On June 23, OSHA proposed a new beryllium rule that would effectively eliminate many of the newly added requirements that went into effect earlier this year. In a supplemental press release, it was stated that “OSHA has evidence that exposure in these industries is limited to a few operations and has information suggesting that requiring the ancillary provisions broadly may not improve worker protection and be redundant with overlapping protections in other standards.”
On May 20, after several delays and much controversy, OSHA released a new rule that established a lower PEL (permissible exposure limit) for beryllium. It also increased requirements to control prolonged exposure to the substance. Beryllium is a very light, though extremely strong, highly toxic metal used in aerospace, electronics, energy, telecommunication, and medical/defense industries. Approximately 62,000 workers are at risk of beryllium over exposure, which could lead to beryllium sensitization, lung cancer, and chronic beryllium disease (CBD).
With its latest proposed rule, OSHA still plans to keep the lower PEL of 0.2 micrograms of beryllium per cubic meter of air, however the administration wants to remove ancillary provisions, such as: Exposure monitoring, regulated areas (and competent person in construction), a written exposure control plan, protective equipment and work clothing, hygiene areas and practices, housekeeping, medical surveillance, medical removal and worker training.”
Beryllium Rule Controversy
Health and safety experts were frustrated across the board due because implementation of the new beryllium rule had taken so long. The United Steelworker’s Association (USW) was quick to come out against the proposed rule, as it eliminated “important protections” for shipyard and construction workers. Under the new rule, USW believes that “employers would no longer have to measure beryllium levels in the workplace or provide medical testing to workers at risk of fatal lung disease. In addition, workers would not have the right to wear protective clothing or to shower at the end of the work shift, making it possible for beryllium to be taken home and exposed to spouses and children.” AFL-CIO President Richard Trumka explained that the the workforce plans to combat the ammendments.
“The entire labor movement will work together to fight any proposal that takes away standards that keep us safe at work,” Trumpka said.
Additionally, Jessical Martinez, co-executive director of the National Council for Occupational Health and Safety, suggested that the latest measure takes beryllium safety “a step backwards.”
“[OSHA] spent more than a decade on the rule-making process for the standard that would be severely weakened by the proposal,” Martinez said. “It is well documented that shipyard and construction workers can be exposed to beryllium. They need the same protections as other workers – including monitoring and assessing exposure to potential harm and taking steps to eliminate hazards which can lead to life-threatening diseases.”
The proposal is currently published in the Federal Register, and is open for comments until Aug. 28. OSHA does not plan to enforce the construction and shipyard standards while determining proposed amendments to the rule.
If you and/or your employees work with heavy metal, then know that testing should not be taken lightly. Worksite Medical can help you keep your workplace safe and compliant.
