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    Combustible Dust

October 20, 2009

UFCW Statement on OSHA Rulemaking on Combustile Dust

Rulemaking Important First Step in Explosion Prevention

The United Food and Commercial Workers International Union (UFCW), a union representing more than 1.3 million workers across North America, applauds the Occupational Safety and Health Administration’s (OSHA) issuance of an Advance Notice of Public Rulemaking for combustible dust hazards in the workplace.

“This notice is an important first step on the way to a permanent rule to ensure the safety of millions of American workers,” said Jackie Nowell, Director of the UFCW’s Occupational Safety and Health Office. “More than 900 workers have been killed or injured since 1980 because of combustible dust accidents. These are avoidable tragedies that must be stopped.”

The UFCW also urges OSHA to work quickly to issue a tough rule that will protect workers.

“We can’t wait any longer,” said Nowell, “the time for a tough, comprehensive rule on combustible dust is now. We hope that employers, unions, and OSHA can work together to make this badly needed protection a reality.”

On February 19, 2008, immediately following the Imperial Sugar explosion in Port Wentworth, Ga. that killed 14 workers, the UFCW and  International Brotherhood of Teamsters petitioned the Occupational Safety and Health Administration to immediately issue an Emergency Temporary Standard (ETS) for combustible dust in general industry noting that “workers who are employed in facilities where uncontrolled combustible dust emissions are present face ‘grave danger’ of experiencing fatalities or serious injuries as a result of dust explosions and resultant fires.”

This Advance Notice is the first step toward rulemaking since that time.

The UFCW represents 1.3 million workers in North America, with nearly 1 million working in grocery stores and 250,000 working in the meatpacking and other food processing industries.

July 28, 2008

UFCW Calls on OSHA to Issue a Combustile Dust Standard

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.

The United Food and Commercial Workers International Union (UFCW) represents more than 1.3 million workers, primarily in the retail and meatpacking, food processing and poultry industries. The UFCW protects the rights of workers and strengthens America’s middle class by fighting for health care reform, immigration reform, living wages, retirement security, safe working conditions and the right to unionize so that working men and women and their families can realize the American Dream. For more information about the UFCW’s effort to protect workers’ rights and strengthen America’s middle class, visit www.ufcw.org.