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Combustible Dust |
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Standards |
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This page highlights OSHA standards, directives
(instructions for compliance officers), and national consensus standards related
to combustible dust.
OSHA
Section 5(a)(1) of the OSH Act, often referred to as the General Duty
Clause, requires employers to "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". Section
5(a)(2) requires employers to "comply with occupational safety and health
standards promulgated under this Act".
Note:
Twenty-four states, Puerto Rico and the Virgin Islands have
OSHA-approved State Plans and have adopted their own standards and
enforcement policies. For the most part, these States adopt standards
that are identical to Federal OSHA. However, some States have adopted
different standards applicable to this industry or may have different
enforcement policies. |
Highlighted Standards
General Industry (29
CFR 1910)
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1910 Subpart D, Walking-working surfaces [related
topic page]
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1910 Subpart E, Exit routes, emergency action plans, and fire prevention plans
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1910 Subpart G, Occupational health and environmental control
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1910 Subpart J, General environmental controls
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1910 Subpart L, Fire protection
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1910 Subpart N, Materials handling and storage
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1910 Subpart R, Special industries
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1910 Subpart S, Electrical [related
topic page]
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1910.307, Hazardous (classified) locations
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1910 Subpart Z, Toxic and hazardous substances [related
topic page]
Directives
National Consensus
Note: These are NOT OSHA regulations. However, they do
provide guidance from their originating organizations related to worker
protection.
National Fire Prevention Association (NFPA)
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Codes and Standards. National Fire Prevention Association (NFPA)
develops, publishes, and disseminates more than 300 consensus codes and
standards intended to minimize the possibility and effects of fire and other
risks. Virtually every building, process, service, design, and installation in
society today is affected by NFPA documents.
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61, Standard for the Prevention of Fires and Dust Explosions in
Agricultural and Food Processing Facilities
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484, Standard for Combustible Metals
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654, Standard for the Prevention of Fires and Dust Explosions from the
Manufacturing, Processing, and Handling of Combustible Particulate Solids
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655,
Standard for Prevention of Sulfur Fires and Explosions
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664, Standard for the Prevention of Fires and Explosions in Wood Processing
and Woodworking Facilities
Consensus Standards and the General Duty Clause
Using Consensus standards to support a 5(a)(1)
Citation:
A consensus standard can be used to show "industry
recognition" of a hazard. However, the hazard must be recognized in the
employers' industry, not an industry other than the employers' industry.
Section 5(a)(1):
- is not used to enforce "should" standards.
- is not used to required abatement methods not required by a specific
standard.
- is not normally used to cover categories of hazards exempted by an OSHA
standard.
Background
Section 5(a)(1):
- 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 employee;
- The general duty provisions can only be used where there is no standard
that applies to the particular hazard involved.
Evaluation of Potential 5(a)(1) situations:
- Employer failed to keep workplace free of hazards to which employees of
that employer were exposed.
- Must involve a serious hazard and employee exposure
- Does not specify a particular abatement method - only that the
employer keeps the workplace free of serious hazards by any feasible and
effective means.
- The hazard must be reasonably foreseeable.
- The hazard was recognized.
- Industry recognition
- Employer recognition
- Common-sense recognition
- The hazard caused or was likely to cause death or serious physical harm.
- Feasible means to correct the hazard were available.
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