H. Amdt. 1038 - Amendment Sought to Direct 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.

Combustible Dust Explosion and Fire Prevention Act of 2008

H.R. 5522 — 110^th Congress (2007–2008)

Summary

To require the Secretary of Labor to issue interim and final occupational safety and health standards regarding worker exposure to combustible dust, and for other purposes. (by CRS)

Learn More

At OpenCongress

Title

To require the Secretary of Labor to issue interim and final occupational safety and health standards regarding worker exposure to combustible dust, and for other purposes.

Other Titles

• Combustible Dust Explosion and Fire Prevention Act of 2008
• Combustible Dust Explosion and Fire Prevention Act of 2008
• Worker Protection Against Combustible Dust Explosions and Fires Act of 2008

Sponsor

George Miller

Co-Sponsors

• Timothy Bishop
• Dennis Kucinich
• Robert Scott
• Carolyn McCarthy
• John Tierney
• Raul Grijalva
• Yvette Clarke
• Anna Eshoo
• Jason Altmire
• Rush Holt
• Linda Sánchez
• Bruce Braley
• Dale Kildee
• David Wu
• Sanford Bishop
• Donald Payne
• Robert Andrews
• David Loebsack
• Joe Courtney
• Rosa DeLauro
• John Yarmuth
• Lynn Woolsey
• Steven Rothman
• Phil Hare
• Joe Sestak
• John Barrow
• Mazie Hirono
• Danny Davis
• John Sarbanes
• Susan Davis
• Carol Shea-Porter
• Rubén Hinojosa

Subjects

• Labor
• Accident prevention
• Administrative procedure
• Business
• Coal
• Department of Labor
• Drugs
• Dyes and dyeing
• Emergency management
• Energy
• Environmental protection
• Executive departments
• Explosions
• Explosives
• Fibers
• Fire prevention
• Flammable materials
• Fossil fuels
• Furniture industry
• Government information
• Government paperwork
• Hazardous substances
• Law
• Manufacturing industries
• Medical care
• Medicine
• Metals
• Occupational health and safety
• Packaging
• Pesticides
• Plastics
• Refuse and refuse disposal
• Risk
• Rubber
• Solid wastes
• Standards
• Sulphur
• Textile fabrics
• Waste products
• Wood

Related Bills

• H.Res. 1157 (110^th) : Providing for Consideration of the Bill (H.R. 5522) to Require the Secretary of Labor to Issue Interim and Final Occupational Safety and Health Standards Regarding Worker Exposure to Combustible Dust, and for Other Purposes.

Major Actions

Introduced	3/04/2008
Referred to Committee
Amendments (2 proposed)
Passed House	4/30/2008

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	Amendment 1 to H.R. 5522	4/30/2008	This amendment PASSED the House 412 voted YES 0 voted NO 24 voted present/not voting
currently selected	House	Amendment 2 to H.R. 5522	4/30/2008	This amendment DID NOT PASS the House 178 voted YES 237 voted NO 20 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 5522 Combustible Dust Explosion and Fire Prevention Act	4/30/2008	This motion DID NOT PASS the House 187 voted YES 225 voted NO 19 voted present/not voting
select this vote	House	On Passage - House - H.R. 5522 Combustible Dust Explosion and Fire Prevention Act	4/30/2008	This bill PASSED the House 247 voted YES 165 voted NO 19 voted present/not voting

	Action	Date	Description
	Introduced	3/04/2008
		3/04/2008	Referred to the House Committee on Education and Labor.
		3/12/2008	Committee Hearings Held.
		4/09/2008	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	4/09/2008	Ordered to be Reported (Amended) by Voice Vote.
		4/17/2008	Referred to the Subcommittee on Workforce Protections.
		4/22/2008	Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-601.
	Put on a legislative calendar	4/22/2008	Placed on the Union Calendar, Calendar No. 374.
		4/29/2008	Rules Committee Resolution H. Res. 1157 Reported to House. Rule provides for consideration of H.R. 5522 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
		4/30/2008	Rule H. Res. 1157 passed House.
		4/30/2008	Considered under the provisions of rule H. Res. 1157.
		4/30/2008	Rule provides for consideration of H.R. 5522 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
		4/30/2008	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1157 and Rule XVIII.
		4/30/2008	The Speaker designated the Honorable Donna M. Christensen to act as Chairwoman of the Committee.
		4/30/2008	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5522.
		4/30/2008	DEBATE - Pursuant to the provisions of H. Res. 1157, the Committee of the Whole proceeded with ten minutes of debate on the George Miller amendment.
		4/30/2008	Amendment (A001) offered by Mr. George Miller.
		4/30/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the George Miller amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/30/2008	DEBATE - Pursuant to the provisions of H. Res. 1157, the Committee of the Whole proceeded with ten minutes of debate on the Wilson (SC) amendment.
		4/30/2008	Amendment (A002) offered by Mr. Wilson (SC).
		4/30/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the Wilson (SC) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Wilson (SC) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/30/2008	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
		4/30/2008	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5522.
		4/30/2008	The previous question was ordered pursuant to the rule.
		4/30/2008	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
		4/30/2008	Mr. Walberg moved to recommit with instructions to Education and Labor.
		4/30/2008	DEBATE - The House proceeded with ten minutes of debate on the Walberg motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require an exemption for grain pending determination of impact on the prices.
		4/30/2008	The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5522.
select this vote	Vote	4/30/2008	Amendment 1 to H.R. 5522
currently selected	Vote	4/30/2008	Amendment 2 to H.R. 5522
select this vote	Vote	4/30/2008	On Motion to Recommit with Instructions: H.R. 5522 Combustible Dust Explosion and Fire Prevention Act
select this vote	House Vote on Passage	4/30/2008	On Passage - House - H.R. 5522 Combustible Dust Explosion and Fire Prevention Act
		5/01/2008	Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 1037	Miller, George [D-CA7]	April 30, 2008	Passed by roll call vote on April 30, 2008.
	Amendment made four adjustments to the bill: (1) corrected the short title; (2) provided that engineering controls required by the interim standard shall be effective 6 months after issuance of the standard (rather than 30 days); (3) maintained the provision that DOL shall include appropriate and relevant NFPA standards in the final standard but eliminates references to specific NFPA standards; and (4) clarified that the final standard shall be conducted in accordance with usual rulemaking procedural requirements, including those that provide for small business review. Show amendment details
currently selected	H. Amdt. 1038	Wilson, Addison [R-SC2]	April 30, 2008	Failed by roll call vote on April 30, 2008.
	Amendment sought to direct 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. Actions April 30, 2008, 4:23 pm ET - Amendment (A002) offered by Mr. Wilson (SC). April 30, 2008, 6:15 pm ET - Amendment 2 to H.R. 5522 Full Text of this Amendment The text of this amendment is not available.