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.

Breakfast Discussion Prior to ComDust Stakeholder Meeting

Stakeholders, come join us in Washington, D.C. for a 7:00 A.M. -8:30 A.M Breakfast Discussion, December 14 2009, in the Latrobe Room (Constitution Level 3B) at the Grand Hyatt Washington prior to the 9:00 AM OSHA Combustible Dust ANPRM stakeholder meeting.

The gathering on 1000 H Street NW, across the street from the Washington Marriott at Metro Center will provide an opportunity for a cross spectrum of stakeholders to briefly discuss, compare notes, and share ideas on important aspects of the OSHA Combustible Dust Advanced Notice of Proposed Rulemaking (ANPRM).

With over 200 questions in the ComDust ANPRM that OSHA is seeking data, information, and comment that covers fifteen major topics, the morning discussion prior to the stakeholder meeting will be an interesting and lively event. Representatives from government, industry, standards developing organizations, research and testing, unions, trade associations, insurance, fire protection equipment manufacturers, consultants, and others are all invited to the early morning venue.

During the lunch break from 12:00-1:00 P.M. the Latrobe Room will also be open so stakeholders can meet and briefly discuss topics prior to the afternoon 1:00 P.M. -4:00 P.M. OSHA ComDust ANPRM stakeholder meeting.

OSHA plans on directing the stakeholder meetings to cover topics of possible regulatory approaches, scope, organization of a prospective standard, role of consensus standards, economic impacts, and additional topics as time permits. Additionally, OSHA will select approximately 35 stakeholders across a spectrum of industry sectors and affiliations for each of the sessions from the registrant pool that the Eastern Research Group (ERG) is compiling. Furthermore, members of the general public are welcome to attend the meeting, but not participate. Seating for the public is limited, so it is a first-come, first served basis.

Contact Info
Please contact me if you desire to attend the Breakfast Discussion so as to ensure there is adequate seating. Currently, I've reserved space in the Latrobe Room for 35 participants. Please send an email to john@combustibledust.com and I'll reply promptly. Thank you.

Sponsors
Pyroban-Explosion Proof (EX)ForkLifts
Dantherm Filtration, Inc-Dust Extraction
Nilfisk CFM- Explosion Proof Vacuums
Ashburn Hill Corp.-Flame Resistant Clothing
Fauske Associates, LLC -Combustible Dust Testing

Resources
Federal Register Notice-OSHA ComDust ANPRM Stakeholder Meeting
Registration-ANPRM Stakeholder Meeting
OSHA Combustible Dust; Proposed Rule
Google Map Stakeholders Meetings-Washington, D.C.

Grain Elevator Dryer Explosion (Dust Explosion)

a small explosion came from a grain dryer near the elevator around 8:45 a.m. - two employees nearby were hurt in the blast, one was working on a platform on the grain dryer at the time of the explosion - one worker was taken to a hospital and the other flown by air ambulance to a hospital - no other details at this time.

Bryan

Sensible solution for the Combustible Dust standard...that creates private sector jobs and provides FREE training for companies impacted by the std

Two paths to choose from:
1) add CD as a PSM covered chemcial without a threshold assigned to it. Why can we not establish a threshold? Unlike other PSM chemicals, CD is a hazard when it is OUTSIDE of the process and allowed to accumulate over time. This is unique to CD and if we set a threshold of even 100 pounds, then those who do not exceed this would be exempt. However, they process say 50 pounds of dust a year (VERY LOW) and over 10 years do you think they may have enough dust on the ledges and hidden drop ceilings to cause an explosion. So my take is no threshold. The PSM standard is a great standard and lays out the frame work of a management system for companies to follow.

The second path would be to mirror the frame work from the PRCS standard where the employer "conducts an evaluation" to determine the applicability of the standard. This path may be troublesome based on a recent OSHRC decision that vacated some OSHA citations where an employer did an evaluation without even visiting the spaces and no documentation. OSHRC stated that 1910.146 does not qualify who and how the eval is to be done and if a company says they did one, then OSHA can not cite them for determining a PRCS is not one and killing a worker.

EDUCATION is the key! With that said, we already have a GREAT frame work in place to educate businesses, safety professionals, engineers, and workers. OSHA's outreach training program could be revamped (since they are making major changes already due to issues with the program) to include a SPECIAL Combustible Dust course. Using the Susan Howard Training grants in 2010, OSHA develops a national training program, trains the trainers just like the OSHA 500/501 courses, and then uses the grant money to provide FREE training for businesses and professionals. If you are the one that will be doing a CD hazard evaluation, you MUST have completed the OSHA 30-hr CD course, which you can get for FREE. Each area office or regional office would select a reputable firm in their area as the FREE outreach instructors and that company would have to offer at least 12 courses for the next 12 months. These courses are FREE and the training company would be paid by OSHA and the company would use the OSHA training program. The training could be attended by consultants and company safety professionals alike. But any one doing a CD eval MUST have completed the 30-hour course. You would also become a SGE as we see used in VPP Assessment and could be a resource for OSHA to help out with CD inspections. Companies would have a choice...sign up for an SGE to do an inspection of your facility voluntarily or wait for OSHA to show up with a team using the CD CPL. We keep hearing that companies need help and this would provide OSHA with a set of eyes in the field looking specifically at this hazard as well as provide non-OSHA personnel as a resource to any businesses who want some help with their CD hazards. The SGE would almost be like the "consulting" side of OSHA where they make recommendations but have no enforcement role.

Even if we do not do the SGE, I think OSHA (if they are serious about this) should use the 2010 Susan Howard Grant money to focus solely on CD Hazard training. OSHA develops a OSHA 502 course for CD training. Anyone who attends the course becomes a certified OSHA CD Outreach training. Then OSHA uses the grant money to pay these instructors to conduct these outreach courses. The 10 hour is just a CD awareness course and the 30-hour certifies you to be able to conduct a CD hazard evaluation. The grant money is used to pay for the course and course materials so there is NO deterrent to companies sending their employees. It helps small businesses on both side of the standard: 1) those who have CD at their business can get free training and resources that OSHA has trained using OSHA materials and 2) it helps small private consulting firm by them doing the training over a one year period.

Forklift Operations in Potentially Explosive Atmospeheres

I'd like to share this post that was authored by Robert Zuiderveld, General Manager at Pyroban Corp in the ComDust discussion group.

The recent Forkliftaction.com article by contributing editor Tom Andel,"Keeping forklifts out of explosive situations," clearly illustrates that the majority of stakeholders do not understand the complexities involved in or consequences resulting from operating non- compliant powered industrial equipment in potentially explosion hazardous areas. Even though I appreciate the attention the article is putting on the issues at hand I am concerned with some in the information and statements published in the article.

CAL-OSHA
According to the OSHA IMIS citation and violation data, CAL-OSHA has not written a single OSHA 1910.178. C01 or C02 citation between Jan 1, 2003 and the present. Yet according to the NFIRS data approximately 432 fires were started by powered industrial equipment in California between 2003 and 2007.

As a matter of fact OSHA regions 9 and 10 (entire West Coast region) experienced approximately 600 and 742 fires respectively (according to the NFIRS), while only one (1) OSHA 1910.178. C01 citation was written (Nevada in 2003) between Jan 1, 2003 and the present in both regions.

I can only wonder why CAL-OSHA publishes an article about equipment fire and explosion safety while they appear to have completely ignored enforcement of the issue for at least 6 years?

Lack of Ex Hazard Awareness
I also have to question these statements:

“The problem is it’s not easy or cheap to find replacements,” he says. “For example, an electric forklift designed for heavy use in an outdoor location is not easy to come by. A number of my clients are concerned because they’ve been cited for having unapproved forklifts in their outdoor locations. We’re not sure what the fix is but we know it will be pretty expensive. You can’t use gasoline fired engines because of the various ignition sources. Now they’re coming after diesel.”

Availability of equipment:
The industry offers EX solution for diesel and electric powered trucks which are compliant with ATEX codes and regulation and can and may be safely operated in US facilities handling flammable materials. They are pretty easy to find for anybody with access to a computer, the Internet and the ability to type in “explosion proof forklift truck” in a Google, Yahoo or Bing search engine.

Cost of the equipment:
Yes, explosion protected equipment is more expensive than conventional equipment types. However when you compare their price to the cost involved in injuries, fatalities or adverse economic effects after an fire or explosions incident, there really is not that much money difference. Besides that it appears that litigious nature of society is eager to put a price on a human life, so I would like to challenge anyone to come up with putting a cost on a human life which lower than the cost of an EX forklift truck.

Equipment approvals:
It is true that UL approved EX diesel equipment is hard to find, for that matter none existent. This is due to the fact that UL never develop HAZLOC codes, regulations, construction specification or testing procedures for IC powered industrial equipment used in explosion hazardous areas.

ATEX ATmosphères EXplosibles
OSHA however has not objected to the use of ATEX compliant conversion in explosion hazardous areas in US as long as it passes a hazardous equivalency test and evidence of certification can be provided. OSHA has not cited companies using internationally certified EX equipment because of two little know OSHA enforcement facts:

1. OSHA has the “burden of proof” that equipment is unsafe
2. OSHA will allow the use of international certified equipment if not US certified alternative exists

ATEX certified solutions are available to industry and they meet both criteria, especially when it comes to diesel powered explosion proof equipment.

OSHA Powered Industrial Trucks
And these equipment type suitability/approval claims:

“OSHA’s diesel designations include DS (with safeguards to the exhaust, fuel and electrical systems) and DY (with all the safeguards of DS units plus temperature limitation features). The only forklifts approved for Division 1 hazardous locations are electric-powered, designated EX (with safeguards for use in atmospheres containing flammable vapors or dusts). DS, DY, EE (enclosed electrical equipment) and EX are approved for Division 2.”

Crucial Mistake
Unfortunately OSHA is making a commonly made crucial mistake by implying the suitability of UL approved DS, DY and EE equipment types for use in explosion hazardous areas. UL does not test, certify or approve the use of these equipment types for use in explosion hazardous areas. If equipment is tested and certified for hazardous areas, the appropriate hazardous area classification will be shown on the ID tag of the equipment. If contact your equipment OEM or UL for a written statement of the hazardous area suitability of the of DS, DY and EE type you will be able to quickly verify this info.

Authority Having Jurisdiction:
Keep in mind Lawyers are not listed in the NEC/NFPA standards as an Authority Having Jurisdiction (AHJ) and their technical judgment of equipment suitability or code interpretation is completely irrelevant.

More interesting to the law factor is the actual US product law:

S.3014
To amend title 18 of the United States Code to penalize the knowing and reckless introduction of a defective product into interstate commerce. IN THE SENATE OF THE UNITED STATES

September 7, 2000
Mr. SPECTER introduced the following bill; which was read twice and referred to the Committee on the Judiciary.

A BILL To amend title 18 of the United States Code to penalize the knowing and reckless introduction of a defective product into interstate commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

SECTION 1. DEFINITIONS.
(a) A 'defective' product is one with a flaw in design, manufacture, assembly, or instruction which renders the product dangerous to human life and limb beyond the reasonable and accepted risk associated with such or similar products lacking such a flaw.

(b) To 'introduce' a product into the stream of interstate commerce is to manufacture, assemble, import, sell, or otherwise produce or transfer the product in question.

(c) 'Person' means the employees of any corporation, company, association, firm,
partnership, or other business entity.

(d) 'Serious bodily injury' means bodily injury which involves--
(1) a substantial risk of death;
(2) extreme physical pain; or
(3) protected or impairment of the function of a bodily member, organ, or mental faculty.

SEC. 2. ENACTMENTS.
(a) A person who in gross deviation from a reasonable standard of care introduces into interstate commerce a product known by that person to be defective which causes the death of any individual shall be guilty of murder in the second degree and shall be imprisoned for a term of up to fifteen years.

(b) A person who in gross deviation from a reasonable standard of care introduces into interstate commerce a defective product which causes serious bodily injury to any individual shall be imprisoned for a term of up to 5 years.

Post By: Robert Zuiderveld

Resources:

OSHA Powered industrial trucks. - 1910.178

NFPA 505: Fire Safety Standard for Powered Industrial Trucks

Contact Info
Robert Zuiderveld-General Manager at Pyroban Corp.

T: +1-973-748-0760
F: +1-973-842-0508
E: salesusa@pyroban.com

OSHA Underground No More

Many visitors here on the ComDust site, have also have visited the OSHA Underground site where a diverse spectrum of health and safety information could be found. Unfortunately the OSHA Underground site was removed a few days ago and visitors will no longer be able to read the helpful information that Kane and contributing authors provided concerning workplace health and safety issues.

As a contributing author, I was much at loss as others into what happened. Especially with all the great content, now vanished at the click of a mouse, that Kane and others provided through comments and posts. To a large extent the ability to write and post content on OSHA Underground as a contributing author enabled me to continue successfully in my combustible dust research project. On many a occasions, Kane and numerous visitors on the site always provided welcome encouragement to continue, which provided the much needed extra boost following hundreds of hours of researching combustible dust incidents.

Recently Abel, the owner of OSHA Aboveground site, obtained an e-mail from Google, the owners of Blogger. I'd like to share with others the content of the email:

Hello,
Google has received a subpoena for information related to anonymous comments posted on your blog. The case is entitled Secretary of Labor v. Wal-Mart Stores, Inc., United States Occupational Safety and Health Review Commission, Case number SDT-9-0181.

To comply with the law, unless you or an anonymous commenter provide us with a copy of a motion to quash the subpoena (or other formal objection filed in court) via email at legal-support@google.com by 5pm Pacific Time on November 26, 2009, Google will assume you do not have an objection to production of the requested information and may provide responsive documents on this date.

For more information about the subpoena, you may wish to contact the party seeking this information at:

Michael D. Billok
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, NW, Suite 300
Washington, DC 20036
(202)887-3500

So that's it. I called Mr. Billok, the attorney representing Wal-Mart and he could not legally provide any additional information that wasn't already in the above letter. It appears that the OSHA Underground site was voluntarily removed by Kane, the owner of the site.

This is a bittersweet ending to the recent award that LexisNexis bestowed on the OSHA Underground as one of the Top 25 Blogs for 2009. I was honored to be one of the four contributing authors in addition to Kane that wrote on subjects concerning workplace issues, which potentially had an impact amongst the readers.

Since the site is down and I can't express my feelings there, so here on the ComDust site I'd like to extend my sincere thanks to all the OSHA Underground readers for your support with your diverse comments that made the site so special as a unique outlet in discussing workplace health and safety issues. Like a friend that you grew up together with in the old neighborhood, all that is left is good memories from those days gone by.