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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.

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

Alternatives:

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.

Risks:

Not yet estimated.