Final Rule to Protect Workers from Beryllium Exposure

1. Final Rule to Protect Workers from Beryllium Exposure

2. Disclaimer You should not construe any statements or information presented above to create (or to diminish) legal obligations under the Occupational Safety and Health Act, since these obligations are defined by federal regulations.

3. Final Rule OSHA issued a final rule to prevent chronic beryllium disease and lung cancer in American workers by limiting their exposure to beryllium. The rule contains standards for general industry, construction, and shipyards. The final rule replaces a 40-year-old permissible exposure limit (PEL) for beryllium.

4. Overview About 62,000 workers are exposed to beryllium in their workplaces. The majority of workers affected by this rule are exposed in general industry operations such as beryllium metal and ceramic production, non-ferrous foundries, and fabrication of beryllium alloy products.

5. Key Provisions Reduces the permissible exposure limit (PEL) for beryllium to 0.2 micrograms per cubic meter of air, averaged over 8-hours. Establishes a new short term exposure limit for beryllium of 2.0 micrograms per cubic meter of air, over a 15-minute sampling period.

6. Key Provisions Use of engineering and work practice controls to limit worker exposure. Provide respirators when controls cannot adequately limit exposure. Limit worker access to high-exposure areas. Develop a written exposure control plan and train workers on beryllium hazards.

7. Key Provisions Requires employers to make available medical exams to monitor exposed workers Provides medical removal protection benefits to workers identified with a beryllium-related disease.

8. Compliance Schedule Employers must comply with most elements of the rule starting March 12, 2018. Employers have an additional year - until March 11, 2019 - to provide required change rooms and showers Employers have an additional two years – until March 10, 2020 - to implement engineering controls.

9. Beryllium Standards General Industry – 1910.1024 Construction Industry – 1926.1124 Shipyards – 1915.1024

10. Key Limits Action Level – 0.1 micrograms per cubic meter of air. Permissible Exposure Limit (PEL) – 0.2 micrograms per cubic meter of air. Short-Term Exposure Limit (STEL) – 2.0 micrograms per cubic meter.

11. a) Scope Applies to occupational exposure to beryllium in all forms, compounds, and mixtures. Exceptions : Articles as defined by HAZCOM which are not processed. Materials containing less than 1% and objective data shows < Action Level

12. b) Definitions – General Industry Work Area – Any work area containing a process or operation that can release beryllium and employee exposure at any concentration; or potential for dermal contact. Regulated Area – An area where an employee’s airborne exposure exceeds either the PEL or STEL

13. b) Definitions – Construction Industry Competent Person – An individual who is capable of identifying existing and foreseeable beryllium hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them.

14. c) Permissible Exposure Limits The employer must ensure that no employee is exposed to an airborne in excess of: Permissible Exposure Limit (PEL) – 0.2 micrograms per cubic meter of air. Short-Term Exposure Limit (STEL) – 2.0 micrograms per cubic meter.

15. d) Exposure Assessment The employer must assess the airborne exposure of each employee who is or may reasonably be expected to be exposed to airborne beryllium in accordance with either the: • Performance Option or • Scheduled Monitoring Option

16. d) Exposure Assessment Performance Option – The performance option is intended to allow employers flexibility in assessing the beryllium exposures of their employees. The goal of the performance option is to give employers flexibility to accurately characterize employee exposures.

17. d) Exposure Assessment Performance Option – Must asses the 8-hour TWA and 15-minute short-term exposure on the basis of any combination of air monitoring data and objective data.

18. d) Exposure Assessment Monitoring Option – The employer must perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the airborne exposure of employees on each shift, for each job classification, and in each work area.

19. d) Exposure Assessment Monitoring Option – The employer must perform initial monitoring to assess the short-term exposure in operations that are likely to produce airborne exposure above the STEL.

20. d) Exposure Assessment Monitoring Option – Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction.

21. d) Exposure Assessment – Monitoring Option If initial monitoring < AL and at or < STEL, then employer may discontinue monitoring. If monitoring at or > AL but at or < PEL, monitor within 6 months. If monitoring > PEL, monitor within 3 months.

22. d) Exposure Assessment – Monitoring Option If most recent monitoring < AL, • Repeat within 6 months until 2 consecutive measurements taken 7 or more days apart are below the action level. • Monitoring can then be discontinued.

23. d) Reassessment of Exposure Reassessment: Under certain circumstances, such as a change in the production, process, control, equipment, materials, personnel, or work practices may reasonably be expected to result in new or additional airborne exposures at or above the AL or STEL.

24. d) Employee Notification Within 15 working days after completing the exposure assessment, the employer must notify each employee whose airborne exposure is represented by the assessment of the results of the assessment individually in writing or post the results.

25. d) Employee Notification IF exposure assessment, above TWA PEL or STEL, the employer must describe in writing corrective

26. d) Employee Notification Observation and Monitoring – The employer must provide an opportunity to observe any exposure monitoring.

27. e) Work and Regulated Areas – 1910 Regulations Paragraph (e) sets forth the requirements for establishing, maintaining, demarcating, and limiting access to certain areas of the workplace to aid in minimizing employee exposure to beryllium.

28. e) Work and Regulated Areas – 1910 Regulations Establish and maintain beryllium work area Establish and maintain a beryllium regulated area when exposure to airborne beryllium at Levels above the TWA, PEL, or STEL.

29. e) Work and Regulated Areas – 1910 Regulations Demarcation – 1) The employer must identify each Beryllium work area through signs or any other methods that adequately inform each employee of the boundaries of each beryllium work area. 2) The employer must identify each regulated area (Warning Signs).

30. e) Competent Person - Construction Make frequent and regular inspections of the jobsite. Implement the written exposure control plan. Ensure employees use respiratory protection. Ensure that all employees use protective clothing and equipment.

31. f) Methods of Compliance Paragraph (f) of the standard establishes methods for reducing employee exposure to Beryllium through the use of a written exposure control plan and engineering and work practice controls.

32. f) Methods of Compliance Written Exposure Control Plan - Requires employers to establish, implement, and maintain a written exposure control plan and specifies the information that must be included in the plan.

33. f) Methods of Compliance – Engineering and Work Practice Controls – General Industry For each beryllium work area, at least one of the Following must be in place: • Material and/or process substitution • Isolation – ventilation partial or full enclosures • Local exhaust ventilation • Process controls

34. f) Methods of Compliance – Engineering and Work Practice Controls – Construction Industry Where exposures at or above the action level at least one of the following must be in place: • Material and/or process substitution • Isolation – ventilation partial or full enclosures • Local exhaust ventilation • Process controls

35. f) Methods of Compliance – Engineering and Work Practice Controls An employer is exempt from using the controls listed to the extent that: • The employer can establish that such controls are not feasible; or • The employer can demonstrate that airborne exposure is below the action level

36. f) Prohibition of Rotation Worker rotation can potentially reduce exposures to individual employees, but increases the number of employees exposed. The employer must not rotate employees to different jobs to achieve compliance with the PELs.

37. g) Respiratory Protection Paragraph (g) of the standard establishes the requirements for the use of respiratory protection.

38. h) Personal Protective Equipment and Clothing To protect employees from adverse health effects, these PPE requirements are intended to prevent dermal exposure to beryllium, and prevent the accumulation of airborne beryllium on clothing, shoes, and equipment, which can result in additional inhalation exposure.

39. h) Personal Protective Equipment and Clothing Requires employers to provide employees with personal protective clothing and equipment (PPE) where employee exposure exceeds or can reasonably be expected to exceed the TWA PEL or STEL and where there is reasonable expectation of dermal contact with beryllium.

40. h) Personal Protective Equipment and Clothing • Provisions and Use • Removal and Storage • Cleaning and Replacement

41. i) Hygiene Areas and Practices – General Industry For each employee working in a beryllium work area, the employer must provide employees with readily accessible washing facilitiesto remove beryllium from the hands, face, and neck. Work Area – Any work area containing a process or operation that can release beryllium and employee exposure at any concentration; or potential for dermal contact.

42. i) Hygiene Areas and Practices – Construction Industry For each employee required to use personal protective clothing or equipment by the standard, the employer must provide employees with readily accessible washing facilitiesto remove beryllium from the hands, face, and neck.

43. i) Hygiene Areas and Practices – General Industry For each employee working in a beryllium work area, the employer must provide employees with a designated change room. Work Area – Any work area containing a process or operation that can release beryllium and employee exposure at any concentration; or potential for dermal contact.

44. i) Hygiene Areas and Practices – Construction Industry For each employee required to use personal protective clothing or equipment by the standard, the employer must provide employees with a designated change room.

45. i) Hygiene Areas and Practices – General Industry Showers - Requires employers in general Industry to provide and ensure the use of showers if employees are or can reasonably be expected to be exposed above the TWA, PEL or STEL AND If beryllium could reasonably be expected to contaminatethe employees’ body parts other thanhands, face, and neck.

46. i) Hygiene Areas and Practices – Construction Industry Showers - OSHA did not include a requirement for showers in the final standard for Construction.

47. j) Housekeeping – General Industry Requires employers to maintain all surfaces in beryllium work areas as free as practicable of beryllium; promptly clean spills and emergency releases of beryllium; use appropriate cleaning methods; and properly dispose of materials containing or contaminated with beryllium.

48. j) Housekeeping – Construction Industry Requires employers to follow the written exposure control plan. Spills and emergency releases are cleaned up promptly.

49. k) Medical Surveillance Specifies which employees must be offered medical surveillance, as well as the frequency and content of medical examinations.

50. k) Medical Surveillance The purposes of medical surveillance: (1) To identify beryllium-related adverse health effects so that appropriate intervention measures can be taken; (2) to determine if an employee has any condition that might make him or her more sensitive to beryllium exposure; and (3) To determine the employee’s fitness to use personal protective equipment such as respirators.