Combustible Dust Explosion And Fire Prevention Act Of 2008
I thank the ranking member and I thank the chairman of the committee, and my colleagues, Mr. Barrow and Ms. Woolsey, for their work on this. While I support many of the points of the ranking member, I believe that this bill is a step in…
I thank the ranking member and I thank the chairman of the committee, and my colleagues, Mr. Barrow and Ms. Woolsey, for their work on this. While I support many of the points of the ranking member, I believe that this bill is a step in the right direction and something that we are just going to have to push OSHA on.
The Imperial Sugar explosion, of course, was a very tragic accident, of which Mr. Barrow and I were involved in it. I actually was there the night that it happened and he and I went there for several days afterwards to look at the damage. I met with many of the families. It's a very sad thing. Sometimes in a situation like that it's hard to be objective in terms of what to support and what not to support, or what to change, especially since we don't know the exact cause of the accident; if any of the existing standards, for example, were violated, if a new standard would have prevented it, or if this is going to boil down to housekeeping, in which there would already be a violation and something a new standard or an old standard cannot address because the employer did not do what the employer is supposed to do, which would be to keep the workplace clean.
I share the goal of comprehensive worker safety, but sometimes the history of legislating it shows that if we move too quickly, then you might not get the goal that you want to do. Throughout its history, OSHA standards set in process has been governed by the Administrative Procedures Act. This generally requires a Federal agency to develop and draft proposed regulations, issue proposed rules and regulations in a transparent process that allows for comment and input from the stakeholders and incorporate any appropriate stakeholders' comments in the publication of the final rule.
The bill was improved greatly with the Woolsey substitute. That substitute moved more of the capital and equipment-intensive mandates to the final rule rather than the interim rule, including engineering, administration, workplace practices. It also moved the reference to the NFPA, the National Fire Protection Act, from the interim to the final rule, and making the language more flexible. Those were very good improvements. Lastly, it required that the 18-month final rule be made under the normal rule making process.
Now I understand that the chairman may offer further improvements during the floor debate tonight that may include making engineering controls required under the interim standard effective 6 months after the issuance of the interim rather than 30 days under the base bill in clarifying that the standard must be promulgated in accordance with normal OSHA rulemaking procedure including that that provides for the review of small businesses.
I think that that might a good step because the more input you get from the business community, the labor community, and the users, I think the better. That's why I offered an amendment that would have said that we should consider if there will be any job loss because of these rules or because of the interim rules. I was very disappointed that the Rules Committee did not allow my amendment to be considered on the floor because I think it would have been very helpful and something that certainly would have given bipartisan support to it.
One thing I also want to point out, OSHA can actually make rules themselves. The Assistant Secretary, Mr. Foulke, has stated, ``We have not ruled out the possibility of doing rulemaking, and that is an option for us still. But we are just trying to collect the data through the National Emphasis Program where we look at sites and determine do our standards actually cover what we need to cover? Or are there some holes in the coverage that we may need to address, and would a comprehensive standard address that.''
So we need to remember that if this bill gets bogged down somewhere along the line, that OSHA itself probably will come out with some sort of rule modification which could be helpful.
We have talked about the grain standard being a good standard.
The leadership of the committee has said that the grain standard works fairly well. But I want to point out that this took 7 years, so maybe the reason the grain standard is working so well is that it took a long time and lots of input to pass. I would hope that we could take the lessons of the grain standard and not have to wait anywhere near 7 years, but say, hey, that will has already been invented. Let's apply what we found on the grain standard to this. I am hoping that the chairman's amendment addresses some of those things, but I am also confident that the Senate is going to do it as well.
Let me close by saying I believe under these circumstances that the committee has done a good job. I think there has been some solid input from the minority, and the majority has been listening. I do plan to support the bill, but I do think we have a lot more that we could do to improve it.