HOME NEWS REGSENSE INSTITUTE EDGE EXPERT HELP EVENTS FORUMS

...

Interim Enforcement Guidance for the 2020 Final Beryllium Standards

Standard Number:

1910.1024; 1915.1024; 1926.1124

April 21, 2021

MEMORANDUM FOR:	REGIONAL ADMINISTRATORS STATE PLAN DESIGNEES
THROUGH:	AMANDA EDENS Deputy Assistant Secretary
FROM:	PATRICK J. KAPUST, Acting Director Directorate of Enforcement Programs
SUBJECT:	PATRICK J. KAPUST, Acting Director Directorate of Enforcement Programs

Affected Paragraph and Issue	Text in 2017 Final Standard for General Industry (§1910.1024)	Proposed Text in 2018 NPRM for General Industry (§1910.1024)	Text in 2020 Final Standards for General Industry (§1910.1024) and, where applicable, to Construction and Shipyards (§1926.1124; §1915.1024)
(b) Definitions Beryllium sensitization New definition	(Not defined in 2017 standard)	Beryllium sensitization means a response in the immune system of a specific individual who has been exposed to beryllium. There are no associated physical or clinical symptoms and no illness or disability with beryllium sensitization alone, but the response that occurs through beryllium sensitization can enable the immune system to recognize and react to beryllium. While not every beryllium-sensitized person will develop CBD, beryllium sensitization is essential for development of CBD.	Unchanged from the 2018 NPRM and included in all three standards.
(b) Definitions Beryllium work area Revised definition	Beryllium work area means any work area: (i) Containing a process or operation that can release beryllium and that involves material that contains at least 0.1% beryllium by weight; and (ii) Where employees are, or can reasonably be expected to be, exposed to airborne beryllium at any level or where there is the potential for dermal contact with beryllium.	Beryllium work area means any work area where materials that contain at least 0.1 % beryllium by weight; and are processed either: (1) during any of the operations listed in Appendix A of this standard; or (2) where employees are, or can reasonably be expected to be, exposed to airborne beryllium at or above the AL.	Unchanged from the 2018 NPRM and included only in the general industry standard
(b) Definitions CBD diagnostic center Revised definition	CBD diagnostic center means a medical diagnostic center that has an on-site pulmonary specialist and on-site facilities to perform a clinical evaluation for the presence of chronic beryllium disease (CBD). This evaluation must include pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must also have the capacity to transfer BAL samples to a laboratory for appropriate diagnostic testing within 24 hours. The on-site pulmonary specialist must be able to interpret the biopsy pathology and the BAL diagnostic test results.	CBD diagnostic center means a medical diagnostic center that has a pulmonologist or pulmonary specialist on staff and on-site facilities to perform a clinical evaluation for the presence of chronic beryllium disease (CBD). The CBD diagnostic center must have the capacity to perform pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must also have the capacity to transfer BAL samples to a laboratory for appropriate diagnostic testing within 24 hours. The pulmonologist or pulmonary specialist must be able to interpret the biopsy pathology and the BAL diagnostic test results.	Unchanged from the 2018 NPRM and included in all three standards.
(b) Definitions Chronic beryllium disease (CBD) Revised definition	Chronic beryllium disease (CBD) means a chronic lung disease associated with airborne exposure to beryllium.	Chronic beryllium disease (CBD) means a chronic granulomatous lung disease caused by inhalation of airborne beryllium by an individual who is beryllium-sensitized.	Unchanged from the 2018 NPRM and included in all three standards.
(b) Definitions Confirmed positive Revised definition	Confirmed positive means the person tested has beryllium sensitization, as indicated by two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.	Confirmed positive means the person tested has had two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results obtained within the 30 day follow-up test period required after a first abnormal or borderline BeLPT test result. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.	Updated from the 2018 NPRM and included in all three standards, as follows: Confirmed positive means the person tested has had two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results obtained from tests conducted within a three-year period. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.
(b) Definitions Dermal contact with beryllium Revised definition	Dermal contact with beryllium means skin exposure to: (i) Soluble beryllium compounds containing beryllium in concentrations greater than or equal to 0.1 % by weight;(ii) Solutions containing beryllium in concentrations greater than or equal to 0.1 % by weight; or (iii) Dust, fumes, or mists containing beryllium in concentrations greater than or equal to 0.1 % by weight.	Dermal contact with beryllium means skin exposure to: (1) Soluble beryllium compounds containing beryllium in concentrations greater than or equal to 0.1 % by weight;(2) Solutions containing beryllium in concentrations greater than or equal to 0.1 % by weight; or (3) Visible dust, fumes, or mists containing beryllium in concentrations greater than or equal to 0.1 % by weight. The handling of beryllium materials in non-particulate solid form that are free from visible dust containing beryllium in concentrations greater than or equal to 0.1 % by weight is not considered dermal contact under the standard.	Unchanged from the 2018 NPRM and included only in the general industry standard.
(f) Methods of compliance - (1) Written exposure control plan. (i) The employer must establish, implement, and maintain a written exposure control plan, which must contain: Revised subparagraph (D)	(f)(1)(i)(D) Procedures for minimizing cross-contamination, including preventing the transfer of beryllium between surfaces, equipment, clothing, materials, and articles within beryllium work areas;	(f)(1)(i)(D) Procedures for minimizing cross-contamination, including the transfer of beryllium between surfaces, equipment, clothing, materials, and articles within beryllium work areas;	Unchanged from the 2018 NPRM and included only in the general industry standard.
(f) Methods of compliance - (1) Written exposure control plan. (ii) The employer must review and evaluate the effectiveness of each written exposure control plan at least annually and update it, as necessary, when: Revised subparagraph (B)	(f)(1)(ii)(B) The employer is notified that an employee is eligible for medical removal in accordance with paragraph (l)(1) of this standard, referred for evaluation at a CBD diagnostic center, or shows signs or symptoms associated with airborne exposure to or dermal contact with beryllium; or	(f)(1)(ii)(B) The employer is notified that an employee is eligible for medical removal in accordance with paragraph (l)(1) of this standard, referred for evaluation at a CBD diagnostic center, or shows signs or symptoms associated with exposure to beryllium; or	Unchanged from the 2018 NPRM and included in all three standards.
(h) Personal protective clothing and equipment - (2) Removal and storage. Revised subparagraph (i)	(h)(2)(i) The employer must ensure that each employee removes all beryllium-contaminated personal protective clothing and equipment at the end of the work shift, at the completion of tasks involving beryllium, or when personal protective clothing or equipment becomes visibly contaminated with beryllium, whichever comes first.	(h)(2)(i) The employer must ensure that each employee removes all beryllium-contaminated personal protective clothing and equipment at the end of the work shift, at the completion of all tasks involving beryllium, or when personal protective clothing or equipment becomes visibly contaminated with beryllium, whichever comes first.	Unchanged from the 2018 NPRM and included only in the general industry standard. For construction and shipyards, the text has been revised as follows: (2) Removal of personal protective clothing and equipment. (i) The employer must ensure that each employee removes all beryllium-contaminated personal protective clothing and equipment required by this standard at the end of the work shift or at the completion of all tasks involving beryllium, whichever comes first.
(h) Personal protective clothing and equipment - (3) Cleaning and replacement. Revised subparagraph (iii)	(h)(3)(iii) The employer must inform in writing the persons or the business entities who launder, clean or repair the personal protective clothing or equipment required by this standard of the potentially harmful effects of airborne exposure to and dermal contact with beryllium and that the personal protective clothing and equipment must be handled in accordance with this standard.	(h)(3)(iii) The employer must inform in writing the persons or the business entities who launder, clean or repair the personal protective clothing or equipment required by this standard of the potentially harmful effects of exposure to beryllium and that the personal protective clothing and equipment must be handled in accordance with this standard.	Unchanged from the 2018 NPRM and included only in the general industry standard.
(i) Hygiene areas and practices - Revised subparagraph (1)	(i)(1) General. For each employee working in a beryllium work area, the employer must:	(i)(1) General. For each employee working in a beryllium work area or who can reasonably be expected to have dermal contact with beryllium, the employer must:	Unchanged from the 2018 NPRM and included only in the general industry standard.
(i) Hygiene areas and practices - Revised subparagraph (2)	(i)(2) Change rooms. In addition to the requirements of paragraph (i)(1)(i) of this standard, the employer must provide employees who work in a beryllium work area with a designated change room in accordance with this standard and the Sanitation standard (§1910.141) where employees are required to remove their personal clothing.	(i)(2) Change rooms. In addition to the requirements of paragraph (i)(1)(i) of this standard, the employer must provide employees who are required to use personal protective clothing or equipment under paragraph (h)(1)(ii) of this standard with a designated change room in accordance with this standard and the Sanitation standard (§1910.141) where employees are required to remove their personal clothing.	Unchanged from the 2018 NPRM and included only in the general industry standard.
(i) Hygiene areas and practices - (4) Eating and drinking areas. Revised subparagraph (ii)	(i)(4)(ii) No employees enter any eating or drinking area with beryllium-contaminated personal protective clothing or equipment unless, prior to entry, surface beryllium has been removed from the clothing or equipment by methods that do not disperse beryllium into the air or onto an employee's body; and	(i)(4)(ii) No employees enter any eating or drinking area with beryllium-contaminated personal protective clothing or equipment unless, prior to entry, it is cleaned, as necessary, to be as free as practicable of beryllium by methods that do not disperse beryllium into the air or onto an employee's body; and	Unchanged from the 2018 NPRM and included only in the general industry standard.
(j) Housekeeping - Revised and reorganized subparagraph (3)	(j)(3) Disposal and recycling. For materials that contain beryllium in concentrations of 0.1 % by weight or more or are contaminated with beryllium, the employer must ensure that: (i) Materials designated for disposal are disposed of in sealed, impermeable enclosures, such as bags or containers, that are labeled in accordance with paragraph (m)(3) of this standard; and (ii) Materials designated for recycling are cleaned to be as free as practicable of surface beryllium contamination and labeled in accordance with paragraph (m)(3) of this standard, or place in sealed, impermeable enclosures, such as bags or containers, that are labeled in accordance with paragraph (m)(3) of this standard.	(j)(3) Disposal, recycling, and reuse. (i) When the employer transfers materials that contain at least 0.1% beryllium by weight or more or are contaminated with beryllium to another party for disposal, recycling, or reuse, the employer must label the materials in accordance with paragraph (m)(3) of this standard;(ii) Except for intra-plant transfers, materials designated for disposal that contain at least 0.1% beryllium by weight or are contaminated withberyllium must be cleaned to be as free as practicable of beryllium or placed in enclosures that prevent the release of beryllium-containing particulate or solutions under normal conditions of use, storage, or transport, such as bags or containers; and (iii) Except for intra-plant transfers, materials designated for recycling or reuse that contain at least 0.1% beryllium by weight or are contaminated with beryllium must be cleaned to be as free as practicable of beryllium or placed in enclosures that prevent the release of beryllium-containing particulate or solutions under normal conditions of use, storage, or transport, such as bags or containers.	Updated from the 2018 NPRM and included only in the general industry standard, as follows: (i) Except for intra-plant transfers, when the employer transfers materials that contain at least 0.1% beryllium by weight or are contaminated with beryllium for disposal, recycling, or reuse, the employer must label the materials in accordance with paragraph (m)(3) of this standard;(ii) Except for intra-plant transfers, materials designated for disposal that contain at least 0.1% beryllium by weight or are contaminated with beryllium must be cleaned to be as free as practicable of beryllium or placed in enclosures that prevent the release of beryllium-containing particulate or solutions under normal conditions of use, storage, or transport, such as bags or containers; and (iii) Except for intra-plant transfers, materials designated for recycling or reuse that contain at least 0.1% beryllium by weight or are contaminated with beryllium must be cleaned to be as free as practicable of beryllium or placed in enclosures that prevent the release of beryllium-containing particulate or solutions under normal conditions of use, storage, or transport, such as bags or containers.
(k) Medical surveillance - (2) Frequency. The employer must provide a medical examination: Revised subparagraph (2)(i)(B) and added new subparagraph (2)(iv) in 2018 NPRMParagraphs (k)(2)(iii) and (iv) modified in 2020 rule	(k)(2)(i) Within 30 days after determining that: (k)(2)(i)(B) An employee meets the criteria of paragraph (k)(1)(i)(B) or (C).[where:] (k)(1)(i)(B) Who shows signs or symptoms of CBD or other beryllium-related health effects; (k)(1)(i)(C) Who is exposed to beryllium during an emergency; or	(k)(2)(i) Within 30 days after determining that: (k)(2)(i)(B) An employee meets the criteria of paragraph (k)(1)(i)(B). (k)(2)(iv) At least one year but no more than two years after an employee meets the criteria of paragraph (k)(1)(i)(C).	Updated from the 2018 NPRM and included in all three standards, as follows: (k)(2)(i)(B) An employee meets the criteria of paragraph (k)(1)(i)(B) of this standard. Modified the proposed provisions, only in the general industry standard for paragraphs (k)(2)(iii) and (iv), pertaining to an employer's obligation to offer a medicalexamination after an employee isexposed to beryllium, as follows:1910.1024 (k)(2)(iii) At the termination of employment for each employee who meets any of the criteria of paragraph (k)(1)(i) of this standard at the time the employee's employment terminates, unless an examination has been provided in accordance with this standard during the six months prior to the date of termination. Each employee who meets the criteria of paragraph (k)(1)(i)(C) of this standard and who has not received an examination since exposure to beryllium during the emergency must be provided an examination at the time the employee's employment terminates. (iv) For an employee who meets the criteria of paragraph (k)(1)(i)(C) of this standard: (A) If that employee has not received a medical examination within the previous two years pursuant to paragraph (k)(1)(i) of this standard, then within 30 days after the employee meets the criteria of paragraph (k)(1)(i)(C) of this standard; or (B) If that employee has received a medical examination within the previous two years pursuant to paragraph (k)(1)(i) of this standard, then at least one year but no more than two years after the employee meets the criteria of paragraph (k)(1)(i)(C) of this standard.
(k) Medical Surveillance - (7) CBD diagnostic center. Revised subparagraph (i). A new provision, paragraph (k)(7)(ii), added in 2020 rule.	(k)(7)(i) The employer must provide an evaluation at no cost to the employee at a CBD diagnostic center that is mutually agreed upon by the employer and the employee. The examination must be provided within 30 days of:	(k)(7)(i) The employer must provide an evaluation at no cost to the employee at a CBD diagnostic center that is mutually agreed upon by the employer and the employee. The employer must also provide, at no cost to the employee and within a reasonable time after the initial consultation with the CBD diagnostic center, any of the following tests if deemed appropriate by the examining physician at the CBD diagnostic center: pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The initial consultation with the CBD diagnostic center must be provided within 30 days of:	Amended text for proposed paragraph (k)(7)(i), in all three standards, as follows: 1910.1024(k)(7)(i)The employer must provide an evaluation at no cost to the employee at a CBD diagnostic center that is mutually agreed upon by the employer and the employee. The evaluation at the CBD diagnostic center must be scheduled within 30 days, and must occur within a reasonable time, of: 1910.1024(k)(7)(i)(A)The employer's receipt of a physician's written medical opinion to the employer that recommends referral to a CBD diagnostic center; or 1910.1024(k)(7)(i)(B)The employee presenting to the employer a physician's written medical report indicating that the employee has been confirmed positive or diagnosed with CBD, or recommending referral to a CBD diagnostic center. Also updated from the 2018 NPRM by revising proposed paragraph (k)(7) in all three standards to add a new provision: 1910.1024(k)(7)(ii)The employer must ensure that, as part of the evaluation, the employee is offered any tests deemed appropriate by the examining physician at the CBD diagnostic center, such as pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. If any of the tests deemed appropriate by the examining physician are not available at the CBD diagnostic center, they may be performed at another location that is mutually agreed upon by the employer and the employee.
(m) Communication of hazards - Revised paragraph (3).	(m)(3) Warning labels. Consistent with the HCS (§1910.1200), the employer must label each bag and container of clothing, equipment, and materials contaminated with beryllium, and must, at a minimum, include the following on the label: DANGER CONTAINS BERYLLIUM MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AVOID CREATING DUST DO NOT GET ON SKIN	(m)(3) Warning labels. Consistent with the HCS (§1910.1200), the employer must label each immediate container of clothing, equipment, and materials contaminated with beryllium, and must, at a minimum, include the following on the label: DANGER CONTAINS BERYLLIUM MAY CAUSE CANCER CAUSES DAMGAE TO LUNGS AVOID CREATING DUST DO NOT GET ON SKIN	Unchanged from the 2018 NPRM and included only in the general industry standard.
(m) Communication of hazards - (4) Employee information and training. (ii) The employer must ensure that each employee who is, or can reasonably be expected to be, exposed to airborne beryllium can demonstrate knowledge and understanding of the following: Revised subparagraphs (A) and (E).	(m)(4)(ii)(A) The health hazards associated with airborne exposure to and contact with beryllium, including the signs and symptoms of CBD;(m)(4)(ii)(E) Measures employees can take to protect themselves from airborne exposure to and contact with beryllium, including personal hygiene practices;	(m)(4)(ii)(A) The health hazards associated with airborne exposure to and dermal contact with beryllium, including the signs and symptoms of CBD (m)(4)(ii)(E) Measures employees can take to protect themselves from airborne exposure to and dermal contact with beryllium, including personal hygiene practices;	Unchanged from the 2018 NPRM and included only in the general industry standard.
(n) Recordkeeping - (1) Air monitoring data. (ii) This record must include at least the following information: Revised subparagraph (F)	(n)(1)(ii)(F) The name, social security number, and job classification of each employee represented by the monitoring, indicating which employees were actually monitored.	(n)(1)(ii)(F) The name and job classification of each employee represented by the monitoring, indicating which employees were actually monitored.	Unchanged from the 2018 NPRM and included in all three standards.
(n) Recordkeeping - (3) Medical Surveillance. (ii) The record must include the following information about each employee: Revised subparagraph (A).	(n)(3)(ii)(A) Name, social security number, and job classification.	(n)(3)(ii)(A) Name and job classification.	Unchanged from the 2018 NPRM and included in all three standards.
(n) Recordkeeping - (4) Training. Revised subparagraph (i).	(n)(4)(i) At the completion of any training required by this standard, the employer must prepare a record that indicates the name, social security number, and job classification of each employee trained, the date the training was completed, and the topic of the training.	(n)(4)(i) At the completion of any training required by this standard, the employer must prepare a record that indicates the name and job classification of each employee trained, the date the training was completed, and the topic of the training.	Unchanged from the 2018 NPRM and included in all three standards.
(p) Appendix. Appendix A to §1910.1024In conjunction with the change to the definition of beryllium work area, revised Appendix A lists operations that trigger a beryllium work area.	Appendix A to §1910.1024 - Control Strategies to Minimize Beryllium Exposure (Non-Mandatory) (See 2017 Appendix)	Appendix A to §1910.1024 - Operations for Establishing Beryllium Work Areas (See 2018 NPRM)	Unchanged from the 2018 NPRM, and included only in the general industry standard. (See 2020 Appendix)