach, inspections, and enforcement at the local jurisdictional level with the I-Codes such as the International Building Code and International Fire Code which reference the NFPA combustible dust standards. There exponentially  more local building and fire inspectors conducting plan review, permit approval, and inspections than the limited resources of OSHA inspectors working out of distant area offices. Fires can never be effectively regulated at the federal level since fire prevention and protection is a local issue. A cohesive collaboration between local, state, and federal agencies would be a equitable solution in addressing the contentious and complex subject of combustible dust fire and explosion hazards in H-2 High-Hazard occupancies which appear to many as benign deflagration hazards with the continued occurrence of "near misses" throughout all sectors

YouTube video on slide #2 is Representative George Miller (D), Chairman of the Education and Labor Committee, making a statement during floor debate on HR 5522, the Worker Protection Against Combustible Dust Explosions and Fires Act, on April 30, 2008. The bill passed in the House of Representatives April 30, 2008, 6:56 p.m. with a 247/165 simple majority vote but was never passed by the Senate.

Building Signage Communicating Hazards Will Save Lives

Truss Signage

International Fire Code (2012) Appendix J - Building Information Sign, provides excellent guidance in communicating high-hazard occupancies to fire crews responding to combustible dust related fires and explosions. Many fire departments are not aware of the inherent special risk of a HazMat nature when responding to these types of incidents. The situation is especially critical with lack of resources for many jurisdictions in conducting pre-site visits as outlined in NFPA 1620 Standard for Pre-Incident Planning.

“Truss signage,” is an excellent example currently implemented in numerous jurisdictions throughout the nation in preventing injures and fatalities of fire-fighters due to truss system failures. Similar signage as referenced in the International Fire Code (2012) and NFPA 704 will effectively communicate hazards to fire departments responding to facility combustible dust related incidents.

“Fire Chief did not receive an MSDS sheet from facility until the next day. Fire Chief added that if he had the MSDS sheet at the time of the incident his tactical decisions would have been different.” –excerpt accident report. This example illustrates if High-Hazard H-2 occupancy signage was affixed to the outside of buildings, fire crews would know upon arriving at the fireground that deflagration hazards are present. NFPA 704 signage produces similar results. A flammable vapor cloud explosion (VCE) is not much different than the severity of a wood dust deflagration as both involve damaging pressures waves followed by slower moving flame fronts of destructive flammable gases.

2011 Over 500 Combustible Dust Related Incidents in Manufacturing Sector

NFIRS Structure

National Fire Incident Reporting System (NFIRS) analysis #94 item first ignited and #700 manufacturing property use. NFIRS is a voluntary reporting system so many fire incidents are not reported to the National Fire Data Center of the U.S. Fire Administration in Maryland. If there is no incident report for the legal record, then it's as if the incident never happened. Thanks to the dedication of the local fire departments, state program managers of the the National Fire Information Council (NFIC), and the National Fire Data Center in providing this valuable incident data to stakeholders for further analysis and evaluation.

NFIRS analysis of 2011 manufacturing sector workplace combustible dust related incidents indicated 14 injuries and 2 fatalities. For all items first ignited at manufacturing facilities including dust, NFIRS data indicated a total of 115 workplace injuries and 15 fatalities. In addition to workplace injuries 10 firefighters sustained injuries responding to combustible dust related incidents at manufacturing properties in 2011.

Currently about 23,000 fire departments report NFIRS data to the National Fire Data Center each year out of approximately 30,145 fire departments. (Source: U.S. Fire Administration and NFPA). As a result solely utilizing NFIRS data is not conclusive and does not provide a total count of incidents, injuries, fatalities, and property damage. In contrast, NFPA conducts a National Survey of fire departments in the development of a scaling ratio in conjunction with NFIRS data which assists in filling the gaps of insufficient NFIRS data.

Stakeholders are highly encouraged to review the informative NFPA report "Fires in U.S. Industrial and Manufacturing Facilities (2006-2010) " provided by NFPA’s Fire Analysis and Research Division. For all types of fires the recent NFPA 2012 report noted an annual average of 22 fatalities and 300 injuries at industrial and manufacturing properties which also includes the utility, defense, agriculture, and mining sectors..

Evaluating NFIRS data stakeholders can observe emerging trends in NAICS, Area of Fire Origin, Heat Source, Type of Material First Ignited, Cause of Ignition, Factors Contributing to Ignition, Equipment Involved in Ignition (EII), Presence of Detectors, Presence of Automatic Extinguishing System, Casualties, Property Loss, etc. The next intermediate step in an evaluation is utilizing NFPA 550 Guide to the Fire Safety Concepts Tree then culminating with implementing control measures in the NFPA combustible dust standards, International Fire Code, and FM Global Property Loss Prevention Data Sheets.

The OSHA Combustible Dust; Advance notice of proposed rulemaking, Table 1--Industries Having at Least One Recorded Combustible Dust Incident Reported Since 1980  is misleading and not reality noting 422 combustible dust incidents in a 28 year time span or approximate average of 15 incidents annually. To fully understand the depth of the combustible dust problem in the workplace it is imperative the fire service be included in future dialogue regarding training, outreach, education, inspections, and enforcement.

Key stakeholders from the fire service having intimate knowledge of fire and explosion hazards in non-residential building structures include: International Association of Firefighters (IAFF), International Association of Fire Chiefs (IAFC), National Volunteer Fire Council (NVFC), National Association of State Fire Marshals (NASFM), and National Fire Information Council (NFIC).
 
Appropriately the contentious issue of combustible dust hazards in the workplace is primarily a fire hazard and secondarily an explosion hazard. Subsequently, the majority of combustible dust related incidents are non-consequential (near misses) fires with no injuries, fatalities, nor property damage. This results in a disturbing mindset of "normalization of deviation" where facility owners and managers falsely believe that since nothing bad has happened in the past then nothing bad will happen in the future. Initially addressing the fire hazards will eliminate the possibility of secondary catastrophic dust explosions or disastrous flash fires. 

OSHA Combustible Dust Blame Game

Over the past year OSHA has constantly been negatively portrayed in the national headlines concerning workplace safety issues. Several weeks ago CBS 60 Minutes aired a segment, questioning whether current OSHA workplace health and safety regulations are adequate in protecting the nation's workforce from the hazards of combustible dust in the manufacturing sector.

Prior to this sensationalism in journalism , the House Education and Labor Committee through the leadership of Congressman George Miller (D-CA), drafted a crafty bill and held congressional hearings on combustible dust. Now after passage in the House, HR 5522, the Worker Protection Against Combustible Dust Explosions and Fires Act awaits hearings and a vote in the Senate and eventually the Presidents signature.

False Presumption
Through all the political hoopla and national media attention after the tragic sugar dust explosion at the Imperial Sugar Refinery on February 7, 2008 in Port Wentworth , Georgia many including the provider of content on this site have mistakenly concluded that OSHA is at fault in not providing sufficient combustible dust regulations. This is a false presumption when the facts of the complex combustible dust issue are revealed.

Its much easier for congressional leaders to place all the blame on OSHA instead of fully researching the cause and effect of combustible dust incidents. Unfortunately, the media picks up on this misinformation and political spin that is perpetuated in conjunction with the Imperial Sugar Refinery tragedy.

Local Issue not Federal
Hazards of combustible dust in the manufacturing sector is a municipal, state or regional issue, not a federal problem. Whenever there is a fire or explosion at a manufacturing facility with combustible dust involved, who are the first responders in extinguishing the fire? Of course, it's either the facility fire brigade or the local fire department.

What jurisdictional protections must be followed to ensure the life safety and structural integrity of commercial buildings is instituted and maintained? Yes, thats correct, building and fire codes. Since when has it been OSHA's responsibility to act as first responders to industrial fires and enforcement of fire codes?

Fire Codes
Currently states are either utilizing the International Code Council, International Fire Code (IFC) or the National Fire Protection Association, Uniform Fire Code(UFC) with references to the numerous NFPA combustible dust codes. Following the 2006 Dust Hazard Study, the Chemical Safety Board determined that many fire inspectors are not knowledgeable concerning the hazards of combustible dust that are referenced in the fire codes. Additionally, the CSB report discovered that the IFC or UFC fire codes adopted by several states had not been properly addressed in relation to combustible dust concerning commercial buildings.

Standard of Care
So is the fire code issue an OSHA problem? As enforcement action, OSHA currently utilizes the General Duty Clause for manufacturing facilities that violate workplace health and safety standards concerning combustible dust hazards. These standards in addition to current OSHA regulations include nationally recognized standards of care that is recognized by industry consensus through the American National Standards Institute (ANSI). Many of these standards of care include NFPA 484 (metal dust), NFPA 664 (wood dust), NFPA 61 (agricultural/food dust), NFPA 654 (combustible particulate solids), and NFPA 120 (coal dust).

Conclusion
The combustible dust bill, HR 5522, the Worker Protection Against Combustible Dust Explosions and Fires Act is redundant, which will require OSHA to incorporate the NFPA combustible dust codes that already are part of state fires codes. Furthermore, OSHA does not have enough financial resources and inspectors to inspect local manufacturing facilities with regularity like local jurisdictions do.

Georgia has taken the lead in requiring manufacturing facilities that generate combustible dust to register with the state. This action is similar to the European Union combustible dust ATEX directive requiring explosion protection document submittal from manufacturing facilities. Workplace protection from the hazards of combustible dust need not be controlled at the federal level.

Instead of the question,"Would combustible dust explosions occur if an OSHA comprehensive combustible dust standard was instituted?" The appropiate question would be, "Would combustible dust explosions occur if current fire codes followed the references to the NFPA combustible dust codes?"

Georgia Leads in Preventing Combustible Dust Incidents

Georgia is now leading the nation in preventing future combustible dust incidents with a proactive program that requires all new and existing facilities that have operations involving the manufacturing, processing, and/or handling combustible particulate solids including manufacturing processes that create combustible dust to register with the state by July 1, 2008.

In addition to requiring facilities to register the Rules and Regulations for Loss Prevention Due to Combustible Dust Explosions and Fire were adopted by the state on March 7, 2008. These proactive measures provide a high level of safety awareness that will prevent and mitigate the occurrence of future combustible dust explosions and fires.

Georgia has adopted the International Fire Code, which makes reference to the numerous National Fire Protection Association combustible dust codes. Such as NFPA 654 Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids, which is available for free viewing and purchase on the NFPA website.

Georgia Fire Safety Symposium
While taking the lead, the Georgia Insurance and Safety Fire Commissioner, led by Commissioner John Oxendine has organized an educational program with the help of his professional staff, which is open to the public at the Georgia Fire Safety Symposium to be held at the Georgia Public Safety Training Center in Forsyth, Georgia on July 14-18 2008. Several educational tracks will cover engineering/building inspections, hazardous materials inspections, and fire safety education for fire professionals who work daily in the fire protection filed. The Symposium is the 37th annual event and is part of the Fire Education program that the state provides in accordance with the mandate of Official Code of Georgia Annotated Title 25, Chapter 2.

Combustible Dust Training
A special aspect of the Symposium will be two days of training concerning NFPA Standards on Dust Explosions on Hazards. Guy Colona, NFPA Vice President of Chemical Engineering and Amy Spencer NFPA Senior Chemical Engineer will be providing the presentations. Topics will include dust hazard characterization, background on lessons learned from previous combustible dust incidents, hazard recognition, hazard assessment, and explosion hazard management.

Participants attending the two days of combustible dust training in the 500 seat auditorium will gain an understanding of the numerous NFPA combustible dust codes that are referenced in the International Fire Code, which cover metals, agricultural and food products, wood, explosion venting, and explosion prevention systems.

Conclusion
The most unique aspect of the Symposium is that it is open to the public. So now all stakeholders who work, manage, or own manufacturing facilities that generate combustible dust from combustible particulate solids will have chance to gain an understanding of the complex subject concerning combustilbe dust. After June 20, 2008 tickets will cost $125.00, a very reasonable fee considering the scope and depth of the content.

Other states can now learn from Georgia's proactive example in also instituting measures in preventing and mitigating future combustible dust incidents in addition to providing combustible dust training to stakeholders in their region.

Resources:
2008 Brochure and Registration Forms
2008 Fire Safety Symposium Registration Form