July 29, 2008
Washington, D.C. – OSHA’s proposed fines of $8.7 million for violations at the Imperial Sugar plant near Savannah, Georgia, where an explosion killed 13 workers in February, and at another plant in Gramercy, Louisiana, magnify the gaps in current OSHA enforcement standards with regard to combustible dust, including a reliance on “general duty” citations and a patchwork of other standards which are limited in scope and do not address such critical considerations as design, maintenance, hazard review and explosion protection. This action also underscores OSHA’s reluctance to follow the recommendations of the U.S. Chemical Safety Board (CSB) that may have prevented the tragedy in Georgia and other combustible dust explosions.
The fines also expose OSHA’s inability to monitor the actions of big businesses such as Imperial Sugar. The explosion in Georgia took place on February 7; however, OSHA inspectors found that the company had not taken immediate steps to mitigate another potential disaster when they inspected the plant in Louisiana a month later.
Earlier this year, the UFCW and the Teamsters called on OSHA to issue an emergency standard on combustible dust, and filed a petition with the U.S. Department of Labor demanding that OSHA follow the 2006 recommendations of the CSB, an independent federal agency charged with investigating industrial chemical accidents.
In 2006, the CSB recommended that OSHA issue a rule that would have reduced the possibility of combustible dust explosions. That year, the CSB conducted a major study of combustible dust hazards, and noted that a quarter of the explosions that occureed between 1980 and 2005 that were identified, occurred at food industry facilities, including sugar refineries. In only one or two investigations were these incidents caused by mechanical mysteries that were either unforeseen or unpredicted.
Standards and codes have existed for years for OSHA to build upon and eliminate this type of explosion. In 1987, OSHA issued the Grain Handling Facilities Standard as the result of grain dust explosions in the late 1970s and early 1980s. This standard has effectively reduced the number and severity of combustible grain dust explosions in the grain handling industry, but stopped short of regulating combustible dust in industries outside of the grain industry.
The UFCW applauds the U.S. House of Representatives for passing legislation to force OSHA to set a combustible dust standard, and urges President Bush to reconsider his veto threat. OSHA must act now and follow the recommendations of the CSB before more workers are killed or horribly injured.