Madam Chairman, I have an amendment made in order under the rule. Madam Chairman, I yield myself such time as I may consume. While I share the majority's commitment to ensuring workplace safety, I believe the underlying bill fails to…
Madam Chairman, I have an amendment made in order under the rule.
Madam Chairman, I yield myself such time as I may consume.
While I share the majority's commitment to ensuring workplace safety, I believe the underlying bill fails to provide for the most effective means to ensure that safety.
Currently, there are several initiatives concerning dust under way at the Occupational Safety and Health Administration, OSHA. Since October, the agency has implemented a combustible dust National Emphasis Program. This agency has sent high hazard alert letters to over 30,000 businesses emphasizing the need to prevent dust from accumulating.
Most importantly, OSHA is in the midst of the investigation of the February disaster at the Imperial Sugar refinery. The Imperial Sugar refinery in Georgia is located in a community adjacent to the Second Congressional District of South Carolina, which I have the honor to represent.
Instead of undermining the progress of existing combustible dust safety efforts, this substitute requires the Department of Labor to gather all necessary information about the Imperial refinery explosion specifically, as well as the broader dust hazard being examined through the National Emphasis Program. Once that information has been gathered and analyzed, the Secretary of Labor will be able to determine whether and what type of combustible dust standard is necessary.
Should the Secretary determine that existing safety requirements can effectively protect against the combustible dust hazard, the Secretary will be required to report to Congress as to why no new regulatory framework is necessary. But if the National Emphasis Program and the results of the Imperial refinery investigation show that additional guidance and regulation are needed, this substitute requires OSHA to complete a rigorous regulatory process that includes all relevant stakeholders within a fixed time frame.
Our amendment will allow for the regulation to be completed expeditiously and thoroughly without circumventing the Occupational Safety and Health Act, the Regulatory Flexibility Act, the Administrative Procedures Act and other laws and regulations that ensure effective Federal regulations.
We have heard concerns from OSHA that the underlying bill will be difficult to comply with and difficult to enforce. This leaves workers at risk. I have trust in my constituent, Monty Felix of Sandy Run, South Carolina, who is the National President of the American Composites Manufacturers Association, to promote safety. We need the expertise of successful manufacturers.
Our goal today should be to move forward with the most effective strategy to ensure a safe workplace. I believe this substitute achieves that goal, and I urge my colleagues to vote in favor of this substitute.
I yield at this time to the ranking member from California (Mr. McKeon).
I reserve the balance of my time.
Madam Chairman, I submit for the Record a letter dated April 29, 2008, from the OSHA Fairness Coalition, which is two dozen industry associations, relative to this issue.
OSHA Fairness Coalition,
April 29, 2008.
Madam Chairman, indeed, I would like to commend Chairman Miller and Congressman Barrow. I know that the intent is very positive to address a terrible tragedy that occurred in February at Port Wentworth with the Imperial refinery explosion.
I do want to point out that it has been stated that we do not have sufficient regulations relative to combustible dust, but that there are 17 standards addressing combustible dust which do apply, and would submit these for the Record.
Appendix A. Standards Addressing Combustible Dust
1910.272 Grain Handling.
1910.94 Ventilation Standard.
1910.22 Housekeeping.
1910.176 Housekeeping violations in storage areas.
1910.269 Housekeeping violations at coal-handling
operations.
1910.132 Personal Protective Equipment (PPE).
1910.119 Process Safety Management.
1910.307(b) Electrical Violations
1910.178 Powered Industrial Trucks.
1910.252 Welding, cutting, and brazing.
1910.145 Warning Sign.
1910.1200 Hazard communication violations.
Subpart E--Means of Egress 1910.33-37
1910-156-157 Fire protection violations.
F1910.263 Bakery equipment violations.
1910. 265 Sawmill violations.
1928 Agriculture. The only provisions discussed in this
NEP which may be cited in connection with agricultural
operations are the hazard communication standard (see 29 CFR
1928.21) and the general duty clause. Industries in SIC 0723,
Crop Preparation Services for Market, Except Cotton Ginning,
listed in Appendix D, are engaged in agricultural operations.
Additionally, it has been stated that combustible dust maybe doesn't apply to some of the associations that are referenced in the letter that I previously handed in. I would like to point out that in fact it may appear that way, but just a few minutes ago I just met with members of the National Association of Home Builders. I am still a dues-paying member of the Greater Columbia Home Builders Association. And as we were discussing this bill with members who were visiting in my office, they expressed concern that they felt like that this could be negative toward the home building industry. So, indeed, it doesn't appear sometimes that things apply, but they do even where you wouldn't expect it.
I reserve the balance of my time.
I would like to introduce appendix D, which are industries which may have combustible dust. And, indeed, Chairman Miller and myself are learning that there is a broad array of industries, dozens of them, that could be impacted by combustible dust and I believe that we are actually helping by bringing this to the attention of the American people.
Madam Chairman, I do urge my colleagues to support the amendment. The amendment is really, I believe, quite simple. It provides for a sequence of investigation, development of regulations, and promoting safety in the workplace.
I urge a positive vote on the amendment this evening.
I yield back the balance of my time.
Madam Chairman, I demand a recorded vote.