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Combustible Dust Regulations, Codes, and Resources by State

October 25, 2017

In a previous article, we looked at the differences between federal and state-level regulations concerning workplace health and safety. Now, we’ll turn to a topic that’s near and dear to our hearts: combustible dust.

The state-level regulations surrounding combustible dust are complex! Most states start with the same basic foundation — e.g., codes and standards developed by OSHA, the National Fire Protection Association (NFPA), and the International Code Council (ICC). But then they each put their own twist on the rules, for example, by adopting different editions of the codes, or sometimes only parts of a code, and making modifications. And, in some states, building and fire codes are established and enforced at the local level.

If you operate a facility, you must comply with all of the applicable regulations in your area. To help you better understand these regulations (or at least find contact info for the people in the know), we’ve compiled a list of state-level resources, which you’ll find below. These resources include specific guidance on combustible dust when available, as well as links to state OSHA offices, labor departments and safety programs, building commission and fire marshal websites, and more.

Our goal is to maintain a comprehensive list of state regulations and resources related to combustible dust, so if you know of a code that has been updated or a resource that would be helpful here, please tell us. The more knowledge is out there about this hazard, the safer we all are.

General Resources

 

Alabama Hawaii Massachusetts New Mexico South Dakota
Alaska Idaho Michigan New York Tennessee
Arizona Illinois Minnesota North Carolina Texas
Arkansas Indiana Mississippi North Dakota Utah
California Iowa Missouri Ohio Vermont
Colorado Kansas Montana Oklahoma Virginia
Connecticut Kentucky Nebraska Oregon Washington
Delaware Louisiana Nevada Pennsylvania West Virginia
Florida Maine New Hampshire Rhode Island Wisconsin
Georgia Maryland New Jersey South Carolina Wyoming

 

Alabama flag

Alabama

Alabama operates under federal OSHA. Its building and fire regulations are based on multiple versions of ICC codes.

 

Alaska flagAlaska

Alaska has an OSHA-approved state plan. Earlier in 2017, the Alaska Administrative Code was amended to the 2012 International Building, Fire, and Mechanical Codes.

 

Arizona flagArizona

Arizona has an OSHA-approved state plan. Arizona has adopted federal OSHA’s Combustible Dust National Emphasis Program, and it’s part of OSHA Region IX, which was placed under a local emphasis program for combustible dust in 2015. Building and fire codes are enforced at the local level.

 

Arkansas flagArkansas

Alabama operates under federal OSHA. Its fire prevention code is based on the 2012 International Building and Fire Codes.

 

California flagCalifornia

California has one of the country’s most stringent OSHA-approved state plans. Title 8, Section 5174 outlines the regulations for controlling combustible dust. According to this standard, the preferred method of cleaning is with a permanently installed grounded vacuum cleaning system. California is part of OSHA Region IX, which was placed under a local emphasis program for combustible dust in 2015.

 

Colorado flagColorado

Colorado operates under federal OSHA. Its Building Code Compliance Policy was updated in July 2017 and includes many of the most recent ICC codes as well as NFPA codes.

 

Connecticut flagConnecticut

Connecticut’s OSHA-approved state plan is identical to federal OSHA. In a reversal of the trend in most states, Connecticut’s most recent safety code removes several provisions related to combustible dust and housekeeping.

 

Delaware flagDelaware

Delaware operates under federal OSHA. The state doesn’t have any specific combustible dust regulations, but it does provide some resources about the hazard.

 

Florida flagFlorida

Florida operates under federal OSHA. The state fire code is based on NFPA 1: Fire Code.

 

Georgia flagGeorgia

Georgia operates under federal OSHA but has a state combustible dust regulation, issued by the Office of Insurance and Safety Fire Commissioner. Under the law, all facilities that manufacture, process, or handle combustible dust must register with the Fire Commissioner and adhere to other safety measures. The same goes for a facility in any industry that has manufacturing processes that create combustible dust.

 

Hawaii flagHawaii

Hawaii has an OSHA-approved state plan. Hawaii has adopted federal OSHA’s Combustible Dust National Emphasis Program, and it’s part of OSHA Region IX, which was placed under a local emphasis program for combustible dust in 2015.

 

Idaho flagIdaho

Idaho operates under federal OSHA. Its fire code is based on the 2012 International Fire Code.

 

Illinois flagIllinois

Illinois operates under federal OSHA. The state fire code is based on the 2000 edition of the NFPA 101 Life Safety Code.

 

Indiana flagIndiana

Indiana’s OSHA-approved state plan is identical to federal OSHA. Though the state doesn’t have a specific combustible dust regulation, it does provide some guidelines for facilities that handle combustible dust.

 

Iowa flagIowa

Iowa has an OSHA-approved state plan. Iowa has adopted federal OSHA’s Combustible Dust National Emphasis Program. The 2015 International Fire Code is applicable statewide.

 

Kansas flagKansas

Kansas operates under federal OSHA. Building codes are determined by local jurisdictions.

 

Kentucky flagKentucky

Kentucky has an OSHA-approved state plan. Its building code, adopted in April 2017, stipulates that all buildings that store or handle combustible dusts must comply with NFPA codes and the International Fire Code.

 

Louisiana flagLouisiana

Louisiana operates under federal OSHA. The state Uniform Construction Code includes the 2006 International Building Code and the 1999 National Electrical Code. The state fire marshal enforces the 2015 edition of the NFPA 101 Life Safety Code.

 

Maine flagMaine

Maine has an OSHA-approved state plan that covers state and local government employees. Otherwise, it operates under federal OSHA.

 

Maryland flagMaryland

Maryland has an OSHA-approved state plan. It considers combustible dust a high-emphasis hazard.

 

Massachusetts flagMassachusetts

Massachusetts operates under federal OSHA. Both the state building code and the state fire code have provisions related to combustible dust.

 

Michigan flagMichigan

Michigan has an OSHA-approved state plan. In 2009, Michigan signed an agreement with BS&B Pressure Safety Management to provide instructional programs for workers focused on combustible dust hazards.

 

Minnesota flagMinnesota

Minnesota has an OSHA-approved state plan. The state has a combustible dust directive, which is used to assist staff in administering the state OSHA plan. It’s not legally binding, but it does provide an indication of what inspectors will be looking for.

 

Mississippi flagMississippi

Mississippi operates under federal OSHA. Building codes are adopted at the county and local levels.

 

Missouri flagMissouri

Mississippi operates under federal OSHA. The state DOL provides several samples of safety programs and plans, including for fire prevention and hazard communication. Building codes are adopted at the county and local levels.

 

Montana flagMontana

Mississippi operates under federal OSHA. In 1993, the state enacted the Montana Safety Culture Act (MSCA) “to raise workplace safety to a preeminent position in the minds of all Montana’s workers and employers.” The state has adopted the 2012 editions of both the International Building Code and the International Fire Code.

 

Nebraska flagNebraska

Nebraska operates under federal OSHA. The state has adopted the 2012 edition of the International Building Code. The state fire code references NFPA 1 and NFPA 101.

 

Nevada flagNevada

Nevada has an OSHA-approved state plan that is almost identical to federal OSHA. Nevada is part of OSHA Region IX, which was placed under a local emphasis program for combustible dust in 2015. The state has adopted the 2012 editions of both the International Building Code and the International Fire Code.

 

New Hampshire flagNew Hampshire

New Hampshire operates under federal OSHA. The state was one of the first to make laws to protect workers, and they continue that commitment by providing myriad resources about workplace health and safety. The state has adopted the 2009 edition of the International Building Code. The state fire code references the Life Safety Code 2015 edition and the Uniform Fire Code NFPA 1, 2009 edition.

 

New Jersey flagNew Jersey

New Jersey has an OSHA-approved state plan. The state building subcode adopts the 2015 International Building Code and the 2006 International Fire Code.

 

New Mexico flagNew Mexico

New Mexico has an OSHA-approved state plan that’s identical to federal OSHA, with the addition of some state-specific standards including three related to hazard communication. The state has adopted the 2015 International Building Code and the 2003 International Fire Code. Some jurisdictions have additional code requirements.

 

New York flagNew York

New York has an OSHA-approved state plan that incorporates several state-initiated standards including its own regulation on recording and reporting occupational injuries and illnesses. New York State and New York City have both adopted the 2015 editions of the International Building Code and the International Fire Code.

 

North Carolina flagNorth Carolina

North Carolina has an OSHA-approved state plan, which specifies that combustible dust hazards may be cited using either 29 CFR 1910.22(a) – Housekeeping or N.C. General Statute 95-129(1), aka the General Duty Clause. The Department of Labor provides many resources about combustible dust, including videos and training courses. North Carolina updates its state codes every three years. The proposed 2018 NC codes are based on the 2015 International Codes.

 

North Dakota flagNorth Dakota

North Dakota operates under federal OSHA. The state offers online safety training and risk management solutions for a wide range of topics, including combustible dust. The state building code is based on the 2012 International Building Code.

 

Ohio flagOhio

Ohio operates under federal OSHA. The Ohio Administrative Code includes a section on combustible dust that references several NFPA standards and specifies vacuum cleaning as the preferred housekeeping method. The state has adopted the 2009 versions of the International Building Code and the International Fire Code.

 

Oklahoma flagOklahoma

Oklahoma operates under federal OSHA. The state has adopted, with modifications, the 2015 editions of the International Building Code and the International Fire Code.

 

Oregon flagOregon

Oregon has an OSHA-approved state plan that has many unique standards for general industry, construction, and agriculture. The state building and fire codes are based on the 2012 versions of the International Building Code and the International Fire Code.

 

Pennsylvania flagPennsylvania

Pennsylvania operates under federal OSHA. The state has adopted the 2009 versions of the International Building Code and the International Fire Code.

 

Rhode Island flagRhode Island

Rhode Island operates under federal OSHA. The state building code incorporates the 2012 International Building Code, and the state fire safety code references NFPA 1.

 

South Carolina flagSouth Carolina

South Carolina has an OSHA-approved state plan that is nearly identical to federal OSHA, with only a few state-specific standards. The state has adopted, with modifications, the 2015 versions of the International Building Code and the International Fire Code.

 

South Dakota flagSouth Dakota

South Dakota operates under federal OSHA. The state has approved the 2015 versions of the International Building Code and the International Fire Code for local adoption.

 

Tennessee flagTennessee

Tennessee has an OSHA-approved state plan nearly identical to federal OSHA, with the exception of a few unique standards for general industry. The state has adopted the 2012 versions of the International Building Code and the International Fire Code.

 

Texas flagTexas

Texas operates under federal OSHA. The state has adopted the 2006 versions of the International Building Code and the International Fire Code, but jurisdictions are authorized to adopt later versions.

 

Utah flagUtah

Utah has an OSHA-approved state plan with several unique standards, including one for combustible substances in the agriculture industry. The Utah Administrative Code contains some sections on dust collectors and ventilation for facilities that contain combustible dust. The Utah State Codes are based on the 2015 versions of the International Building Code and the International Fire Code.

 

Vermont flagVermont

Vermont has an OSHA-approved state plan that is nearly identical to federal OSHA. The Vermont Fire & Building Safety Code is based on the 2012 International Building Code, NFPA 101, and NFPA 1.

 

Virginia flagVirginia

Virginia has an OSHA-approved state plan that includes the majority of federal OSHA standards as well as a few unique ones. The Virginia Uniform Statewide Building Code incorporates much of the 2012 International Building Code. The fire code is enforced at the local level.

 

Washington flagWashington

Washington has an OSHA-approved state plan that contains many unique standards, several of which apply to combustible dust. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

 

West Virginia flagWest Virginia

West Virginia operates under federal OSHA. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

 

Wisconsin flagWisconsin

Wisconsin operates under federal OSHA. The Wisconsin Commercial Building Code includes the 2009 International Building Code. The state fire prevention code is the 2012 edition of NFPA 1.

 

Wyoming flagWyoming

Wyoming has an OSHA-approved state plan, which adopts federal OSHA standards identically and adds a few standards in areas where no federal standard exists. In Wyoming, building codes are voluntary. The state fire marshal has adopted the 2015 versions of the International Building Code and the International Fire Code.

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