1218-AB76 201704 Unified Agenda of Federal Regulatory and Deregulatory Actions 1218 Occupational Safety and Health Administration OSHA 1200 Department of Labor DOL Occupational Exposure to Beryllium

In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard for permissible exposure limit (PEL) to beryllium by the United Steel Workers (formerly the Paper Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium, including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected worksites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA convened a Small Business Advocacy Review Panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. OSHA also completed a scientific peer review of its draft risk assessment.  OSHA published a NPRM for a comprehensive beryllium standard for general industry on August 7, 2015 (80 FR 47565) and convened an informal public hearing on the proposed hearings in Washington, D.C., on March 21 and 22, 2016.  Following the Agency's review and consideration of comments and testimony received on the proposed standard, OSHA published final comprehensive standards for general industry, construction and shipyards on January 9, 2017 (82 FR 2470).  In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017 from the Assistant to the President and Chief of Staff entitled "Regulatory Freeze Pending Review," OSHA delayed the effective dated of the standard to May 20, 2017, to allow OSHA officials the opportunity for further review and consideration of the new regulations.  Based on this review and the comments received in response to extending the effective date on June 27, 2017. OSHA proposed changes to the standards that apply to construction and shipyard operations.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 29 CFR 1910 29 U.S.C. 655(b) 29 U.S.C. 657 Yes

Exposure to beryllium causes a disabling and potentially fatal chronic lung disease called Chronic Beryllium Disease (CBD). Exposure to beryllium has also been linked to lung cancer. OSHA reduced the permissible exposure limit (PEL) by 10 times to 0.2 micrograms of beryllium per cubic meter of air (µg/m 3 ) over an 8-hour time weighted average (TWA) and a short term exposure limit (STEL) of 2.0 µg/m 3 over 15 minutes. OSHA also included requirements such as medical surveillance, medical removal protection, regulated areas, training, and engineering controls.

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29 U.S.C. 655(b); 29 U.S.C. 657

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Not yet estimated. 

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Not yet estimated.

]]> Request for Information (RFI) 11/26/2002 67 FR 70707 RFI Comment Period End 02/24/2003 SBREFA Report Completed 01/23/2008 Initiated Peer Review of Health Effects and Risk Assessment 03/22/2010 Complete Peer Review 11/19/2010 NPRM 08/07/2015 80 FR 47565 NPRM Comment Period End 11/05/2015 Notice of Public Hearing; Date 02/29/2016 12/30/2015 80 FR 81475 Notice of Public Hearing; Date Change 03/21/2016 02/16/2016 81 FR 7717 Final Rule 01/09/2017 82 FR 2470 Final Rule; Delay of Effective Date 02/01/2017 82 FR 8901 Final Rule; Proposed Further Delay of Effective Date 03/02/2017 82 FR 12318 Final Rule; Further Delay of Effective Date 03/21/2017 82 FR 14439 Final Rule; Further Delay of Effective Date Effective 05/20/2017 NPRM 06/27/2017 82 FR 29182 NPRM Comment Period End 08/28/2017 Yes Businesses None No No Yes No William Perry Director, Directorate of Standards and Guidance 1218 Occupational Safety and Health Administration OSHA 202 693-1950 202 693-1678 perry.bill@dol.gov 200 Constitution Avenue NW., FP Building, Room N-3718, Washington DC 20210