The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a series of stakeholder meetings intended to address the “views, concerns, and issues surrounding the hazards of combustible dust,” which may be formed in workplaces that include agricultural and grain-handling industries, and factories that manufacture food, animal food, pesticides, and pharmaceuticals. With the first meeting slated for December 14, 2009, and additional meetings planned for early 2010, OSHA is soliciting feedback on (i) possible regulatory approaches to handling the hazards of combustible dust; (ii) the scope of any rulemaking; (iii) the organization of a prospective standard; (iv) the role of consensus standards; and (v) consequent economic impacts.

The agency recently published an advance notice of proposed rulemaking that requested comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, “Materials that may form combustible dust include, but are not limited to, wood, coal, plastics, biosolids, candy, sugar, spice, starch, flour, feed, grain, fertilizer, tobacco, paper, soap, rubber, drugs, dried blood, dyes, certain textiles, and metals (such as aluminum and magnesium).” See Federal Register, November 10, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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