Legislators, More Regulation is the ComDust Cure

Why is it that legislators seem to think that passing more bills and regulations is the cure all? Problem with the combustible dust issue is that no one in Washington D.C. has all the facts and solely utilizing the Chemical Safety Board's Dust Hazard Study provides a false perception of the enormity and complexity of the issues both social and economical.

"Their bill would tell OSHA to issue - within 90 days - an interim standard. It would require better housekeeping, engineering controls, worker training and a written combustible-dust safety program."
Savannahnow.com-news article

For example, the CSB report states there were 281 ComDust incidents from 1980-2005, or an average of eleven incidents annually. In stark contrast, according to media accounts of ComDust related incidents since 2008 there have on an average 12 incidents a month. This would equate to approximately 4,000 ComDust incidents during the 1980-2005 timeframe.

Not understanding the depth of the issue is only part of the problem. For example FEMA/U.S. Fire Administration's, "National Fire Incident Reporting System 5.0 (NFIRS)" via local fire departments has failed to report and identify process situations, process conditions, and process materials regarding combustible dust related fires, precursors to catastrophic dust explosions.

If the local fire and explosions hazards can't be identified, then how can they be evaluated and controlled? Of course legislators at the national level seem to think legislation and regulation is the answer for a local/regional problem. That is the easy way out in attempting to solve a primarily fire life safety issue and secondarily an occupational safety issue.

The OSH ACT specifically states that to address workplace safety, issues of regulation, education, outreach, and research must be pursued. OSHA with its limited resources cannot do it all.

"by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes."

What happened to NIOSH as the OSH ACT intended in getting involved with outreach/education regarding the combustible dust issue as it had done decades ago concerning coal mine dust explosions, prior to when the U.S Bureau of Mines (USBM) was transferred to NIOSH, Department of Energy (DOE), U.S. Geological Survey, and the Bureau of Land Management in 1995-97.

Let’s all grow up and stop singling out Imperial Sugar explosion as the problem. Currently Imperial Sugar is an industry leader in addressing ComDust fire and explosion hazards. What about the tens of thousands manufacturing facilities that have potential ComDust fire and explosion hazards? So now OSHA as Secretary of Labor states, "there's a new sheriff in town." So what we going to do, fine them all?

Outreach, training, research, and education through NIOSH and US Fire Administration are just a few examples in alternatives to more legislation and regulation. Question is, who has the vision in providing the leadership so all local, state, and federal agencies are working together in these tough economic times.

Resources -OSH Act

• Section 20 - Research and Related Activities
• Section 21 - Training and Employee Education
• Section 22 - National Institute for Occupational Safety and Health

NIOSH and OSHA, Divergent Paths to OSH Act

It's time for OSHA and NIOSH to work together in a comprehensive collaborative effort instead of the divergent manner that has been occurring in the past. The OSH Act 1970 mandated that NIOSH would carry out the policy set forth in Section 2 - Congressional Findings and Purpose of the Act and to perform the functions of the Secretary of Health and Human Services under Section 20 - Research and Related Activities and Section 21 - Training and Employee Education of the Act.

NIOSH has been conducting an excellent job in research, education, and outreach, providing stakeholders in the nation's workplace with their excellent products. The problem is that many of their products cannot be found on the OSHA Safety and Health Topics Pages. Many businesses are not aware of NIOSH, which is federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness. NIOSH is part of the Centers for Disease Control and Prevention (CDC) within the U.S. Department of Health and Human Services.

OSHA in addition to conducting enforcement and inspection activities in the workplace also has many excellent occupational health and safety products. In contrast many stakeholders are aware of OSHA activities through citations and their collaborative outreach programs and educational resources available on the OSHA website. The problem with the OSHA and NIOSH educational resources and products is that they are located on two different websites.

For example, viewing OSHA's Safety and Health Topics Pages., one of the first topics in the search drop-down menu is Agricultural Operations There are many excellent links to:

• What standards apply? OSHA Standards | Other Federal

• What are the hazards and possible solutions in agricultural operations?Ergonomics | Noise | Respiratory | Chemicals | Biologicals | More
• How do I evaluate agricultural hazards in the workplace?

• Where can I find safety and health programs in agricultural operations? Research and Education Centers | International Model Programs

• What additional information is available?

In contrast, when comparing the OSHA Safety and Health Topics Pages to the NIOSH Safety and Health Topic Agricultural Page, many subjects that NIOSH has determined are important concerning occupational health and safety cannot be found on the OSHA pages. All the educational resources from NIOSH and OSHA are excellent, but wouldn't it make sense to combine the wealth of information that is currently located on two different website into one location?

Agricultural topics is just one example where the discrepancy arises. What about the dozens of other topics where OSHA provides helpful information on their Topic pages Index in addition to the NIOSH A-Z Index. With the technology on the Internet, an IT manager can combine the two in a seamless easy to use manner. Lets bring the OSH Act back as the Congress intended nearly four decades ago with OSHA and NIOSH working together in unison.