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On January 9, 2017, OSHA published its final rule Occupational Exposure to Beryllium and Beryllium Compounds in the Federal Register (82 FR 2470). OSHA concluded that employees exposed to beryllium and beryllium compounds at the preceding permissible exposure limits (PELs) were at significant risk of material impairment of health, specifically chronic beryllium disease and lung cancer. OSHA also concluded that the new 8-hour time-weighted average (TWA) PEL of µg/m³ reduced this significant risk to the maximum extent feasible.  After a review of the comments received and a review of the applicability of existing OSHA standards, OSHA proposed to revoke ancillary provisions applicable to the construction and shipyard sectors on June 28, 2018 (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.  OSHA has evidence that beryllium exposure in these sectors is limited to the following operations: Abrasive blasting in construction, abrasive blasting in shipyards, and welding in shipyards.  OSHA has a number of standards already specifically applicable to these operations, including ventilation (29 CFR 1926.57) and mechanical paint removers (29 CFR 1915.34).  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.

Statement of Need:

The Occupational Safety and Health Administration (OSHA) proposed to revoke the ancillary provisions for the construction and the shipyard sectors, which 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.

OSHA has 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 has evidence that beryllium exposure in these sectors is limited to the following operations: abrasive blasting in construction, abrasive blasting in shipyards, and welding in shipyards. OSHA has a number of standards already applicable to these operations. Based on a review of the comments received and a review of the applicability of existing OSHA standards, 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:

OSHA has several potential options.  The first is to retain the original standards promulgated in 2017 for construction and shipyards, including all ancillary provisions. Alternatively, OSHA is evaluating whether there is benefit to retaining certain ancillary provisions that were proposed for rescission.

Anticipated Costs and Benefits:

OSHA preliminarily estimated that rescinding the ancillary provisions will result in cost savings to shipyard and construction establishments. For construction, cost savings are $8.8 million (7% discounting) and $8.6 million (3% discounting). For shipyards, cost savings are $3.5 million (7% discounting) and $3.4 million (3% discounting).  OSHA has preliminarily concluded that there are limited to no foregone benefits (i.e., reduced number of cases of Chronic Beryllium Disease) as a result of revoking the ancillary provisions of the beryllium final standards for construction and shipyards.

Risks: