Director, Directorate of Standards and Guidance

1218-AB76 201710 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1218 Occupational Safety and Health Administration OSHA 1200 Department of Labor DOL Occupational Exposure to Beryllium

The Occupational Safety and Health Administration (OSHA) proposes to revoke the ancillary provisions for the construction and the shipyard sectors that OSHA adopted on January 9, 2017 (82 FR 2470), but retain the new lower permissible exposure limit (PEL) of 0.2 µg/m3 and the short term exposure limit (STEL) of 2.0 µg/m3 for each sector. OSHA will not enforce the January 9, 2017, shipyard and construction standards without further notice while this new rulemaking is underway. This proposal does not affect the general industry beryllium standard published on January 9, 2017.

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

After a review of the comments received and a review of the applicability of existing OSHA standards, OSHA proposed to revoke the ancillary provisions applicable to the construction and shipyard sectors June 27, 2017 (82 FR 29182), but to retain the new lower PEL of 0.2 µg/m3 and the STEL of 2.0 µg/m3 for those sectors. In the January 2017 final rule, OSHA reviewed the exposure data for abrasive blasting in construction and shipyards and welding in shipyards and determined that there is a significant risk of chronic beryllium disease (CBD) and lung cancer to workers in construction and shipyards based on the exposure levels observed. Because OSHA determined that there is significant risk of material impairment of health at the new lower PEL of 0.2 µg/m3, the Agency continues to believe that it is necessary to protect workers exposed at this level. However, OSHA is now reconsidering the need for ancillary provisions in the construction and shipyards sectors, and is currently reviewing comments received in response to the proposal to finalize the rulemaking.

]]>

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

]]> ]]>

In the NPRM, OSHA estimated that this proposed rule would yield a total annualized cost savings of $11.0 million using a 3 percent discount rate across the shipyard and construction sectors. In the NPRM, OSHA preliminarily concluded that there are no benefits (due to reducing the number of cases of CBD) as a result of revoking the ancillary provisions of the beryllium final standards for Construction and Shipyards.

]]>

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 (Construction and Shipyard) 06/27/2017 82 FR 29182 NPRM (Construction and Shipyard) Comment Period End 08/28/2017 Analyze Comments 01/00/2018 Final Rule 09/00/2018 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