View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOL/OSHA RIN: 1218-AB76 Publication ID: Fall 2017 
Title: 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.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 29 CFR 1910   
Legal Authority: 29 U.S.C. 655(b)    29 U.S.C. 657   
Legal Deadline:  None

Statement of Need:

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.

Summary of the Legal Basis:

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


Anticipated Costs and Benefits:

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.

Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
William Perry
Director, Directorate of Standards and Guidance
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone:202 693-1950
Fax:202 693-1678