121
3. Respirator Fit Testing
Respirator Fit Testing - Labor
Annual
Employee
Production Worker
                                                                            433
                                                                           100%
                                                                           0.50
                                                                            217
                                                                         $25.47
                                                                         $5,527
                                                                            433
Respirator Fit Testing - Labor
Annual
Employee
Supervisor
                                                                            433
                                                                           100%
                                                                           0.50
                                                                            217
                                                                         $43.39
                                                                         $9,416
                                                                            433
4. PPE
Notify Cleaners in Writing
Annual
Establishment
Clerical
                                                                          2,558
                                                                            15%
                                                                           0.17
                                                                             65
                                                                         $24.71
                                                                         $1,606
                                                                            384
5. Medical Surveillance
Medical Exam - Initial and Periodic
Biennial
Employee
Production Worker
                                                                         14,598
                                                                            69%
                                                                           2.08
                                                                         20,951
                                                                         $25.47
                                                                       $533,622
                                                                         10,073
6. Referral to Diagnostic Center
Referral Exam - Travelling Workers
Annual
Employee
Production Worker
                                                                            690
                                                                           100%
                                                                          24.25
                                                                         16,733
                                                                         $25.47
                                                                       $426,190
                                                                            690
Referral Exam - Non-Travelling Workers
Annual
Employee
Production Worker
                                                                            230
                                                                           100%
                                                                           4.25
                                                                            978
                                                                         $25.47
                                                                        $24,910
                                                                            230
7. Information Provided to the PLHCP
Provide Information  -  Supervisor
Biennial
Employee
Supervisor
                                                                         14,598
                                                                            69%
                                                                           0.25
                                                                          2,518
                                                                         $43.39
                                                                       $109,256
                                                                         10,073
8. Licensed Physician's Written Medical Opinion*
Process Information  -  Supervisor
Biennial
Employee
Supervisor
                                                                         14,598
                                                                            69%
                                                                           0.08
                                                                            806
                                                                         $43.39
                                                                        $34,972
                                                                         10,073
9. Medical Removal
Medical Removal
First Year
Employee
Supervisor
                                                                            445
                                                                           100%
                                                                           0.08
                                                                             36
                                                                         $43.39
                                                                         $1,562
                                                                            445
C. Recordkeeping
1. Exposure Monitoring
Initial
First Year
Employee
HR Manager
                                                                         10,864
                                                                            94%
                                                                           0.25
                                                                          2,553
                                                                         $78.27
                                                                       $199,823
                                                                         10,212
Periodic
Annual
Employee
HR Manager
                                                                          4,955
                                                                            92%
                                                                           0.25
                                                                          1,140
                                                                         $78.27
                                                                        $89,228
                                                                          4,559
Additional
Annual
Employee
HR Manager
                                                                          1,086
                                                                            94%
                                                                           0.25
                                                                            255
                                                                         $78.27
                                                                        $19,959
                                                                          1,021

2. Medical Surveillance
Medical Surveillance - HR Manager
Annual
Employee
HR Manager
                                                                         15,518
                                                                            71%
                                                                           0.25
                                                                          2,754
                                                                         $78.27
                                                                       $215,556
                                                                         11,018
Medical Surveillance  -  Clerical
Annual
Employee
Clerical
                                                                         15,518
                                                                            71%
                                                                           0.08
                                                                            881
                                                                         $24.71
                                                                        $21,770
                                                                         11,018
3. Training
Training
Annual
Employee
Clerical
                                                                         43,457
                                                                            66%
                                                                           0.08
                                                                          2,295
                                                                         $24.71
                                                                        $56,709
                                                                         28,682
4. Respirator Fit Testing Records
Respirator Fit Testing
Annual
Employee
Clerical
                                                                            433
                                                                           100%
                                                                           0.08
                                                                             35
                                                                         $24.71
                                                                           $865
                                                                            433
D. Employee Access to Exposure Monitoring and Medical Records
Written Exposure Control Plan
Annual
Employee
Clerical
                                                                          2,173
                                                                            72%
                                                                           0.08
                                                                            125
                                                                         $24.71
                                                                         $3,089
                                                                          1,565
Access to Records
Annual
Employee
Clerical
                                                                          2,173
                                                                           100%
                                                                           0.08
                                                                            174
                                                                         $24.71
                                                                         $4,300
                                                                          2,173
E. Rule Familiarization
Small Establishments (< 20 Employees)
First Year
Establishment
Supervisor
                                                                          3,245
                                                                           100%
                                                                            1.0
                                                                          3,245
                                                                         $43.39
                                                                       $140,801
                                                                          3,245
Medium Establishments (20 - 499 Employees)
First Year
Establishment
Supervisor
                                                                          1,250
                                                                           100%
                                                                            1.0
                                                                          1,250
                                                                         $43.39
                                                                        $54,238
                                                                          1,250
Large Establishments (>= 500 Employees)
First Year
Establishment
Supervisor
                                                                             42
                                                                           100%
                                                                            1.0
                                                                             42
                                                                         $43.39
                                                                         $1,822
                                                                             42

Total
First Year

                                                                         73,430

                                                                         50,260

                                                                     $3,504,747
                                                                         59,493
Annual

                                                                        139,341

                                                                         53,931

                                                                     $2,928,278
                                                                         99,629
Biennial

                                                                         43,794

                                                                         24,275

                                                                        $677850
                                                                         30,219
Total

                                                                        256,565

                                                                        128,466

                                                                     $7,110,875
                                                                        189,341
Total ICR Three Year Average

                                                                        185,715

                                                                         82,822

                                                                     $4,435,452
                                                                        134,570
*Some numbers may differ due to rounding.

 13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.  (Do not include the cost of any hour burden shown in Items 12 and 14.)
The cost estimate should be split into two components:  (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life on capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.  The cost of purchasing or contracting out information collections services should be part of this cost burden estimate.  In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made:  (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

 Exposure Monitoring
The agency has taken a unit cost for analyzing the samples taken for exposure monitoring.  This exposure monitoring requires that three samples be taken per worker: one TWA sample and two short-term exposure limit (STEL) samples. The costs differ for initial exposure monitoring (which is conducted by certified IH) and additional/periodic monitoring (which is conducted by a lower wage IH). The unit cost for an initial TWA sample is estimated to be $617.26, which is the sum of the cost for contract industrial hygienist services ($459.95) and the associated lab fees ($157.31). The unit cost to obtain the two STEL samples is estimated to be $1,234.52 (2 x ($157.31 + $459.95)) per sampled worker. The unit cost for additional/periodic TWA samples is estimated to be $387.29, which is the sum of the cost for contract industrial hygienist services ($229.98) and the associated lab fees ($157.31). The unit cost to obtain additional/periodic STEL samples is estimated to be $774.57 (2 x ($157.31 + $229.98)).
Table C shows the number of responses per year, non-compliance rate, and total cost associated with each type of exposure monitoring sample for general industry. The number of workers affected by the exposure monitoring requirements varies, with 10,864 workers affected in the first year, 4,955 workers subject to periodic exposure monitoring, and 1,086 workers subject to additional exposure monitoring. The total cost is calculated by multiplying the cost per sample by the number of non-compliance responses. First-year costs and the costs for each type of sample are summed to arrive at the total costs.

Table C. Direct Costs of Exposure Monitoring*
(General Industry Only)

                                   Frequency
                              Responses per Year
                              Non-Compliance Rate
                       Non-Compliance Responses per year
                                   Unit Cost
                                  Total Cost

Initial

TWA Sample
First Year
                                                                         10,864
                                                                            94%
                                                                         10,212
                                                                       $617.26
                                                                     $6,303,459

2 STEL Samples
First Year
                                                                         10,864
                                                                            94%
                                                                         10,212
                                                                     $1,234.52
                                                                    $12,606,918

Subtotal
First Year
                                                                         10,864

                                                                         10,212

                                                                    $18,910,377

Periodic

TWA Sample
Annual
                                                                          4,955
                                                                            92%
                                                                          4,559
                                                                       $387.29
                                                                     $1,765,655

2 STEL Samples
Annual
                                                                          4,955
                                                                            92%
                                                                          4,559
                                                                       $774.57
                                                                     $3,531,265

Subtotal
Annual
                                                                          4,955

                                                                          4,559

                                                                     $5,296,920

Additional

TWA Sample
Annual
                                                                          1,086
                                                                            94%
                                                                          1,021
                                                                       $387.29
                                                                       $395,423

2 STEL Samples
Annual
                                                                          1,086
                                                                            94%
                                                                          1,021
                                                                       $774.57
                                                                       $790,836

Subtotal
Annual
                                                                          1,086

                                                                          1,021

                                                                     $1,186,259

Total                                                                                $25,393,556

*Samples are taken twice a year for workers between the AL and PEL and quarterly for workers above the PEL.

Total average over three years for General Industry is:
($18,910,377/3) + $5,296,920 + $1,186,259 = $12,786,638
 Medical Examinations
For general industry, the agency assumes that employers will incur an initial medical cost for the exams associated with the medical surveillance provision of the rule. The initial medical cost associated with initial medical exams is $591.12, which includes $44.57 for gathering or updating work and medical history, $133.71 for a full physical exam (encompassing both respiratory and skin requirements), $62.82 for a pulmonary function test, $327.05 for a BeLPT, and $229.98 for all additional tests (collectively) that the PLHCP may recommend. For this last element, the agency estimates that 10 percent of the standard medical examinations will lead to further tests recommended by the PLCHP. The cost for the PLHCP or other medical provider to provide a written medical report to the employee is included in the cost for the medical exams.
The agency estimates that 14,598 workers in general industry will be subject to biennial medical surveillance, and OSHA estimates a non-compliance rate of 69 percent (10,073 workers) so the total cost for these workers is $5,954,352 (10,073 x $591.12). (See Table D) The cost for the additional exams is included.
Table D  -  Medical Exam Costs for General Industry

Frequency
Basis
Unit Cost
Responses per Year
Non-Compliance Rate
Adjusted Responses
Total Cost
Medical Exam Costs
Biennial
Employee
$591.12
14,598
69%
10,073
$5,954,352

3.  Respirator Fit-Test Materials
The agency estimates that it costs employers $1.27 for respirator materials to fit-test each of the 433 employees in general industry.  This cost was not significant enough for separate identification in the FEA, but is derived from the respirator fit-test materials costs identified in the Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection NPRM Supporting Statement.
            Annual Cost:  433 (employees) x $1.27 (cost for materials) = $550
 4.  Total Capital Costs
The total costs for this item are the sum of the costs for exposure monitoring, medical examinations, and fit testing materials.
Table E  -  Annualization of the Final Cost
Table F  -  Annualization of the Final Cost
Three Year Average for the ICR
 (Only General Industry)
Cost
Exposure Monitoring
                                                                    $12,786,638
Medical Exams
                                                                     $5,954,352
Fit Testing
                                                                           $550
Total Cost Average over three years for General Industry
                                                                    $18,741,540

 14. Provide estimates of annualized cost to the Federal Government.  Also, provide a description Provide estimates of annualized cost to the Federal Government.  Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.  Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
There are no costs to the Federal Government. The agency has no annualized cost associated with enforcing the standard. OSHA would only review records in the context of an investigation of a particular employer to determine compliance with the standard. These activities are outside the scope of the PRA. See 5 CFR 1320.4(a)(2).

 15. Explain the reasons for any program changes or adjustments.
OSHA is requesting a program change decrease from 194,261 hours to 82,822 hours, a difference of 111,439 hours in the burden. This is a revision to the currently approved Beryllium Information Collection for the general industry by removing those collection of information requirements contained in the construction and shipyard sectors from this ICR. This revision removes the duplication of the collections for construction and shipyard sectors. The capital cost estimated for general industry is $18,741,540. The capital cost estimate is annualized over three years.

 16. For collection of information whose results will be published, outline plans for tabulation and publication.  Address any complex analytical techniques that will be used.  Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
The information collected under the beryllium standard will not be published.

 17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
OSHA lists current valid control numbers in §§ 1910.8, 1915.8, 1917.4, 1918.4, and 1926.5 and publishes the expiration date in the Federal Register notice announcing OMB approval of the information collection requirement (see 5 CFR 1320.3(f)(3)). OSHA believes that this is the most appropriate and accurate mechanism to inform interested parties of these expiration dates.
 18. Explain each exception to the certification statement.
OSHA is not requesting an exception to the certification statement.
 COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This Supporting Statement does not contain any collection of information requirements that employ statistical methods.

SEC. 2. Congressional Findings and Purpose (a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. (b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources -- 29 USC 651 (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety; (7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience; (8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health; affecting the OSH Act since its passage in 1970 through January 1, 2004. (9) by providing for the development and promulgation of occupational safety and health standards; (10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition; 2 (11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith; (12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem; (13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

6. Occupational Safety and Health Standards 29 USC 655: (a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. (b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner: (1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefore and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing. (4) Within sixty days after the expiration of the period provided for the submission of written data or comments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph (3), the Secretary shall issue a rule promulgating, modifying, or revoking an occupational safety or health standard or make a determination that a rule should not be issued. Such a rule may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Secretary determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the standard. (5) The Secretary, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life. Development of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. (6) (A) Any employer may apply to the Secretary for a temporary order granting a variance from a standard or any provision thereof promulgated under this section. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause (B) and establishes that -- (i) he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (ii) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and (iii) he has an effective program for coming into compliance with the standard as quickly as practicable. Any temporary order issued under this paragraph shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing: Provided, That the Secretary may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve 2compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more that twice (I) so long as the requirements of this paragraph are met and (II) if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days. (B) An application for temporary order under this paragraph (6) shall contain: (i) a specification of the standard or portion thereof from which the employer seeks a variance, (ii) a representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor, (iii) a statement of the steps he has taken and will take (with specific dates) to protect employees against the hazard covered by the standard, (iv) a statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take (with dates specified) to come into compliance with the standard, and (v) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the Secretary for a hearing. (C) The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines, or the Secretary of Health and Human Services certifies, that such variance is necessary to permit an employer to participate in an experiment approved by him or the Secretary of Health and Human Services designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. (7) Any standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. In addition, where appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event such medical examinations are in the nature of research, as determined by the Secretary of 3Health and Human Services, such examinations may be furnished at the expense of the Secretary of Health and Human Services. The results of such examinations or tests shall be furnished only to the Secretary or the Secretary of Health and Human Services, and, at the request of the employee, to his physician. The Secretary, in consultation with the Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of title 5, United States Code, make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical examinations, as may be warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant standard. (8) Whenever a rule promulgated by the Secretary differs substantially from an existing national consensus standard, the Secretary shall, at the same time, publish in the Federal Register a statement of the reasons why the rule as adopted will better effectuate the purposes of this Act than the national consensus standard. (c) (1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, Unites States Code, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines -- (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger. (2) Such standard shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection. (3) Upon publication of such standard in the Federal Register the Secretary shall commence a proceeding in accordance with section 6 (b) of this Act, and the standard as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six months after publication of the emergency standard as provided in paragraph (2) of this subsection. (d) Any affected employer may apply to the Secretary for a rule or order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The Secretary shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and 4processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Secretary on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance. (e) Whenever the Secretary promulgates any standard, makes any rule, order, or decision, grants any exemption or extension of time, or compromises, mitigates, or settles any penalty assessed under this Act, he shall include a statement of the reasons for such action, which shall be published in the Federal Register. (f) Any person who may be adversely affected by a standard issued under this section may at any time prior to the sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole. (g) In determining the priority for establishing standards under this section, the Secretary shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to the recommendations of the Secretary of Health and Human Services regarding the need for mandatory standards in determining the priority for establishing such standards.

SEC. 8. Inspections, Investigations, and Recordkeeping (a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized -- (1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and (2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee. (b) In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. (c) (1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards. (2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. 29 USC 657 (3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 6. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 6, and shall inform any employee who is being thus exposed of the corrective action being taken. (d) Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency under this Act shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible. (e) Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. (f) (1) Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination. (2) Prior to or during any inspection of a workplace, any employees 2or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case. (g) (1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section. (2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment. (h) The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities. Pub. L. 105-198 added subsection (h).

Electronic Code of Federal Regulations

e-CFR data is current as of August 9, 2021

§1910.1024   Beryllium.
    (a) Scope and application. (1) This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in general industry, except those articles and materials exempted by paragraphs (a)(2) and (a)(3) of this standard.
    (2) This standard does not apply to articles, as defined in the Hazard Communication standard (HCS) (§1910.1200(c)), that contain beryllium and that the employer does not process.
    (3) This standard does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8-hour TWA under any foreseeable conditions.
    (b) Definitions. As used in this standard:
    Action level means a concentration of airborne beryllium of 0.1 micrograms per cubic meter of air (ug/m[3]) calculated as an 8-hour time-weighted average (TWA).
    Airborne exposure and airborne exposure to beryllium mean the exposure to airborne beryllium that would occur if the employee were not using a respirator.
    Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, United States Department of Labor, or designee.
    Beryllium lymphocyte proliferation test (BeLPT) means the measurement of blood lymphocyte proliferation in a laboratory test when lymphocytes are challenged with a soluble beryllium salt.
    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 chronic beryllium disease (CBD), beryllium sensitization is essential for development of CBD.
    Beryllium work area means any work area where materials that contain at least 0.1 percent beryllium by weight 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 action level.
    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.
    Chronic beryllium disease (CBD) means a chronic granulomatous lung disease caused by inhalation of airborne beryllium by an individual who is beryllium sensitized.
    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.
    Contaminated with beryllium and beryllium-contaminated mean contaminated with dust, fumes, mists, or solutions containing beryllium in concentrations greater than or equal to 0.1 percent 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 percent by weight;
    (2) Solutions containing beryllium in concentrations greater than or equal to 0.1 percent by weight; or
    (3) Visible dust, fumes, or mists containing beryllium in concentrations greater than or equal to 0.1 percent 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 percent by weight is not considered dermal contact under the standard.
    Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
    Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which may or does result in an uncontrolled and unintended release of airborne beryllium that presents a significant hazard.
    High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing particles 0.3 micrometers in diameter.
    Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating airborne exposure to beryllium associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher airborne exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
    Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows the individual to independently provide or be delegated the responsibility to provide some or all of the health care services required by paragraph (k) of this standard.
    Regulated area means an area, including temporary work areas where maintenance or non-routine tasks are performed, where an employee's airborne exposure exceeds, or can reasonably be expected to exceed, either the time-weighted average (TWA) permissible exposure limit (PEL) or short term exposure limit (STEL).
    This standard means this beryllium standard, 29 CFR 1910.1024.
    (c) Permissible Exposure Limits (PELs) -- (1) Time-weighted average (TWA) PEL. The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 0.2 ug/m[3] calculated as an 8-hour TWA.
    (2) Short-term exposure limit (STEL). The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 2.0 ug/m[3] as determined over a sampling period of 15 minutes.
    (d) Exposure assessment -- (1) General. 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 in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this standard.
    (2) Performance option. The employer must assess the 8-hour TWA exposure and the 15-minute short-term exposure for each employee on the basis of any combination of air monitoring data and objective data sufficient to accurately characterize airborne exposure to beryllium.
    (3) Scheduled monitoring option. (i) 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.
    (ii) The employer must perform initial monitoring to assess the short-term exposure from 15-minute personal breathing zone air samples measured in operations that are likely to produce airborne exposure above the STEL for each work shift, for each job classification, and in each work area.
    (iii) Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of these employees in order to meet the requirements of this paragraph (d)(3). In representative sampling, the employer must sample the employee(s) expected to have the highest airborne exposure to beryllium.
    (iv) If initial monitoring indicates that airborne exposure is below the action level and at or below the STEL, the employer may discontinue monitoring for those employees whose airborne exposure is represented by such monitoring.
    (v) Where the most recent exposure monitoring indicates that airborne exposure is at or above the action level but at or below the TWA PEL, the employer must repeat such monitoring within six months of the most recent monitoring.
    (vi) Where the most recent exposure monitoring indicates that airborne exposure is above the TWA PEL, the employer must repeat such monitoring within three months of the most recent 8-hour TWA exposure monitoring.
    (vii) Where the most recent (non-initial) exposure monitoring indicates that airborne exposure is below the action level, the employer must repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time the employer may discontinue 8-hour TWA exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (d)(4) of this standard.
    (viii) Where the most recent exposure monitoring indicates that airborne exposure is above the STEL, the employer must repeat such monitoring within three months of the most recent short-term exposure monitoring until two consecutive measurements, taken 7 or more days apart, are below the STEL, at which time the employer may discontinue short-term exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (d)(4) of this standard.
    (4) Reassessment of exposure. The employer must reassess airborne exposure whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional airborne exposure at or above the action level or STEL, or when the employer has any reason to believe that new or additional airborne exposure at or above the action level or STEL has occurred.
    (5) Methods of sample analysis. The employer must ensure that all air monitoring samples used to satisfy the monitoring requirements of paragraph (d) of this standard are evaluated by a laboratory that can measure beryllium to an accuracy of plus or minus 25 percent within a statistical confidence level of 95 percent for airborne concentrations at or above the action level.
    (6) Employee notification of assessment results. (i) Within 15 working days after completing an exposure assessment in accordance with paragraph (d) of this standard, the employer must notify each employee whose airborne exposure is represented by the assessment of the results of that assessment individually in writing or post the results in an appropriate location that is accessible to each of these employees.
    (ii) Whenever an exposure assessment indicates that airborne exposure is above the TWA PEL or STEL, the employer must describe in the written notification the corrective action being taken to reduce airborne exposure to or below the exposure limit(s) exceeded where feasible corrective action exists but had not been implemented when the monitoring was conducted.
    (7) Observation of monitoring. (i) The employer must provide an opportunity to observe any exposure monitoring required by this standard to each employee whose airborne exposure is measured or represented by the monitoring and each employee's representative(s).
    (ii) When observation of monitoring requires entry into an area where the use of personal protective clothing or equipment (which may include respirators) is required, the employer must provide each observer with appropriate personal protective clothing and equipment at no cost to the observer and must ensure that each observer uses such clothing and equipment.
    (iii) The employer must ensure that each observer follows all other applicable safety and health procedures.
    (e) Beryllium work areas and regulated areas -- (1) Establishment. (i) The employer must establish and maintain a beryllium work area wherever the criteria for a "beryllium work area" set forth in paragraph (b) of this standard are met.
    (ii) The employer must establish and maintain a regulated area wherever employees are, or can reasonably be expected to be, exposed to airborne beryllium at levels above the TWA PEL or STEL.
    (2) Demarcation. (i) The employer must identify each beryllium work area through signs or any other methods that adequately establish and inform each employee of the boundaries of each beryllium work area.
    (ii) The employer must identify each regulated area in accordance with paragraph (m)(2) of this standard.
    (3) Access. The employer must limit access to regulated areas to:
    (i) Persons the employer authorizes or requires to be in a regulated area to perform work duties;
    (ii) Persons entering a regulated area as designated representatives of employees for the purpose of exercising the right to observe exposure monitoring procedures under paragraph (d)(7) of this standard; and
    (iii) Persons authorized by law to be in a regulated area.
    (4) Provision of personal protective clothing and equipment, including respirators. The employer must provide and ensure that each employee entering a regulated area uses:
    (i) Respiratory protection in accordance with paragraph (g) of this standard; and
    (ii) Personal protective clothing and equipment in accordance with paragraph (h) of this 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:
    (A) A list of operations and job titles reasonably expected to involve airborne exposure to or dermal contact with beryllium;
    (B) A list of operations and job titles reasonably expected to involve airborne exposure at or above the action level;
    (C) A list of operations and job titles reasonably expected to involve airborne exposure above the TWA PEL or STEL;
    (D) Procedures for minimizing cross-contamination, including the transfer of beryllium between surfaces, equipment, clothing, materials, and articles within beryllium work areas;
    (E) Procedures for keeping surfaces as free as practicable of beryllium;
    (F) Procedures for minimizing the migration of beryllium from beryllium work areas to other locations within or outside the workplace;
    (G) A list of engineering controls, work practices, and respiratory protection required by paragraph (f)(2) of this standard;
    (H) A list of personal protective clothing and equipment required by paragraph (h) of this standard; and
    (I) Procedures for removing, laundering, storing, cleaning, repairing, and disposing of beryllium-contaminated personal protective clothing and equipment, including respirators.
    (ii) The employer must review and evaluate the effectiveness of each written exposure control plan at least annually and update it, as necessary, when:
    (A) Any change in production processes, materials, equipment, personnel, work practices, or control methods results, or can reasonably be expected to result, in new or additional airborne exposure to beryllium;
    (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
    (C) The employer has any reason to believe that new or additional airborne exposure is occurring or will occur.
    (iii) The employer must make a copy of the written exposure control plan accessible to each employee who is, or can reasonably be expected to be, exposed to airborne beryllium in accordance with OSHA's Access to Employee Exposure and Medical Records (Records Access) standard (§1910.1020(e)).
    (2) Engineering and work practice controls. (i) The employer must use engineering and work practice controls to reduce and maintain employee airborne exposure to beryllium to or below the PEL and STEL, unless the employer can demonstrate that such controls are not feasible. Wherever the employer demonstrates that it is not feasible to reduce airborne exposure to or below the PELs with engineering and work practice controls, the employer must implement and maintain engineering and work practice controls to reduce airborne exposure to the lowest levels feasible and supplement these controls using respiratory protection in accordance with paragraph (g) of this standard.
    (ii) For each operation in a beryllium work area that releases airborne beryllium, the employer must ensure that at least one of the following is in place to reduce airborne exposure:
    (A) Material and/or process substitution;
    (B) Isolation, such as ventilated partial or full enclosures;
    (C) Local exhaust ventilation, such as at the points of operation, material handling, and transfer; or
    (D) Process control, such as wet methods and automation.
    (iii) An employer is exempt from using the controls listed in paragraph (f)(2)(ii) of this standard to the extent that:
    (A) The employer can establish that such controls are not feasible; or
    (B) The employer can demonstrate that airborne exposure is below the action level, using no fewer than two representative personal breathing zone samples taken at least 7 days apart, for each affected operation.
    (3) Prohibition of rotation. The employer must not rotate employees to different jobs to achieve compliance with the PELs.
    (g) Respiratory protection -- (1) General. The employer must provide respiratory protection at no cost to the employee and ensure that each employee uses respiratory protection:
    (i) During periods necessary to install or implement feasible engineering and work practice controls where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL;
    (ii) During operations, including maintenance and repair activities and non-routine tasks, when engineering and work practice controls are not feasible and airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL;
    (iii) During operations for which an employer has implemented all feasible engineering and work practice controls when such controls are not sufficient to reduce airborne exposure to or below the TWA PEL or STEL;
    (iv) During emergencies; and
    (v) When an employee who is eligible for medical removal under paragraph (l)(1) chooses to remain in a job with airborne exposure at or above the action level, as permitted by paragraph (l)(2)(ii) of this standard.
    (2) Respiratory protection program. Where this standard requires an employer to provide respiratory protection, the selection and use of such respiratory protection must be in accordance with the Respiratory Protection standard (§1910.134).
    (3) The employer must provide at no cost to the employee a powered air-purifying respirator (PAPR) instead of a negative pressure respirator when:
    (i) Respiratory protection is required by this standard;
    (ii) An employee entitled to such respiratory protection requests a PAPR; and
    (iii) The PAPR provides adequate protection to the employee in accordance with paragraph (g)(2) of this standard.
    (h) Personal protective clothing and equipment -- (1) Provision and use. The employer must provide at no cost, and ensure that each employee uses, appropriate personal protective clothing and equipment in accordance with the written exposure control plan required under paragraph (f)(1) of this standard and OSHA's Personal Protective Equipment standards (subpart I of this part):
    (i) Where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; or
    (ii) Where there is a reasonable expectation of dermal contact with beryllium.
    (2) Removal and storage. (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.
    (ii) The employer must ensure that each employee removes beryllium-contaminated personal protective clothing and equipment as specified in the written exposure control plan required by paragraph (f)(1) of this standard.
    (iii) The employer must ensure that each employee stores and keeps beryllium-contaminated personal protective clothing and equipment separate from street clothing and that storage facilities prevent cross-contamination as specified in the written exposure control plan required by paragraph (f)(1) of this standard.
    (iv) The employer must ensure that no employee removes beryllium-contaminated personal protective clothing or equipment from the workplace, except for employees authorized to do so for the purposes of laundering, cleaning, maintaining or disposing of beryllium-contaminated personal protective clothing and equipment at an appropriate location or facility away from the workplace.
    (v) When personal protective clothing or equipment required by this standard is removed from the workplace for laundering, cleaning, maintenance or disposal, the employer must ensure that personal protective clothing and equipment are stored and transported in sealed bags or other closed containers that are impermeable and are labeled in accordance with paragraph (m)(3) of this standard and the HCS (§1910.1200).
    (3) Cleaning and replacement. (i) The employer must ensure that all reusable personal protective clothing and equipment required by this standard is cleaned, laundered, repaired, and replaced as needed to maintain its effectiveness.
    (ii) The employer must ensure that beryllium is not removed from beryllium-contaminated personal protective clothing and equipment by blowing, shaking, or any other means that disperses beryllium into the air.
    (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.
    (i) Hygiene areas and practices -- (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:
    (i) Provide readily accessible washing facilities in accordance with this standard and the Sanitation standard (§1910.141) to remove beryllium from the hands, face, and neck; and
    (ii) Ensure that employees who have dermal contact with beryllium wash any exposed skin at the end of the activity, process, or work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet.
    (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.
    (3) Showers. (i) The employer must provide showers in accordance with the Sanitation standard (§1910.141) where:
    (A) Airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; and
    (B) Employee's hair or body parts other than hands, face, and neck can reasonably be expected to become contaminated with beryllium.
    (ii) Employers required to provide showers under paragraph (i)(3)(i) of this standard must ensure that each employee showers at the end of the work shift or work activity if:
    (A) The employee reasonably could have had airborne exposure above the TWA PEL or STEL; and
    (B) The employee's hair or body parts other than hands, face, and neck could reasonably have become contaminated with beryllium.
    (4) Eating and drinking areas. Wherever the employer allows employees to consume food or beverages at a worksite where beryllium is present, the employer must ensure that:
    (i) Beryllium-contaminated surfaces in eating and drinking areas are as free as practicable of beryllium;
    (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
    (iii) Eating and drinking facilities provided by the employer are in accordance with the Sanitation standard (§1910.141).
    (5) Prohibited activities. The employer must ensure that no employees eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas.
    (j) Housekeeping -- (1) General. (i) The employer must maintain all surfaces in beryllium work areas and regulated areas as free as practicable of beryllium and in accordance with the written exposure control plan required under paragraph (f)(1) and the cleaning methods required under paragraph (j)(2) of this standard; and
    (ii) The employer must ensure that all spills and emergency releases of beryllium are cleaned up promptly and in accordance with the written exposure control plan required under paragraph (f)(1) and the cleaning methods required under paragraph (j)(2) of this standard.
    (2) Cleaning methods.
    (i) The employer must ensure that surfaces in beryllium work areas and regulated areas are cleaned by HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure.
    (ii) The employer must not allow dry sweeping or brushing for cleaning surfaces in beryllium work areas or regulated areas unless HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure are not safe or effective.
    (iii) The employer must not allow the use of compressed air for cleaning beryllium-contaminated surfaces unless the compressed air is used in conjunction with a ventilation system designed to capture the particulates made airborne by the use of compressed air.
    (iv) Where employees use dry sweeping, brushing, or compressed air to clean beryllium-contaminated surfaces, the employer must provide, and ensure that each employee uses, respiratory protection and personal protective clothing and equipment in accordance with paragraphs (g) and (h) of this standard.
    (v) The employer must ensure that cleaning equipment is handled and maintained in a manner that minimizes the likelihood and level of airborne exposure and the re-entrainment of airborne beryllium in the workplace.
    (3) Disposal, recycling, and reuse. (i) Except for intra-plant transfers, when the employer transfers materials that contain at least 0.1 percent 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 percent 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 percent 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 -- (1) General. (i) The employer must make medical surveillance required by this paragraph available at no cost to the employee, and at a reasonable time and place, to each employee:
    (A) Who is or is reasonably expected to be exposed at or above the action level for more than 30 days per year;
    (B) Who shows signs or symptoms of CBD or other beryllium-related health effects;
    (C) Who is exposed to beryllium during an emergency; or
    (D) Whose most recent written medical opinion required by paragraph (k)(6) or (k)(7) of this standard recommends periodic medical surveillance.
    (ii) The employer must ensure that all medical examinations and procedures required by this standard are performed by, or under the direction of, a licensed physician.
    (2) Frequency. The employer must provide a medical examination:
    (i) Within 30 days after determining that:
    (A) An employee meets the criteria of paragraph (k)(1)(i)(A), unless the employee has received a medical examination, provided in accordance with this standard, within the last two years; or
    (B) An employee meets the criteria of paragraph (k)(1)(i)(B) of this standard.
    (ii) At least every two years thereafter for each employee who continues to meet the criteria of paragraph (k)(1)(i)(A), (B), or (D) of this standard.
    (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.
    (3) Contents of examination. (i) The employer must ensure that the PLHCP conducting the examination advises the employee of the risks and benefits of participating in the medical surveillance program and the employee's right to opt out of any or all parts of the medical examination.
    (ii) The employer must ensure that the employee is offered a medical examination that includes:
    (A) A medical and work history, with emphasis on past and present airborne exposure to or dermal contact with beryllium, smoking history, and any history of respiratory system dysfunction;
    (B) A physical examination with emphasis on the respiratory system;
    (C) A physical examination for skin rashes;
    (D) Pulmonary function tests, performed in accordance with the guidelines established by the American Thoracic Society including forced vital capacity (FVC) and forced expiratory volume in one second (FEV1);
    (E) A standardized BeLPT or equivalent test, upon the first examination and at least every two years thereafter, unless the employee is confirmed positive. If the results of the BeLPT are other than normal, a follow-up BeLPT must be offered within 30 days, unless the employee has been confirmed positive. Samples must be analyzed in a laboratory certified under the College of American Pathologists/Clinical Laboratory Improvement Amendments (CLIA) guidelines to perform the BeLPT.
    (F) A low dose computed tomography (LDCT) scan, when recommended by the PLHCP after considering the employee's history of exposure to beryllium along with other risk factors, such as smoking history, family medical history, sex, age, and presence of existing lung disease; and
    (G) Any other test deemed appropriate by the PLHCP.
    (4) Information provided to the PLHCP. The employer must ensure that the examining PLHCP (and the agreed-upon CBD diagnostic center, if an evaluation is required under paragraph (k)(7) of this standard) has a copy of this standard and must provide the following information, if known:
    (i) A description of the employee's former and current duties that relate to the employee's airborne exposure to and dermal contact with beryllium;
    (ii) The employee's former and current levels of airborne exposure;
    (iii) A description of any personal protective clothing and equipment, including respirators, used by the employee, including when and for how long the employee has used that personal protective clothing and equipment; and
    (iv) Information from records of employment-related medical examinations previously provided to the employee, currently within the control of the employer, after obtaining written consent from the employee.
    (5) Licensed physician's written medical report for the employee. The employer must ensure that the employee receives a written medical report from the licensed physician within 45 days of the examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard) and that the PLHCP explains the results of the examination to the employee. The written medical report must contain:
    (i) A statement indicating the results of the medical examination, including the licensed physician's opinion as to whether the employee has:
    (A) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the employee is confirmed positive, as defined in paragraph (b) of this standard), that may place the employee at increased risk from further airborne exposure, and
    (B) Any medical conditions related to airborne exposure that require further evaluation or treatment.
    (ii) Any recommendations on:
    (A) The employee's use of respirators, protective clothing, or equipment; or
    (B) Limitations on the employee's airborne exposure to beryllium.
    (iii) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate, the written report must also contain a referral for an evaluation at a CBD diagnostic center.
    (iv) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for continued periodic medical surveillance.
    (v) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in paragraph (l) of this standard.
    (6) Licensed physician's written medical opinion for the employer. (i) The employer must obtain a written medical opinion from the licensed physician within 45 days of the medical examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard). The written medical opinion must contain only the following:
    (A) The date of the examination;
    (B) A statement that the examination has met the requirements of this standard;
    (C) Any recommended limitations on the employee's use of respirators, protective clothing, or equipment; and
    (D) A statement that the PLHCP has explained the results of the medical examination to the employee, including any tests conducted, any medical conditions related to airborne exposure that require further evaluation or treatment, and any special provisions for use of personal protective clothing or equipment;
    (ii) If the employee provides written authorization, the written opinion must also contain any recommended limitations on the employee's airborne exposure to beryllium.
    (iii) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate, and the employee provides written authorization, the written opinion must also contain a referral for an evaluation at a CBD diagnostic center.
    (iv) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for continued periodic medical surveillance.
    (v) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in paragraph (l) of this standard.
    (vi) The employer must ensure that each employee receives a copy of the written medical opinion described in paragraph (k)(6) of this standard within 45 days of any medical examination (including any follow-up BeLPT required under paragraph (k)(3)(ii)(E) of this standard) performed for that employee.
    (7) CBD diagnostic center. (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:
    (A) The employer's receipt of a physician's written medical opinion to the employer that recommends referral to a CBD diagnostic center; or
    (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.
    (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.
    (iii) The employer must ensure that the employee receives a written medical report from the CBD diagnostic center that contains all the information required in paragraph (k)(5)(i), (ii), (iv), and (v) of this standard and that the PLHCP explains the results of the examination to the employee within 30 days of the examination.
    (iv) The employer must obtain a written medical opinion from the CBD diagnostic center within 30 days of the medical examination. The written medical opinion must contain only the information in paragraph (k)(6)(i), as applicable, unless the employee provides written authorization to release additional information. If the employee provides written authorization, the written opinion must also contain the information from paragraphs (k)(6)(ii), (iv), and (v), if applicable.
    (v) The employer must ensure that each employee receives a copy of the written medical opinion from the CBD diagnostic center described in paragraph (k)(7) of this standard within 30 days of any medical examination performed for that employee.
    (vi) After an employee has received the initial clinical evaluation at a CBD diagnostic center described in paragraphs (k)(7)(i) and (ii) of this standard, the employee may choose to have any subsequent medical examinations for which the employee is eligible under paragraph (k) of this standard performed at a CBD diagnostic center mutually agreed upon by the employer and the employee, and the employer must provide such examinations at no cost to the employee.
    (l) Medical removal. (1) An employee is eligible for medical removal, if the employee works in a job with airborne exposure at or above the action level and either:
    (i) The employee provides the employer with:
    (A) A written medical report indicating a confirmed positive finding or CBD diagnosis; or
    (B) A written medical report recommending removal from airborne exposure to beryllium in accordance with paragraph (k)(5)(v) or (k)(7)(iii) of this standard; or
    (ii) The employer receives a written medical opinion recommending removal from airborne exposure to beryllium in accordance with paragraph (k)(6)(v) or (k)(7)(iv) of this standard.
    (2) If an employee is eligible for medical removal, the employer must provide the employee with the employee's choice of:
    (i) Removal as described in paragraph (l)(3) of this standard; or
    (ii) Remaining in a job with airborne exposure at or above the action level, provided that the employer provides, and ensures that the employee uses, respiratory protection that complies with paragraph (g) of this standard whenever airborne exposures are at or above the action level.
    (3) If the employee chooses removal:
    (i) If a comparable job is available where airborne exposures to beryllium are below the action level, and the employee is qualified for that job or can be trained within one month, the employer must remove the employee to that job. The employer must maintain for six months from the time of removal the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal.
    (ii) If comparable work is not available, the employer must maintain the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal for six months or until such time that comparable work described in paragraph (l)(3)(i) becomes available, whichever comes first.
    (4) The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from a publicly or employer-funded compensation program, or receives income from another employer made possible by virtue of the employee's removal.
    (m) Communication of hazards -- (1) General. (i) Chemical manufacturers, importers, distributors, and employers must comply with all requirements of the HCS (§1910.1200) for beryllium.
    (ii) In classifying the hazards of beryllium, at least the following hazards must be addressed: Cancer; lung effects (CBD and acute beryllium disease); beryllium sensitization; skin sensitization; and skin, eye, and respiratory tract irritation.
    (iii) Employers must include beryllium in the hazard communication program established to comply with the HCS. Employers must ensure that each employee has access to labels on containers of beryllium and to safety data sheets, and is trained in accordance with the requirements of the HCS (§1910.1200) and paragraph (m)(4) of this standard.
    (2) Warning signs. (i) Posting. The employer must provide and display warning signs at each approach to a regulated area so that each employee is able to read and understand the signs and take necessary protective steps before entering the area.
    (ii) Sign specification. (A) The employer must ensure that the warning signs required by paragraph (m)(2)(i) of this standard are legible and readily visible.
    (B) The employer must ensure each warning sign required by paragraph (m)(2)(i) of this standard bears the following legend:
  DANGER
  REGULATED AREA
  BERYLLIUM
  MAY CAUSE CANCER
  CAUSES DAMAGE TO LUNGS
  AUTHORIZED PERSONNEL ONLY
  WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT IN THIS AREA
    (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 DAMAGE TO LUNGS
  AVOID CREATING DUST
  DO NOT GET ON SKIN
    (4) Employee information and training. (i) For each employee who has, or can reasonably be expected to have, airborne exposure to or dermal contact with beryllium:
    (A) The employer must provide information and training in accordance with the HCS (§1910.1200(h));
    (B) The employer must provide initial training to each employee by the time of initial assignment; and
    (C) The employer must repeat the training required under this standard annually for each employee.
    (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:
    (A) The health hazards associated with airborne exposure to and dermal contact with beryllium, including the signs and symptoms of CBD;
    (B) The written exposure control plan, with emphasis on the location(s) of beryllium work areas, including any regulated areas, and the specific nature of operations that could result in airborne exposure, especially airborne exposure above the TWA PEL or STEL;
    (C) The purpose, proper selection, fitting, proper use, and limitations of personal protective clothing and equipment, including respirators;
    (D) Applicable emergency procedures;
    (E) Measures employees can take to protect themselves from airborne exposure to and dermal contact with beryllium, including personal hygiene practices;
    (F) The purpose and a description of the medical surveillance program required by paragraph (k) of this standard including risks and benefits of each test to be offered;
    (G) The purpose and a description of the medical removal protection provided under paragraph (l) of this standard;
    (H) The contents of the standard; and
    (I) The employee's right of access to records under the Records Access standard (§1910.1020).
    (iii) When a workplace change (such as modification of equipment, tasks, or procedures) results in new or increased airborne exposure that exceeds, or can reasonably be expected to exceed, either the TWA PEL or the STEL, the employer must provide additional training to those employees affected by the change in airborne exposure.
    (iv) Employee information. The employer must make a copy of this standard and its appendices readily available at no cost to each employee and designated employee representative(s).
    (n) Recordkeeping -- (1) Air monitoring data. (i) The employer must make and maintain a record of all exposure measurements taken to assess airborne exposure as prescribed in paragraph (d) of this standard.
    (ii) This record must include at least the following information:
    (A) The date of measurement for each sample taken;
    (B) The task that is being monitored;
    (C) The sampling and analytical methods used and evidence of their accuracy;
    (D) The number, duration, and results of samples taken;
    (E) The type of personal protective clothing and equipment, including respirators, worn by monitored employees at the time of monitoring; and
    (F) The name and job classification of each employee represented by the monitoring, indicating which employees were actually monitored.
    (iii) The employer must ensure that exposure records are maintained and made available in accordance with the Records Access standard (§1910.1020).
    (2) Objective data. (i) Where an employer uses objective data to satisfy the exposure assessment requirements under paragraph (d)(2) of this standard, the employer must make and maintain a record of the objective data relied upon.
    (ii) This record must include at least the following information:
    (A) The data relied upon;
    (B) The beryllium-containing material in question;
    (C) The source of the objective data;
    (D) A description of the process, task, or activity on which the objective data were based; and
    (E) Other data relevant to the process, task, activity, material, or airborne exposure on which the objective data were based.
    (iii) The employer must ensure that objective data are maintained and made available in accordance with the Records Access standard (§1910.1020).
    (3) Medical surveillance. (i) The employer must make and maintain a record for each employee covered by medical surveillance under paragraph (k) of this standard.
    (ii) The record must include the following information about each employee:
    (A) Name and job classification;
    (B) A copy of all licensed physicians' written medical opinions for each employee; and
    (C) A copy of the information provided to the PLHCP as required by paragraph (k)(4) of this standard.
    (iii) The employer must ensure that medical records are maintained and made available in accordance with the Records Access standard (§1910.1020).
    (4) Training. (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.
    (ii) This record must be maintained for three years after the completion of training.
    (5) Access to records. Upon request, the employer must make all records maintained as a requirement of this standard available for examination and copying to the Assistant Secretary, the Director, each employee, and each employee's designated representative(s) in accordance the Records Access standard (§1910.1020).
    (6) Transfer of records. The employer must comply with the requirements involving transfer of records set forth in the Records Access standard (§1910.1020).
    (o) Dates -- (1) Effective date. This standard shall become effective March 10, 2017.
    (2) Compliance dates. (i) Obligations contained in paragraphs (c), (d), (g), (k), and (l) of this standard: March 12, 2018;
    (ii) Change rooms and showers required by paragraph (i) of this standard: March 11, 2019;
    (iii) Engineering controls required by paragraph (f) of this standard: March 10, 2020; and
    (iv) All other obligations of this standard: December 12, 2018.
    (p) Appendix. Table A.1 in this appendix sets forth the operations that, where performed under the circumstances described in the column heading above the particular operations, trigger the requirement for a beryllium work area.
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