How Did We Get Here?
The Occupational Safety and Health Administration (OSHA) initiated the Combustible Dust National Emphasis Program (NEP) in October 2007 after several combustible dust explosions and fires and reissued the NEP in 2008 after the sugar refinery explosion in Brunswick, Georgia. The NEP provides inspectors with a set of guidelines to follow when reviewing facilities handling combustible dust. As part of the 2008 NEP, each Area OSHA Office was expected to inspect at least 4 facilities handling the following combustible dusts:
- Metal, such as aluminum, magnesium and some forms of iron oxide;
- Wood dust;
- Coal and other carbon dusts, including carbon black;
- Plastic dust, phenolic resins, and additives;
- Rubber dust;
- Biosolids;
- Other organic dust, such as sugar, flour, paper, soap, and dried blood;
- Human food dust;
- Animal food dust; and
- Certain textile materials.
Over the last decade, this has resulted in many notices of violation and fines, most of which are based on the General Duty Clause (OSHA ACT 1970, Sec. 5), which states that:
“Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;”
OR OSHA utilizes the General Duty Clause in most enforcement actions, as there is no federal combustible dust standard or rule, so OR OSHA uses the fact that combustible dusts are a recognized hazard in a variety of industries as detailed in the history of combustible dust incidents and the National Fire Protection Association (NFPA) Standards on combustible dust. NFPA has published combustible dust standards for several industries, including metals, wood products, food and agricultural products, and sulfur, as well as general standards including NFPA 652: Standard on the Fundamentals of Combustible Dust.
While it is unlikely for a combustible dust standard to be proposed or published by OSHA in the near future, the administration did publish an advance notice of proposed rulemaking for combustible dust in October 2009.
Key Changes:
The
combustible dust NEP was recently revised by OR OSHA on May 20, 2024, based on enforcement history and combustible dust incident reports. According to US OSHA, wood and forest products accounted for 70% of materials in combustible dust explosions and fires in 2018, with the majority of incidents occurring at wood processing, agricultural and food production, and lumber production facilities.
The revised NEP includes six NAICS categories in the NEP these include:
- 311812 – Commercial bakeries
- 325910 – Printing ink manufacturing
- 321912 – Cut stock, resawing lumber, and planning
- 316110 – Leather and hide tanning and finishing
- 321214 – Truss manufacturing
- 424510 – Grain and field bean merchant wholesalers
Why It Matters:
OR OSHA utilizes the NEP, complaints, and other factors when selecting facilities for inspections; therefore, facilities handling combustible dusts included in the original NEP and those with activities included in the newly included NAICS categories are more likely to be inspected by OR OSHA specifically for combustible dust hazard compliance.
With the increased risk of inspections, facilities handling combustible dusts should consider completing a combustible dust hazard analysis (DHA). A DHA is required by NPFA 652 and/or NFPA 61: Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities and are used to identify the specific processes or areas where combustible dust flash fires and explosions are likely to occur and preventative measures that can be utilized to reduce or mitigate those hazards.
