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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 0.2 µg/m³ reduced this significant risk to the maximum extent feasible. 

In response to the stakeholder feedback, and to resolve pending litigation, OSHA promulgated a direct final rule to clarify aspects of the general industry standard in May 2018 and proposed additional revisions to certain provisions in the standard in December 2018. The revisions OSHA proposed are generally designed to clarify the standard in response to stakeholder questions or to simplify compliance, while in all cases maintaining a high degree of protection from the adverse health effects of beryllium exposure.  The agency is currently reviewing comments received in response to the proposal to finalize the rulemaking.

Statement of Need:

OSHA published a proposal that would amend the Beryllium standard from general industry to clarify certain provisions with proposed changes designed to facilitate application of the standard consistent with the intent of the 2017 final rule - and simplify or improve compliance, preventing costs that may flow from misinterpretation or misapplication of the standard.  OSHA believes that the standard as modified by this proposal would provide equivalent protection to the current standard.

Summary of the Legal Basis:

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

Alternatives:

The alternative for the proposed changes contained in the NPRM is to retain the existing regulatory language.  OSHA has requested public comment on feasible alternatives to the Agency's proposal.

Anticipated Costs and Benefits:

OSHA anticipates that none of the changes in this proposal would impose any new employer obligations or increases the overall cost of compliance, while some of the changes in this proposal would clarify and simplify compliance in such a way that results in cost savings.  Therefore, OSHA has preliminarily determined that proposed revisions to the standard would not remove or change the general nature of any ancillary provisions.  The agency expects the proposed revisions to maintain safety and health protections for workers and facilitate employer understanding and compliance.  OSHA preliminarily determines that these proposed changes would increase the net benefits of the standard for enhancing compliance with the standard and would prevent unnecessary costs being incurred due to misunderstanding of the standard.

Risks: