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Apr 28, 2008

Summary and Text of Amendments for H.R. 5522 - Combustible Dust Explosion and Fire Prevention Act of 2008

Summary of Amendments Submitted to the Rules Committee for

H.R. 5522 - Combustible Dust Explosion and Fire Prevention Act of 2008

Listed in Alphabetical Order

April 29, 2008 5:00 PM

*select the name of the amendment sponsor to retrieve amendment text in .pdf format


Chabot (OH)


The amendment requires the Secretary of Labor to complete initial and final regulatory flexibility analyses when promulgating a final combustible dust standard.

Chabot (OH)


The amendment prohibits the Secretary of Labor from penalizing small businesses of fewer than 100 full-time employees for failure to comply with the hazard communication standard until a final combustible dust standard is promulgated.

Chabot (OH)


The amendment exempts certain small businesses from compliance with the interim standard. The interim standard would not apply to any employer with fewer than 10 full-time employees, or any employer with fewer than 100 full-time employees, if such employer certifies to the Secretary of Labor that the employer has adopted and implemented the voluntary standards published by the National Fire Protection Association for combustible dust.

Jackson-Lee (TX)


(WITHDRAWN) This amendment directs each employer to whom the standard shall apply to file an initial certification of compliance with Secretary of Labor containing information that the Secretary may require. The amendment also requires the Secretary, to the extent practicable, to conduct inspections to ensure compliance with the requirements of the standard promulgated by the agency.

Kingston (GA)


(REVISED) The amendment requires the Secretary of Labor to conduct a study of the economic impact of the standards under the Act and report back to Congress no later than 3 months after the legislation is enacted. The report must specifically include an analysis and number of any non-Federal job losses that are associated with the standards.

Miller, George (CA)


The Manager’s Amendment makes four adjustments to the bill:  (1) corrects the short title; (2) provides that engineering controls required by the interim standard shall be effective 6 months after issuance of the standard (rather than 30 days); (3) maintains the provision that DOL shall include appropriate and relevant NFPA standards in the final standard but eliminates references to specific NFPA standards; and (4) clarifies that the final standard shall be conducted in accordance with usual rulemaking procedural requirements, including those that provide for small business review.

Wilson, Joe (SC)


Amendment in the Nature of a Substitute.  The substitute amendment directs OSHA to wait for the outcome of the Imperial Sugar investigation and findings from the combustible dust National Emphasis Program before deciding on whether to move forward with a standard.