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DOL/OSHA RIN: 1218-AD21 Publication ID: Spring 2019 
Title: Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors 

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.  OSHA has evidence that beryllium exposure in construction and shipyards occurs almost exclusively during abrasive blasting and welding operations.  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) which include provisions for respiratory protection, PPE, and certain other requirements that overlap with the ancillary provisions of the beryllium standards promulgated in 2017.  After a review of stakeholder feedback received following publication of the rule and a review of the applicability of existing OSHA standards, OSHA is reconsidering the need for ancillary provisions in the beryllium standards for the construction and shipyards sectors. 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.  The agency is currently reviewing comments received in response to the proposal to finalize the rulemaking.

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: Undetermined 
EO 13771 Designation: Deregulatory 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
NPRM (Construction in Shipyards) Published as 1218-AB76  06/27/2017  82 FR 29182   
NPRM (Construction in Shipyards) Comment Period End  08/28/2017 
Final Rule  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 1218-AB76 
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