New Version of Revised Beryllium Rule May Be On It’s Way

OSHA issued a new regulation for beryllium on Jan. 9, 2017 to increase worker protection from the hazardous chemical. Since then, the White House has delayed enforcement several times, with the most recent extension to May 11. However, it seems the Trump administration may be closing in on approving a new version of the rule.

The White House Office of Management and Budget (OMB) has completed its review of the rule that began on April 6 and ended on April 17. Typically, getting approval from the OMB is one of the final steps before a proposal is released to the public and OSHA issues the changes.

Occupations with potential beryllium exposure include:

• Primary Beryllium Production Workers
• Workers Processing Beryllium Metal/Alloys/Composites
  • Foundry Workers
  • Furnace Tenders
  • Machine Operators
  • Machinists
  • Metal Fabricators
  • Welders
  • Dental Technicians
• Secondary smelting and refining (recycling electronic and computer parts, metals)
• Abrasive Blasters (slags)

(Related Article: Will You Be Affected By The New Beryllium Rule?)

Why Has the Rule Been Delayed?

The new rule set forth a new standard for protecting workers from beryllium — a hazardous cancer-causing metal that affects workers in smelting, fabricating and other industries. The rule lowered the permissible exposure limit and included other provisions for controlling exposure, respiratory protection, personal protective equipment, and more.

The beryllium rule has three different parts, including standards for the construction, maritime, and general industries. OSHA has been in extensive settlement discussions over the third part of the rule for general industry. The first delay came on June 27, 2017, as OSHA proposed to revoke the ancillary provisions of the construction and shipyard standards while retaining the new PEL. Since then, OSHA stated, via its website, that the ancillary provisions of those standards would not be enforced without further notice.

What Changes Should Employers Expect?

Mark Mummert, an industrial hygienist for Harsco Corp. in Pennsylvania, stated that he was told the pending regulation would only modify the general industry standard, which has been challenged by several industry groups, including: Airborne Inc., Materion Corp, the United Steelworkers union, and several others. Regarding the construction and maritime sections of the rule, Mummert said that those changes are expected to take longer.

Marc Kolanz, vice president of the only U.S. producer of pure beryllium metal, Materion Corp. in Mayfield Heights, OH, spoke on the ongoing challenges of the general industry rule. “Those negotiations are continuing,” he said. “We’re hoping to settle it here soon.”

On April 20, Jim Frederick, assistant director of United Steelworkers, said that the goal of the settlement talks is to produce a final rule as soon as possible.

Initial changes under the new rule included:

• Reduced permissible exposure limit (PEL) for beryllium: 0.2 micrograms per cubic meter of air, averaged over 8-hours
• New short-term exposure limit for beryllium: 2.0 micrograms per cubic meter of air, over a 15-minute sampling period
• Employers are required to: use engineering and work practice controls (such as ventilation or enclosure) to limit worker exposure to beryllium; 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.
• Employers are required to offer medical exams to monitor exposed workers. Provides medical removal protection benefits for workers with an identified beryllium-related disease

**Employers would have an additional year to install the required changing rooms and showers, and an additional two years to install the required engineering controls. In the next few years, OSHA estimates that this rule will save 90 people per year from beryllium diseases, and also prevent 46 new cases of chronic beryllium each year.

Protecting Workers from Hazardous Chemicals

Medical surveillance is a thorough and easy way for employers to protect their workers from hazardous substances such as beryllium. Worksite Medical has mobile medical units that travel directly to your job site to test employees. We have the full resources of a lab within our units, including a heavy metals panel that can test workers for exposure. Employers don’t have to worry about losing productivity with on-site testing.

Call Worksite Medical today at 1-844-OCCUMED to schedule your appointment today.