term ``visibly contaminated.'' For example, the Non-Ferrous Founder's
Society (NFFS) commented that the definition of ``visibly contaminated
with beryllium'' was not provided in the proposed rule and was vague
(Document ID 1679, p. 5). OSHA agrees that the term is ambiguous and
has chosen to remove the term visibly from the final standards. OSHA
has therefore relied on terminology that is commonly used in other
substance specific standards for metals, such as Chromium (VI) (29 CFR
1910.1026). NGK also recommended that OSHA insert the word
``particulate'' (Document ID 1663, pp. 3-4). OSHA declines to adopt
this suggestion. The addition of the term ``particulate'' is
unnecessary and may cause confusion since the final standards cover
beryllium in all forms, compounds, and mixtures. Several stakeholders
also weighed in on other aspects of these provisions. For example, NGK
and Materion offered comments on the proposed wording of the required
labels, which restated their requests that the cancer warnings be
struck from the proposed language (Document ID 1663, pp. 3-4; 1958, pp.
3-5). OSHA has decided to retain the cancer warning labeling
requirements in the final rule for the reasons discussed in response to
their comments on paragraph (m)(2) above.
    ORCHSE Strategies (ORCHSE) also commented on the labeling
requirements of containers and bags in paragraph (m)(3). First, it
argued that the provision would require the precautionary statements
``Avoid creating dust'' and ``Do not get on skin'' for all bags and
containers which it maintained is inconsistent with the HCS
precautionary statements (Document ID 1691, Attachment 1, p. 23). OSHA
acknowledges that these ``precautionary statements'' are not from
Appendix C of the HCS. However, OSHA is requiring alternate language
for the unique situation for bags of contaminated clothing or equipment
where workers handling these materials may not have access to other
more in-depth forms of information. The Agency is therefore requiring
that employers place appropriate warning language on bags and
containers containing beryllium-contaminated materials. This provision
is consistent with other substance-specific health standards.
    Second, ORSCHSE argued that the proposed labeling requirements are
inconsistent with the HCS. It stated that paragraph (m)(1) required
compliance with the HCS, which covers warning labels for hazardous
chemicals other than beryllium, ``so using the same standard for
beryllium labels would promote consistency throughout the workplace.''
Therefore, it suggested that paragraph (m)(3) be deleted, because
paragraph (m)(1) already requires observation of ``all requirements''
of the HCS. Additionally, ORCHSE commented that the HCS does not
require labeling for carcinogens on bags and containers unless the
concentration is 1% or more (Document ID 1691, Attachment 1, pp. 23-
24).
    After considering these comments and the record on this issue, OSHA
has decided to retain proposed paragraph (m)(3) with the minor
alteration described above. The final provision, which appears in
paragraph (m)(3) of the final standards for general industry and
shipyards and paragraph (m)(2) of the final standard for construction,
requires employers to label each bag and container of clothing,
equipment, and materials contaminated with beryllium. The required
label must, at a minimum, include the language specified in the
proposal. The warning label language for the signal word (danger) and
hazard statements (may cause cancer) are consistent with the GHS.
However, OSHA has decided that the precautionary statements needed to
be slightly different due to the nature of the exposure and the fact
that sensitization can result from short term exposures (see Health
Effects section V of this preamble).
    While ORCHSE correctly notes that the HCS contains a concentration
cutoff (0.1% for category 1 carcinogens, and 1% for category 2
carcinogens), that cutoff is difficult to apply in the case of clothing
or other material that has been contaminated with beryllium-containing
dust. As a practical matter, it may be difficult to determine whether
the cutoffs have been exceeded with dust contamination. Moreover, the
cutoffs were developed for mixtures that are products and more
homogeneous in nature, rather than materials contaminated with dust. If
contaminated clothing or other materials are handled in a way that
generates dust, exposures of concern might occur more readily than with
homogenous mixtures of similar concentration. OSHA believes the clearer
approach is to require all contaminated materials with a uniform
labelling scheme, as it has for other substance-specific standards
(e.g., Lead, 29 CFR 1910.1025; Cadmium, 29 CFR 1910.1027; Coke Oven
Emissions, 29 CFR 1910.1029). Including this provision will ensure that
downstream workers who might receive the contaminated material have
notice of the contamination. As discussed in the summary and
explanation for paragraph (b) the term ``materials'' includes waste,
scrap, debris, and any other items contaminated with beryllium.
    The Agency finds that the final labeling requirements will help
ensure that all affected employees, not only the employees of a
particular employer, are apprised of the presence of beryllium-
containing materials and the hazardous nature of beryllium exposure.
With this knowledge, employees can take steps to protect themselves
through proper work practices established by their employers. Employees
are also better able to alert their employers if they believe exposures
or skin contamination can occur.
    Proposed paragraph (m)(4) contained requirements for employee
information and training. The proposed provisions applied to each
employee who is or can reasonably be expected to be exposed to airborne
beryllium. ORCHSE strongly urged OSHA to rewrite this provision to
align with the HCS training, arguing that ``there is no need to include
chemical hazard training requirements in a substance specific
standard'' (Document ID 1691, Attachment 1, p. 20). While OSHA agrees
that the HCS is designed to cover all chemical hazards in the
workplace, an employer may choose to train by specific chemical or by
hazard. In this substance specific standard, OSHA find that employees
need to be trained on the hazards specifically associated with
beryllium, in addition to the training they receive under the HCS.
These types of requirements are not uncommon in substance specific
hazards. For example, the Lead standard requires annual training on the
specific hazards associated with lead exposure (see 29 CFR 1910.1025
(l)(1)). Consequently, OSHA is not persuaded by ORCHSE that OSHA should
substantially change the training provisions in the final rule.
    The Boeing Company (Boeing) suggested that OSHA add the text
``within the scope of this standard'' to the end of this requirement
(Document ID 1667, p. 7). It contended that its

recommended language would ``set a measurable boundary consistent with
the scope of the standard,'' while the proposal would create an ``open
ended boundary that would confuse compliance efforts.'' OSHA has
considered the suggestion but does not find Boeing's argument
persuasive. OSHA does not believe this adds additional clarity to
employer on which employees should be trained. OSHA expects that once
the employer is covered under the standard they are in the best
position to determine who would be potentially exposed to beryllium.
Additionally, this language is consistent with other substance specific
standards, such as Benzene (29 CFR 1910.1028).
    NGK also commented on the proposed trigger. Specifically, it
suggested the training requirements should be consistent with the lead
standard (29 CFR 1910.1025(l)(1)(ii)) in that the training should be
done for those workers exposed above the action level (Document ID
1663, p. 4). OSHA declines to adopt this suggestion. As discussed in
Section V, Health Effects, and Section VI, Risk Assessment, risk of
material impairment to health remains at exposure levels below the
action level. Because of this risk, OSHA concludes that it is necessary
and appropriate to train all employees who may be exposed to airborne
beryllium at any level. The Agency finds that all such employees will
benefit from this training. Therefore, OSHA is continuing to trigger
the training requirements proposed in paragraph (m)(4)(i) based on
airborne exposure, or anticipated exposure, at any level. The final
provisions are contained in paragraph (m)(4)(i) of the standards for
general industry and shipyards and paragraph (m)(3)(i) of the standard
for construction.
    Proposed paragraph (m)(4)(i)(A) required employers to provide
employees who are or can reasonably be expected to be exposed to
airborne beryllium with information and training in accordance with the
requirements of the HCS (29 CFR 1910.1200(h)), including specific
information on beryllium as well as any other hazards addressed in the
workplace hazard communication program.
    OSHA did not receive any objections to or comments on this
provision. After a review of the rulemaking record, the Agency
continues to believe that the provision of information and training in
accordance with the HCS will benefit employees. For example, under the
HCS, employers must provide their employees with information such as
the location and availability of the written hazard communication
program, including lists of hazardous chemicals and safety data sheets,
and the location of operations in their work areas where hazardous
chemicals are present. The HCS also requires employers to train their
employees on ways to detect the presence or release of hazardous
chemicals in the work area, such as any monitoring conducted, the
physical and health hazards of the chemicals in the work area, measures
employees can take to protect themselves, and the details of the
employer's hazard communication program (29 CFR 1910.1200(h)(3)).
Therefore, OSHA has included proposed paragraph (m)(4)(i)(A)
substantively unchanged from the proposal in paragraph (m)(4)(i)(A) of
the final standards for general industry and shipyards and paragraph
(m)(3)(i)(A) of the final standard for construction.
    Proposed paragraphs (m)(4)(i)(B) and (C) specified when an
employer's obligation to train covered employees should begin and how
often training should occur. Proposed paragraph (m)(4)(i)(B) required
initial training by the time of initial assignment, which means before
the employee's first day of work in a job that could reasonably be
expected to involve exposure to airborne beryllium. Under proposed
paragraph (m)(4)(i)(C), employers were required to repeat training at
least annually thereafter. USW supported the requirement of initial and
annual training for workers who are or can be reasonably expected to be
exposed to beryllium (Document ID 1681, p. 15).
    After reviewing the record on this topic, OSHA has decided to
retain proposed paragraphs (m)(4)(i)(B) and (m)(4)(i)(C) in paragraph
(m)(4)(i)(B) and (C) of the final standards for general industry and
shipyards and paragraph (m)(3)(i)(B) and (C) of the final standard for
construction. OSHA finds that initial training and annual retraining
are necessary due to the serious and debilitating health effects of
beryllium exposure, and for reinforcement of employees' knowledge of
those hazards. The initial training requirement is consistent with the
HCS, which requires that employers provide employees with effective
information and training on hazardous chemicals in their work area at
the time of their initial assignment (29 CFR 1910.1200(h)(1)). In
addition, while the triggers may be slightly different, the initial and
annual training requirement are consistent with other OSHA standards
such as those for Lead (29 CFR 1910.1025), Cadmium (29 CFR 1910.1027),
Benzene (29 CFR 1910.1028), Coke Oven emissions (29 CFR 1910.1029),
Cotton Dust (29 CFR 1910.1043), and 1,3-Butadiene (29 CFR 1910.1051).
    Proposed paragraph (m)(4)(ii) required the employer to ensure that
each employee who is or can reasonably be expected to be exposed to
airborne beryllium can demonstrate knowledge of nine enumerated
categories of information. ORCHSE and NGK objected to this proposed
requirement. ORCHSE suggested that OSHA replace ``can demonstrate
knowledge of'' with ``has been informed of'' in paragraph (m)(4)(ii).
ORCHSE also argued that employers can control what information they
provide, but cannot control what information the employee retains, and
a literal interpretation of the requirement that employees must
``demonstrate knowledge of'' the nine enumerated categories of
information will result in citations whenever ``any employee, at any
moment, is unable to recite detail'' on those topics (Document ID 1691,
Attachment 1, pp. 21-23). Similarly, NGK commented that the requirement
that employers must ensure that employees who may be exposed to
beryllium can demonstrate knowledge of enumerated subjects should be
replaced with a requirement that employers ensure employee
participation in a training program, consistent with the lead standard
(29 CFR 1910.1025(l)(1)(ii)) (Document ID 1663, p. 4).
    OSHA does not find these arguments persuasive. Because beryllium is
a hazardous chemical with serious and debilitating health effects, it
is imperative that employers can ensure that employees can demonstrate
that they understand the material and have knowledge of the topics
covered during the training sessions, as previously indicated. To
adjust the text to read ``has been informed of'' or to require the
employer to ensure employee participation in training will not ensure
employee comprehension and consequently could lead to employees not
understanding the health effects associated with beryllium exposure and
safety concerns to protect themselves from exposure. This language
would also be inconsistent with the HCS, which requires effective
training which OSHA indicates must be in a manner which an employee
comprehends.
    The Agency understands that employers would like more clarity on
how to determine whether training requirements are met. However, OSHA
has decided that the training requirements under the final beryllium
standards, like those in HCS, are best accomplished when they are
performance-oriented. But, as in past

standards, the Agency does offer some suggestions.
    First, although OSHA finds that the employer is in the best
position to determine how the training can most effectively be
accomplished, the Agency notes that hands-on training, videotapes, DVD
or slide presentations, classroom instruction, informal discussions
during safety meetings, written materials, or any combination of these
methods may be appropriate. Second, to ensure that employees comprehend
the material presented during training, it is critical that trainees
have the opportunity to ask questions and receive answers if they do
not fully understand the material that is presented to them. When
videotape presentations or computer-based programs are used, this
requirement may be met by having a qualified trainer available to
address questions after the presentation, or providing a telephone
hotline so that trainees will have direct access to a qualified
trainer. Although it is important that employees be able to ask
questions, OSHA finds that the employer is in the best position to
determine whether the instructor must be available for questions during
training or if an instructor or trainer can answer questions after the
training session. Such performance-oriented requirements are intended
to encourage employers to tailor training to the needs of their
workplaces, thereby resulting in the most effective training program
for each workplace.
    Third, in addition to being performance-oriented, these training
requirements are also results-oriented. As discussed in the respirable
crystalline silica standard, there are a variety of methods employers
can use to determine whether employees have the requisite knowledge.
For example, employers may choose to facilitate discussions of the
required training subjects or administer written tests or oral quizzes.
Any of these methods could alert an employer to an employee knowledge
gap.
    Finally, OSHA has included a modification in the final standards
that was prompted by ORCHSE and NGK's questions. In the final standards
(paragraph (m)(4)(ii) of the standards for general industry and
shipyards and paragraph (m)(3)(ii) of the standard for construction),
OSHA requires that the employer must ensure that employees demonstrate
understanding, in addition to knowledge. As discussed above this is
consistent with the HCS and emphasizes that it is not enough for an
employee to simply be provided with the information; the employer must
also ensure that the employee understands the topics on which he or she
is trained.
    This change is consistent with Assistant Secretary David Michaels'
memorandum to OSHA Regional Administrators (Document ID 1754, p. 2).
The memorandum explains that because employees have varying educational
levels, literacy, and language skills, training must be presented in a
language, or languages, and at a level of understanding that accounts
for these differences in order to ensure that employees understand the
training. As stated by Assistant Secretary Michaels:

    [A]n employer must instruct its employees using both a language
and vocabulary that the employees can understand. For example, if an
employee does not speak or comprehend English, instruction must be
provided in a language that the employee can understand. Similarly,
if the employee's vocabulary is limited, the training must account
for that limitation. By the same token, if employees are not
literate, telling them to read training materials will not satisfy
the employer's training obligation (Document ID 1754, p. 2).

This may mean, for example, providing materials, instruction, or
assistance in Spanish rather than or in addition to English if some of
the employees being trained are Spanish-speaking and do not understand
English. However, the employer is not required to provide training in
the employee's preferred language if the employee understands the
language used for training.
    Finally, Boeing suggested that OSHA add the text ``or equally as
effective documentation'' to paragraph (m)(4)(ii)(B), so that the
employer could satisfy its obligations by ensuring that employees who
are or can reasonably be expected to be exposed to airborne beryllium
could demonstrate knowledge of ``[t]he written exposure control plan,
or equally as effective documentation, with emphasis on the location(s)
of beryllium work areas, including any regulated areas, and the
specific nature of operations that could result in employee exposure,
especially employee exposure above the TWA PEL or STEL.'' They contend
that this added language would allow employers ``to provide the
required information through the use of existing processes instead of
through the creation of a second redundant document'' (Document ID
1667, p. 7).
    OSHA has considered Boeing's suggestion but does not find its
arguments persuasive. Paragraph (m)(4)(ii)(B) of the final standards
specifically requires the employer to ensure that employees can
demonstrate understanding and knowledge of the topics covered in the
written control plan, not from a similar document. The suggested
language makes it unclear whether the employee would get the
appropriate training needed and still gain the same knowledge and
understanding required by the beryllium standard. OSHA, therefore, has
decided to retain paragraph (m)(4)(ii)(B)'s requirements from the
proposed rule in these final standards. That said, employers are free
to incorporate their current exposure control program into the written
control program required by paragraph (f)(1) if their program meets the
requirements of that paragraph. If they do so, and train their
employees on that program, paragraph (m)(4)(ii)(B) requires no ``second
redundant document.''
    Proposed paragraph (m)(4)(ii)(A)-(I) specified the contents of
training for employees who are or can reasonably be expected to be
exposed to airborne beryllium. The proposed list required employers to
ensure that employees can demonstrate knowledge of: (1) The health
hazards associated with exposure to soluble beryllium compounds,
including the signs and symptoms of CBD; (2) the written exposure
control plan, with emphasis on the location(s) of beryllium work areas,
including any regulated areas, and the specific nature operations that
could result in employee exposure, especially employee exposure above
the TWA PEL or STEL; (3) the purpose, proper selection, fitting, proper
use, and limitations of personal protective clothing and equipment,
including respirators; (4) applicable emergency procedures; (5)
measures employees can take to protect themselves from exposure to
beryllium and contact with soluble beryllium compounds, including
personal hygiene practices; (6) 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; (7)
the purpose and a description of the medical removal protection
provided under paragraph (l) of this standard; (8) the contents of this
standard; and (9) the employee's right of access to records under the
Records Access Standard (29 CFR 1910.1020).
    Stakeholders offered several comments on these proposed training
topics. For example, ORCHSE commented that the employer should just
``provide information and training as specified in the HCS'' (Document
1691, Attachment 1, p. 23). OSHA has chosen not to adopt this
suggestion because it finds that employees need training specific to
beryllium and its hazards, not only the general training

required by the HCS on the hazards in the workplace. The Agency
concludes that providing information and training on the topics
proposed is essential to ensuring that employees are informed about the
hazards attributed to beryllium exposures, the measures necessary to
protect themselves, and the rights accorded to them under these
standards.
    Stakeholder comments support OSHA's finding that training will lead
to better work practices and hazard avoidance. For example, in hearing
testimony, Chris Trahan from North America's Building Trades Unions
(NABTU) commented that in construction, she does not ``see a high level
of awareness about hazards related to beryllium'' (Document ID 1756,
pp. 207-08). NABTU also commented that it ``developed a survey to
determine the level of awareness of beryllium hazards and knowledge of
exposures among building trades trainers,'' and found widespread
ignorance of beryllium health risks even among survey respondents
responsible for delivering hazard awareness training (Document ID 1679
p. 5). Ashlee Fitch from the USW testified that in her experience in
abrasive blasting, there was no training specific to what the material
contained, and ``the health effects associated with . . . blasting
media'' were not discussed (Document ID 1756, p. 247). Thus, OSHA
concludes that mandating information and training on the topics
specific to beryllium as outlined in proposed paragraph (m)(4)(ii) is
particularly important.
    In light of these comments, OSHA reaffirms its finding that all
nine of the training topics listed in proposed paragraph (m)(4)(ii)(A)-
(I) should be included in the final standards. The Agency has thus
retained these topics in final paragraphs (m)(4)(ii)(A)-(I) of the
standards for general industry and shipyards and paragraph
(m)(3)(ii)(A)-(I) of the standard for construction, with minor
alterations for consistency with triggers that were updated from the
proposal to the final. For example, OSHA has changed the (m)(4)(ii)(A)
from ``contact with soluble beryllium'' to ``contact with beryllium.''
    OSHA is not mandating additional training for a competent person in
paragraph (m) of the standards for construction. As discussed in more
detail in the summary and explanation of Written Exposure Control Plan,
the knowledge required by an individual implementing the written
exposure control plan required by these standards already ensure a high
level of competence. OSHA recognizes that there may be situations in
which an employee needs additional training in order to ensure that he
or she has the knowledge, skill, and ability to be a designated
competent person, but because of unique scenarios in the construction
and shipyard environments, those training requirements would vary
widely. OSHA concludes, therefore, that it is the employer's
responsibility to identify and provide any additional training that the
competent person would need to implement the written exposure control
plan.
    Proposed paragraph (m)(4)(iii) required employers to provide
additional training when workplace changes (such as modification of
equipment, tasks, or procedures) result in new or increased employee
exposure that exceeds or can reasonably be expected to exceed either
the TWA PEL or the STEL. OSHA did not receive any comments on this
provision, and retains it in the final to ensure that employees are
aware of new or additional hazards. This training must be provided at
the time of (or prior to) the new or increased exposure, even if a year
has not passed since the previous training. New training would be
required under the standard if the employer changes work production
operations or personnel in a way that would require equipment to be
operated differently to avoid exposures above the TWA PEL or STEL.
Additional training would also be required if employers introduce new
production or personal protective equipment to employees who do not yet
know how to properly use the new equipment. Misuse of either the new
production equipment or PPE could result in new exposures above the TWA
PEL or STEL. Similarly, employers must provide additional training
before employees repair or upgrade engineering controls if exposures
during these activities will exceed or can reasonably be expected to
exceed either the TWA PEL or the STEL. OSHA has concluded that the
additional training requirement in this final rule is essential because
it ensures that employees are able to actively participate in
protecting themselves under the conditions found in the workplace, even
if those conditions change.
    Proposed paragraph (m)(4)(iv) required the employer to make a copy
of the standard and its appendices readily available at no cost to each
employee and designated employee representative(s). OSHA did not
receive any comments on this provision, and the Agency has retained the
requirement in paragraph (m)(4)(iv) of the standards for general
industry and shipyards and paragraph (m)(3)(iv) of the standard for
construction. This is a common requirement in OSHA standards such as
Chromium (VI) (29 CFR 1910.1026), Acrylonitrile (29 CFR 1910.1045),
respirable crystalline silica (29 CFR 1910.1053), and Cotton Dust (29
CFR 1910.1043). The provision leaves employers free to determine the
best way to make the standard available, which could include giving the
employer a copy of the standard or placing a printed or electronic copy
in a central location that the employees can easily access. In order to
help ensure employees are protected against beryllium hazards, they
need to be familiar with and have access to the beryllium standard
applicable to their workplace (general industry, shipyard, or
construction), and be aware of the employer's obligations to comply
with it.

(n) Recordkeeping

    Paragraph (n) of the final standards for general industry,
construction, and shipyards sets forth the employer's obligation to
comply with requirements to maintain records of air monitoring data,
objective data, medical surveillance, and training. The recordkeeping
requirements are in accordance with section 8(c) of the OSH Act (29
U.S.C. 657(c)), which authorizes OSHA to require employers to keep and
make available records as necessary or appropriate for the enforcement
of the Act or for developing information regarding the causes and
prevention of occupational injuries and illnesses. The recordkeeping
provisions are also consistent with OSHA's Access to Employee Exposure
and Medical Records (Records Access) standard at 29 CFR 1910.1020,
which addresses access to employee exposure and medical records.
    As discussed in more detail below, the recordkeeping requirements
in the final standards are similar to those included in the proposal.
In the proposed rule, OSHA identified recordkeeping requirements for
exposure measurements, historical monitoring data, objective data,
medical surveillance, and training, and required employers to comply
with Record Access standard requirements regarding access to and
transfer of these records. Ameren Corporation (Ameren) expressed
support for these requirements (Document ID 1675, p. 7). All other
comments regarding the recordkeeping requirements focused on specific
areas of the recordkeeping requirements and are discussed in the
appropriate subject section.
    Proposed paragraph (n)(1)(i) required employers to maintain records
of all

measurements taken to monitor employee exposure to beryllium as
required by paragraph (d) of the standard. OSHA did not receive
comments on this provision and has decided to retain it in the final
rule, in part, because it will enable both employers and OSHA to ensure
compliance with exposure assessment requirements under paragraph (d) of
the standards. It will also allow employers to ascertain which of the
final standards' provisions that are triggered at various exposure
levels apply to their employees. Thus, OSHA is retaining the proposed
provision with one minor modification. Specifically, the Agency has
added the words ``make and'' prior to ``maintain'' in order to clarify
that the employer's obligation is to create and preserve such records.
This clarification has also been made for other records required by the
final beryllium standards. The revised language is consistent with
OSHA's Records Access standard, which refers to employee exposure and
medical records that are made or maintained (29 CFR 1910.1020(b)(3)).
    Proposed paragraph (n)(1)(ii) required that records of all
measurements taken to monitor employee exposure include at least the
following information: The date of measurement for each sample taken;
the operation being monitored; the sampling and analytical methods used
and evidence of their accuracy; the number, duration, and results of
samples taken; the type of personal protective clothing and equipment,
including respirators, worn by monitored employees at the time of
monitoring; and the name, social security number, and job
classification of each employee represented by the monitoring,
indicating which employees were actually monitored.
    The Sampling and Analysis Subcommittee Task Group of the Beryllium
Health and Safety Committee (BHSC Task Group) recommended that the
recordkeeping provision should include the purpose and rationale for
the sampling performed as this would show that the exposure monitoring
requirements are being met (Document ID 1665, p. 2). After careful
consideration, OSHA has decided not to require that records include the
purpose and rationale for the sampling. The Agency points out that the
purpose and rationale for the sampling performed are dictated by the
exposure assessment provision in paragraph (d), which requires the
employer to assess the airborne exposure of each employee who is or may
reasonably be expected to be exposed to airborne beryllium in
accordance with either a performance option or the scheduled monitoring
option. The air monitoring requirements described in paragraph (d) and
the air monitoring data retention described in this section (paragraph
(n)) provide adequate information to show whether the exposure
monitoring requirements are being met. Furthermore, paragraphs
(n)(1)(ii)(A)-(F) of the standards are generally consistent with other
OSHA standards, such as respirable crystalline silica (29 CFR
1910.1053), chromium (VI) (29 CFR 1910.1026), and methylene chloride
(29 CFR 1910.1052).
    OSHA received several comments regarding the requirement in
paragraph (n)(1)(ii)(F) that the employer include employee social
security numbers in exposure measurement records. The American Dental
Association (ADA), the Boeing Company (Boeing), and ORCHSE Strategies
(ORCHSE) cited employee privacy and identity theft concerns (Document
ID 1597, p. 4 (pdf); 1667, pp. 7-8; 1691, Attachment 1, p. 19). Boeing
and ORCHSE suggested the use of an identifier other than the social
security number, such as an employee identification number or another
unique personal identification number. The ADA recommended that
employers with fewer than ten employees should not be required to
include employee social security numbers in records required by the
standard. It further stated that some state statutes ``impose data
security and breach notification requirements on those who collect
social security numbers,'' and in small businesses, ``the risk to
employees of identity theft outweighs the difficulty of identifying
employee records'' (Document ID 1597, p. 2-4 (pdf)).
    OSHA has considered these comments and decided to retain the
requirement for including the employee's social security number in the
recordkeeping requirements of the rule. The requirement to use an
employee's social security number is a long-standing OSHA practice,
because a social security number is unique to an individual, is
retained for a lifetime, and does not change when an employee changes
employers. The social security number is therefore a useful tool for
evaluating an individual's exposure over time, particularly where
exposures are associated with chronic beryllium disease (CBD), which
has a varying rate of progression during which time an employee may
have several employers or had beryllium exposure sometime in the past.
    OSHA recognizes the privacy concerns expressed by commenters
regarding this requirement, and understands the need to balance that
interest against the public health interest in requiring the social
security identifier. Instances of identity theft and breaches of
personal privacy are widely reported and concerning. However, OSHA has
concluded that this rule should adhere to the past, consistent practice
of requiring employee social security numbers on exposure records
mandated by every OSHA substance-specific health standard, and that any
change to the Agency's requirements for including employee social
security numbers on exposure records should be comprehensive and apply
to all OSHA standards, not just the standards for beryllium.
    OSHA is proposing to delete the requirement that employers include
employee social security numbers in records required by its substance-
specific standards in the Agency's Standards Improvement Project--Phase
IV (SIP-IV) proposed rule (81 FR 68504, 68526-68528 (10/4/16)). OSHA
will revisit, if necessary, its decision to require employers to
maintain employee social security numbers in beryllium records in light
of the decision it makes in the SIP-IV rulemaking. In the meantime,
OSHA has included the requirement to use and retain social security
numbers in the final standards.
    The ADA also urged OSHA to pursue Regulatory Alternative #1b, which
would exempt, except for recordkeeping purposes, operations where the
employer can show that employee exposures will not meet or exceed the
action level or exceed the STEL. It further argued under this option
that OSHA should limit employers' recordkeeping requirements to those
records that show that employees' exposure will not meet or exceed the
action level or exceed the STEL (Document ID 1597, p. 3 (pdf)). It
maintained that this is reasonable because the ``employees are not at
significant risk of exposure'' and ``the record retention period is
onerous'' (Document ID 1597, p. 3 (pdf)).
    OSHA disagrees with this suggestion for several reasons. First, the
OSH Act states that standards adopted by OSHA must require employers
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.'' OSH Act Sec.  8(c)(3). Thus, on its
face, the Act requires records of all exposure measurements required by
the final standards to be maintained, not just high ones. The OSH Act
also requires that employees have access to exposure records, (id.),
and requiring the employer to maintain those records helps to fulfill
that right. Further, as discussed in Section V,

Health Effects, and Section VII, Significant Risk, employees who are
exposed below the action level may still be at risk. Maintaining
records of those exposures may assist in the diagnosis of employee
disease long after the exposure occurs. It also allows employees to
have confidence that their exposures are within the requirements of the
final standards, and valuable insights about exposure control methods
may be gained through the review of exposure records, even those that
are below the action level. In addition, as the Supreme Court noted in
the Benzene case, air monitoring and medical testing, when done for
employees exposed below the PEL, ``keep a constant check on the
validity of the assumptions made in developing'' the PEL, giving a
basis to lower the PEL if necessary. Benzene, 448 U.S. at 657-58.
Requiring the employers to maintain those records furthers that
purpose. Other OSHA substance-specific rules also require employee
exposure records to be maintained, regardless of exposure level, such
as the standards addressing exposure to respirable crystalline silica
(29 CFR 1910.1053), methylene chloride (29 CFR 1910.1052), and chromium
(VI) (29 CFR 1910.1026).
    Second, employee information and training requirements under
paragraph (m) of the standards apply to each employee who is or can
reasonably be expected to be exposed to airborne beryllium. As
discussed in paragraph (m) of the Summary and Explanation in this
preamble, OSHA finds that all employees who are or can be reasonably
expected to be exposed in this manner will benefit from the specified
forms of training. The creation and maintenance of training records
will permit both OSHA and employers to ensure that the required
training has occurred on schedule. Finally, OSHA notes that employers
may reduce their recordkeeping burden in some cases by ensuring their
employees are only exposed below the action level. For example, under
paragraph (k), employers are required to offer medical surveillance
those employees who meet certain exposure thresholds. By keeping
exposures level below the action level, employers decrease the
likelihood that their employees will fall into one of the enumerated
groups. If employers do not have any employees covered by medical
surveillance under paragraph (k), then they have no medical
surveillance records to retain under these standards.
    As to the expense and difficulty of maintaining the records
required under these standards, OSHA recognizes that there will be
time, effort, and expense involved in maintaining medical records.
However, as stated earlier, OSHA expects that employers will have a
system for maintaining these records, just as they do for their other
business records. In addition, the Agency allows employers to use
whatever method works best for them in meeting these requirements,
paper or electronic (29 CFR 1910.1020(d)(2)).
    In summary, paragraph (n)(1)(ii) in the final standards is
substantively unchanged from the proposed rule. However, OSHA has made
one editorial modification to paragraph (n)(1)(ii)(B), which is to
change ``operation'' to ``task.'' Both ``task'' and ``operation'' are
commonly used in describing work. However, OSHA uses the term ``task''
throughout the rule, and the Agency is using ``task'' in the
recordkeeping provision for consistency and to avoid any potential
misunderstanding that could result from using a different term. This
editorial change neither increases nor decreases an employer's
obligations as set forth in the proposed rule. The requirements of
paragraph (n)(1)(ii) are generally consistent with those found in other
OSHA standards, such as the standards for respirable crystalline silica
(29 CFR 1910.1053), methylene chloride (29 CFR 1910.1052), and chromium
(VI) (29 CFR 1910.1026).
    Proposed paragraph (n)(1)(iii) required the employer to maintain
exposure records in accordance with OSHA's Records Access standard,
which specifies that exposure records must be maintained for 30 years
(29 CFR 1910.1020(d)(1)(ii)). The Agency did not receive comment on
this provision. However, OSHA has changed the requirement that the
employer ``maintain this record as required by'' OSHA's Records Access
standard to ``ensure that exposure records are maintained and made
available in accordance with'' that standard. OSHA believes that the
language of the final standard more clearly conveys the Agency's intent
that in addition to maintaining records, employers must make records
available to employees and others as specified in the Records Access
standard. As noted above, this clarifying change is editorial and
neither increases nor decreases an employer's obligations as set forth
in the proposed rule. This clarification has also been made for other
records required by the final beryllium standards.
    Proposed paragraph (n)(2) contained the requirement to retain
records of any historical monitoring data used to satisfy the proposed
standard's the initial monitoring requirements. As explained in the
Summary and Explanation of paragraphs (b) and (d) in this preamble, the
definition of the term ``objective data'' in the final rule includes
all information that demonstrates airborne exposure to beryllium
associated with a particular product or material or a specific process,
task, or activity. Historical data that reflects 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 would be
considered objective data under the final rule. The requirement to keep
records of objective data is addressed under a separate paragraph.
Therefore, OSHA has chosen to delete the separate recordkeeping
requirement for historical data.
    Proposed paragraph (n)(3) contained the requirements to keep
accurate records of objective data. Proposed paragraph (n)(3)(i)
required employers to establish and maintain accurate records of the
objective data relied upon to satisfy the requirement for initial
monitoring in proposed paragraph (d)(2). Under proposed paragraph
(n)(3)(ii), the record was required to contain at least the following
information: The data relied upon; the beryllium-containing material in
question; the source of the data; a description of the operation
exempted from initial monitoring and how the data supported the
exemption; and other information demonstrating that the data met the
requirements for objective data in accordance with paragraph
(d)(2)(ii).
    OSHA did not receive comments regarding this provision, and the
Agency finds that it should be included in the final rule. Since
objective data may be used to exempt the employer from certain types of
monitoring, as specified in paragraph (d), it is critical that the use
of these types of data be carefully documented. Objective data are
intended to provide the same degree of assurance that employee
exposures have been correctly characterized as would exposure
assessment. The specified content elements are required to ensure that
the records are capable of demonstrating to OSHA a reasonable basis for
the conclusions drawn by the employer from the objective data.
    Therefore, OSHA has included proposed paragraph (n)(3) as paragraph
(n)(2) in the final standards, with minor alterations. Specifically, in
the final standards, OSHA has changed paragraphs (n)(2)(ii)(D) to
require the record to contain ``[a] description of the process, task,
or activity on which the objective data were based,'' and paragraph
(n)(2)(ii)(E) to require the

record to contain ``[o]ther data relevant to the process, task,
activity, material, or airborne exposure on which the objective data
were based.'' These changes are editorial, and intended to clarify the
maintenance and availability of objective data records. They are only
intended to aid employers in determining the precise information to be
retained. They do not affect the employer's obligations as set forth in
the proposed rule.
    Proposed paragraph (n)(3)(iii) required the employer to maintain a
record of objective data relied upon as required by the Records Access
standard, which specifies that exposure records must be maintained for
30 years (29 CFR 1910.1020(d)(1)(ii)). The Agency did not receive
comment on this provision. Objective data may include employee exposure
records that must be maintained, and therefore, the Agency has retained
it in the final standards as paragraph (n)(2)(iii). OSHA notes that
this final provision, like all of the final provisions in this
paragraph related to the Records Access standard, includes the non-
substantive change from the proposed requirement to maintain the record
as required by the Records Access standard, to the requirement to
maintain and make available the record in accordance with the Records
Access standard. OSHA's reasons for this change are discussed above.
    Paragraph (n)(3) of the final standards, like paragraph (n)(4) of
the proposal, addresses medical surveillance records. Under proposed
paragraph (n)(4)(i), employers had to establish and maintain medical
surveillance records for each employee covered by the medical
surveillance requirements in paragraph (k) of the proposed standard.
Proposed paragraph (n)(4)(ii) listed the categories of information that
an employer was required to record: The employee's name, social
security number, and job classification; a copy of all licensed
physicians' written medical opinions; and a copy of the information
provided to the PLHCP as required by paragraph (k)(4) of the proposed
standard.
    The ADA and ORCHSE questioned the requirement that the employee's
social security number be included in medical surveillance records
(Document ID 1597, pp. 2-4 (pdf); 1691, Attachment 1, p. 19). As noted
above in the discussion on exposure measurement records, OSHA finds the
privacy and security issues associated with the required use of social
security numbers are of concern. However, for the same reasons
discussed above, the Agency has decided to retain the requirement for
use of social security numbers in medical records. OSHA is examining
the requirements for social security numbers separately from this
rulemaking.
    Medical records document the results of medical surveillance and
are especially important when an employee's medical condition places
him or her at increased risk of health impairment from further exposure
to beryllium in the workplace. Furthermore, the records can be used by
the Agency and others to identify illnesses and deaths that may be
attributable to beryllium exposure, evaluate compliance programs, and
assess the efficacy of the standards. OSHA concludes that medical
surveillance records are necessary and appropriate for protection of
employee health, enforcement of the standards, and development of
information regarding the causes and prevention of occupational
illnesses. Therefore, OSHA has decided to retain proposed paragraph
(n)(4)(ii)'s requirements regarding medical surveillance records in
paragraph (n)(3)(ii) of the final standards. However, OSHA has changed
the requirement in proposed paragraph (n)(4)(ii)(B) that the record
include copies of all licensed physicians' written opinions to the
requirement that the record include copies of all licensed physicians'
written medical opinions for each employee in paragraph (n)(3)(ii)(B)
of the final standards. These changes are editorial and intended to
clarify that employees are entitled to their own written medical
opinion, not all written opinions. This change neither increases nor
decreases an employer's obligations as set forth in the proposed rule.
    Proposed paragraph (n)(4)(iii) required the employer to maintain
employee medical records for at least the duration of the employee's
employment plus 30 years in accordance with OSHA's Records Access
Standard at 29 CFR 1910.1020(d)(1)(i). The ADA objected to this
provision, arguing that the proposed retention period is onerous
(Document ID 1597, p. 3 (pdf)). OSHA has considered this comment and
concluded that the best approach is to maintain consistency with 29 CFR
1910.1020 and its required retention periods of (1) 30 years for
exposure records and objective data, and (2) the duration of employment
plus 30 years for medical surveillance records. It is necessary to keep
medical records for these extended time periods because of the varying
rate of progression for CBD and the long latency period between
exposure and development of lung cancer. OSHA recognizes that in some
cases, the latency period for beryllium-related cancer may extend
beyond 30 years. However, the Agency concludes that the retention
periods specified in 29 CFR 1910.1020 represent a reasonable balance
between the need to maintain records and the administrative burdens
associated with maintaining those records for extended time periods.
Because the 30-year, and the duration of employment plus 30-year,
record retention requirements are currently included in 29 CFR
1910.1020, these time periods are consistent with longstanding Agency
and employer practice. Other substance-specific rules are also subject
to the retention requirements of 29 CFR 1910.1020, such as the
standards addressing exposure to respirable crystalline silica (29 CFR
1910.1053), methylene chloride (29 CFR 1910.1052), and chromium (VI)
(29 CFR 1910.1026). Thus, OSHA finds that the 30-year retention period
is necessary and appropriate for exposure records, historical
monitoring data, and objective data, and that the duration of
employment plus 30-year retention period is necessary and appropriate
for medical surveillance records.
    Therefore, OSHA has decided to include the retention periods
provided by the Records Access standard in paragraph (n)(3)(iii) of the
final standards. For the reasons discussed above, OSHA has added ``and
made available'' after ``maintained'' in paragraph (n)(3)(iii) of the
standards. Under the final standards, the employer is responsible for
the maintenance of records in his or her possession. The employer is
also responsible for ensuring the retention of records in the
possession of the licensed physician (e.g., the written medical reports
described in paragraph (n)(3) that are created pursuant to this rule's
medical surveillance requirements). This responsibility, which derives
from 29 CFR 1910.1020(b), means that employers must ensure that the
licensed physician retains a copy of medical records for the employee's
duration of employment plus 30 years. The employer can generally
fulfill this obligation by including the retention requirement in its
agreement with the licensed physician. The requirements are consistent
with other OSHA health standards, such as Hexavalent Chromium (VI) (29
CFR 1910.1026), respirable crystalline silica (29 CFR 1910.1053), and
Methylene Chloride (29 CFR 1910.1052).
    Paragraph (n)(4) of the final standards, like proposed paragraph
(n)(5), addresses training records. Proposed paragraph (n)(5)(i)
required employers to prepare records of any training required by these
standards. At the completion of training, the employer

was required to prepare a record that included the name, social
security number, and job classification of each employee trained; the
date the training was completed; and the topic of the training. This
record maintenance requirement also applied to records of annual
retraining or additional training as described in paragraph (m)(4).
    The ADA and ORCHSE questioned the requirement that the employee's
social security number be included in training records (Document ID
1597, p. 2-4 (pdf); 1691, Attachment 1, p. 19). As noted above in the
discussions on exposure measurement and medical surveillance records,
OSHA finds the privacy and security issues associated with the required
use of social security numbers are of concern. However, for the same
reasons discussed above, the Agency has decided to retain the
requirement for use of social security numbers in training records. As
stated above, OSHA is examining the requirements for social security
numbers separately from this rulemaking. In the meantime, OSHA has
retained the social security requirement in the final standards.
    No other comments were received on this provision. Proposed
paragraph (n)(5)(i) is now paragraph (n)(4)(i) in the final standards.
Paragraph (n)(4)(i) in the final standards is substantively unchanged
from the proposal.
    Proposed paragraph (n)(5)(ii) required employers to retain training
records, including records of annual retraining or additional training
required under these standards, for a period of three years after the
completion of the training. North America's Building Trades Unions
(NABTU) commented that employers ``must maintain documentation of [any]
training'' required for beryllium construction workers (Document ID
1679, p. 3). OSHA agrees. As noted above, OSHA finds that the creation
and maintenance of training records will permit both OSHA and employers
to ensure that the required training has occurred on schedule. Thus,
the Agency has included this provision in the standard for
construction, as well as the standards for general industry and
shipyards. Proposed paragraph (n)(5)(ii) is now paragraph (n)(4)(ii) in
the final standards, and is substantively unchanged from the proposal.
The three-year time period is consistent with the Bloodborne Pathogens
standard (29 CFR 1910.1030).
    Paragraph (n)(5) of the final standards, like proposed paragraph
(n)(6), addresses access to records. Proposed paragraph (n)(6) required
employers to make all records mandated by these standards available for
examination and copying to the Assistant Secretary, the Director of
NIOSH, each employee, and each employee's designated representative as
stipulated by OSHA's Records Access standard (29 CFR 1910.1020). OSHA
did not receive comment on this provision, and includes it in the final
standards to emphasize and ensure proper employee and government access
to records.
    Paragraph (n)(6) of the final standards, like proposed paragraph
(n)(7), addresses transfer of records. Proposed paragraph (n)(7)
required that employers comply with the Records Access standard
regarding the transfer of records. The requirements for the transfer of
records are explained in 29 CFR 1910.1020(h), which instructs employers
either to transfer records to successor employers or, if there is no
successor employer, to inform employees of their access rights at least
three months before the cessation of the employer's business. OSHA did
not receive comment on this provision, and includes it the final
standards to help ensure consistent records access.

(o) Dates

    Paragraph (o) of the standards for general industry, construction,
and shipyards sets forth the effective date of the standards and the
dates for compliance with their requirements. OSHA proposed that the
final rule would become effective 60 days after its publication in the
Federal Register, and that employer obligations to comply with most
requirements of the final rule would begin 90 days after the effective
date (150 days after publication of the final rule), while the
requirements for establishing change rooms and implementing engineering
controls would begin one year and two years after the effective date,
respectively. Ameren, AFL-CIO, and United Steelworkers expressed
support for the proposed effective and compliance dates (Document ID
1675, p. 7; 1681, Attachment 1, p. 15; 1689, p. 15).
    OSHA sets the effective date to allow sufficient time for employers
to obtain the standard and read and understand its requirements.
Unchanged from the proposal, paragraph (o)(1) provides that the
standards will become effective on March 10, 2017.
    OSHA sets the compliance dates to allow sufficient time for
employers to undertake the necessary planning and preparation for
compliance with the various provisions of the standards. In addition to
the default compliance date of 90 days that applied to most provisions,
OSHA's proposal included extended compliance dates for the provisions
that require the establishment of change rooms and the implementation
of engineering controls in order to give affected employers sufficient
time to design and construct change rooms where necessary, and to
design, obtain, and install any required control equipment. In response
to comments stating that more time is necessary to prepare for
compliance, the compliance dates in the final rule have been extended
from those proposed.
    Paragraph (o)(2) of the standards establishes the dates for
compliance with the requirements of the standard. Several employers and
industry representatives commented that the proposal's default
compliance date (90 days after the effective date) provided inadequate
time to prepare for compliance. ORCHSE Strategies (ORCHSE) commented
that an additional six months are needed ``to make necessary changes to
facilities, broad-based exposure assessments, and delineate work and
regulated areas'' (Document ID 1691, Attachment 1, p. 24). Also, the
Boeing Company (Boeing) commented that the standard should require
compliance two years after the effective date, explaining that ``it
will take, for a company of our size, between 1 and 2 years to
accurately and comprehensively determine what our exposures are, prior
to developing and implementing an exposure plan'' (Document ID 1667, p.
8).
    The Sampling and Analysis Subcommittee Task Group of the Beryllium
Health and Safety Committee (BHSC Task Group) also commented on the
amount of time needed to comply with the ``Accuracy of Measurement''
requirement in paragraph (d)(1)(v) of the proposal, which has been
renamed ``Methods of sample analysis'' and moved to paragraph (d)(5) in
the final standards (Document ID 1665, p. 3). Specifically, BHSC Task
Group expressed concern that laboratories would need to adopt newer
analytical methods not widely used by the majority of analytical
laboratories to perform beryllium measurements to the level of accuracy
specified by the standard. BHSC Task Group acknowledges that although
the OSHA rule does not require it, a Department of Energy requirement
for accreditation that exists in their Beryllium Worker Safety and
Health Program would drive laboratories to obtain accreditation by an
external accrediting body to use these newer methods, which can take
well over 150 days. (Document ID 1665, p. 3-4). OSHA rejects the
reasoning behind BHSC Task Group's concern on the amount of time needed
to comply the accuracy of measurement

requirement, as the newer analytical methods for beryllium are
available and, as pointed out by BHSC Task Group, OSHA does not require
laboratories to be accredited in these methods to comply with the
standards.
    Nonetheless, OSHA recognizes the concerns expressed by Boeing,
ORCHSE, and BHSC Task Group that employers may need additional time to
assess exposures and undertake the necessary planning and preparation
for compliance with the obligations of the standards, and has
determined that some of those concerns are reasonable. OSHA has
therefore extended the final standards' default compliance date, which
applies to all provisions except for those with separate compliance
dates under paragraphs (o)(2)(i) and (o)(2)(ii), to one year from the
effective date.
    Paragraph (o)(2)(i) of the standards provides the date for
compliance with the requirement in paragraph (i) to establish change
rooms, and in the general industry standard, to provide showers. OSHA
proposed a compliance date of one year after the effective date for
establishing change rooms, but commenters indicated that more time was
needed to modify their facilities. Boeing requested that the compliance
date for establishing change rooms begin three years after the
effective date, stating that ``for large facilities, modifications such
as showers, clothing storage and change rooms need a significant amount
of time to be planned, designed, contracted, and constructed within
operating factory sites'' (Document ID 1667, p. 8). ORCHSE also
indicated that additional time is needed to ``make necessary changes to
facilities'' (Document ID 1691, Attachment 1, p. 24).
    OSHA expects that most employers will be able to establish change
rooms and showers within a year of the effective date, but the Agency
understands that some employers, both large and small, may need
additional time to plan and construct these areas. OSHA is persuaded by
the concerns expressed by the commenters that employers may need
additional time to modify their facilities, and has extended the
compliance date for the general industry standard's change rooms and
showers requirements to two years after the effective date. Providing
an extended compliance date for establishing change rooms and providing
showers is consistent with the approach taken in OSHA's general
industry standard for Cadmium (29 CFR 1910.1027(p)(2)(vi)(B)).
    The construction and shipyard standards do not require employers to
provide showers, but OSHA recognizes that construction and shipyard
employers may also need additional time to plan and establish change
rooms at construction sites and shipyard industry establishments.
Change room facilities in these industries may be permanent or
temporary, including mobile units that can be purchased or rented. OSHA
has thus set the compliance date for the construction and shipyard
standards' requirement to establish change rooms to two years after the
effective date.
    Paragraph (o)(2)(ii) of the standards provides the date for
compliance with the requirements in paragraph (f) to implement
engineering controls. OSHA proposed a compliance date of two years
after the effective date for employers to comply with the engineering
control requirements in paragraph (f). Boeing, however, commented that
the compliance date for implementing engineering controls should be
extended to four years after the effective date, explaining that ``for
large companies, exposure assessments and feasibility studies would
have to be completed on a vast scale, and then engineering controls may
have to be installed,'' making four years ``a reasonable time frame for
these compliance measures'' (Document ID 1667, pp. 8). The Non-Ferrous
Founders' Society (NFFS) also commented that a two-year implementation
period was insufficient because it takes 12 to 24 months to obtain an
Environmental Protection Agency (EPA) permit for changes to ventilation
systems, and foundries cannot begin work to modify ventilation systems
until they obtain a permit (Document ID 1756, Tr. 61-62).
    OSHA recognizes the concerns expressed by Boeing regarding the time
needed to implement engineering controls, but does not agree that four
years are needed to comply with the engineering control requirements.
OSHA expects that many workplaces with beryllium will already have
engineering controls in place for other hazardous materials that will
need only modification or updating to comply with the final standards.
For new installations, most types of engineering controls for working
with materials such as beryllium are readily available.
    Furthermore, because beryllium is regulated under EPA rules as a
``hazardous air pollutant'' with a relatively low volume threshold for
a permit requirement, foundries that already exhaust beryllium in any
quantity would likely already be subjected to the permitting
requirements. Therefore, OSHA predicts that any changes to ventilation
systems to comply with the final beryllium standards would generally
only be subject to routine reporting requirements or permit
modifications. Cases that are unusually problematic, however, can be
addressed through OSHA's enforcement discretion if the employer can
show that it has made good faith efforts to implement engineering
controls, but has been unable to implement such controls due to the
time needed for environmental permitting.
    However, OSHA acknowledges that some general industry, construction
and shipyard employers may need more than two years to comply with the
engineering control obligations in paragraph (f), including the need to
update any permits before modifying ventilation systems, and has
extended the standards' compliance date for the engineering control
requirements to three years from the effective date. OSHA has
determined that setting a compliance date three years after the
effective date will ensure that employers have sufficient time to
complete the process of designing, obtaining, and installing the
necessary control equipment.
    OSHA's decision here to provide employers with an extended deadline
for complying with engineering control requirements is consistent with
what the Agency has done in health standards, including standards for
respirable crystalline silica (29 CFR 1910.1053(l)), Chromium (VI) (29
CFR 1910.1026(n)(3), 29 CFR 1915.1026(l)(3), 29 CFR 1926.1126(l)(3)),
and Cadmium (29 CFR 1910.1027(p)(2)(v)). Extending the compliance
deadline for implementation of engineering controls will allow those
firms that need extensive engineering controls time to adequately plan
for and implement the controls, which will thus help to ensure that
adequate protection is provided for workers. OSHA has also determined
that the extension will have the ancillary benefit of limiting the
economic impact of the rule by providing employers with additional time
to plan for and absorb the costs associated with compliance. Based on
its review of the rulemaking record, OSHA has concluded that employers
will be able to implement engineering controls within the extended time
frame that is established in the final rule.

(p) Appendix A to 29 CFR 1910.1024--Control Strategies To Minimize
Beryllium Exposure

    Appendix A to the final standard for general industry, 29 CFR
1910.1024, provides information to employers on

control options that employers could use to comply with paragraph
(f)(2)(i) of the final rule, which requires employers to ensure that at
least one of the types of controls listed in paragraph (f)(2)(i) is in
place to reduce airborne exposure for each operation in a beryllium
work area that releases airborne beryllium. Appendix A is for
informational and guidance purposes only and none of the statements in
Appendix A should be construed as imposing a mandatory requirement on
employers that is not otherwise imposed by the standard. In addition,
this appendix is not intended to detract from any obligation that the
rule imposes.
    The control strategies to minimize beryllium exposure were in
Appendix B of the proposed rule, but proposed Appendix B has been
redesignated as Appendix A in the final standard for general industry,
following the deletion (discussed below) of proposed Appendix A. The
information on control strategies presented in the appendix was derived
from OSHA's analysis of the technological feasibility of the PELs,
presented in Chapter IV of the Final Economic Analysis. The content of
Appendix A of the final standard for general industry remains unchanged
from that contained in Appendix B of the proposal.
    The proposed rule also contained a non-mandatory appendix
(designated in the proposal as Appendix A) that provided technical
information on the BeLPT test. OSHA has determined that the information
contained in proposed Appendix A is more suitable for separate guidance
that will be issued in conjunction with the standards. OSHA will be
able to more readily update this separate guidance to reflect
technological advances and changes in recommendations from the medical
community. Therefore, OSHA is not including proposed Appendix A in the
final standards.
    OSHA has also not included any appendices in the final standards
for construction and shipyards since OSHA has identified only one
principle operation (abrasive blasting) in these sectors involving
worker exposure to beryllium.

List of Subjects in 29 CFR Parts 1910, 1915, and 1926

    Beryllium, Cancer, Chemicals, Hazardous substances, Health,
Occupational safety and health, Reporting and recordkeeping
requirements.

Authority and Signature

    This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210.
    The Agency issues the sections under the following authorities: 29
U.S.C. 653, 655, 657; 40 U.S.C. 3704; 33 U.S.C. 941; Secretary of
Labor's Order 1-2012 (77 FR 3912 (1/25/2012)); and 29 CFR part 1911.

    Signed at Washington, DC, on December 14, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons set forth in the preamble, Chapter XVII of Title
29, parts 1910, 1915, and 1926, of the Code of Federal Regulations is
amended as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart Z--[Amended]

0
1. The authority citation for subpart Z of part 1910 is revised to read
as follows:

    Authority: 29 U.S.C. 653, 655, 657) Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), 29 CFR part 1911; and 5 U.S.C. 553, as applicable.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
    Section 1910.1201 also issued under 49 U.S.C. 5101 et seq.

0
2. In Sec.  1910.1000, paragraph (e):
0
 a. Amend Table Z-1--Limits on Air Contaminants, by revising the entry
for ``Beryllium and beryllium compounds (as Be)'' and adding footnote
8.
0
 b. Amend Table Z-2 by revising the entry for ``Beryllium and beryllium
compounds (Z37.29-1970)''; and adding footnote d.
    The revisions read as follows:

Sec.  1910.1000  Air contaminants.

* * * * *

                                     Table Z-1--Limits for Air Contaminants
----------------------------------------------------------------------------------------------------------------
                                                                                mg/m\3\ (b)        Skin
                   Substance                       CAS No. (c)      ppm (a) \1\         \1\         designation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Beryllium and beryllium compounds (as Be); see        7440-41-7   ..............  ..............  ..............
 1910.1024 \8\.................................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\8\ See Table Z-2 for the exposure limits for any operations or sectors where the exposure limits in Sec.
  1910.1024 are stayed or otherwise not in effect.

                                                    Table Z-2
----------------------------------------------------------------------------------------------------------------
                                                                             Acceptable maximum peak above the
                                                          Acceptable            acceptable ceiling average
            Substance                 8-hour time           ceiling           concentration for an 8-hr shift
                                   weighted  average     concentration   ---------------------------------------
                                                                             Concentration     Maximum  duration
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Beryllium and beryllium           2 [mu]g/m\3\......  5 [mu]g/m\3\......  25 [mu]g/m\3\.....  30 minutes.
 compounds (Z37.29-1970) \d\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\d\ This standard applies to any operations or sectors for which the exposure limits in the beryllium standard,
  Sec.   1910.1024, are stayed or is otherwise not in effect.

* * * * *

0
3. Add Sec.  1910.1024 to read as follows:

Sec.  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) (Sec.  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 ([mu]g/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 work area means any work area containing a process or
operation that can release beryllium where employees are, or can
reasonably be expected to be, exposed to airborne beryllium at any
level or where there is the potential for dermal contact with
beryllium.
    CBD diagnostic center means a medical diagnostic center that has an
on-site pulmonary specialist and on-site facilities to perform a
clinical evaluation for the presence of chronic beryllium disease
(CBD). This evaluation must include pulmonary function testing (as
outlined by the American Thoracic Society criteria), bronchoalveolar
lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must
also have the capacity to transfer BAL samples to a laboratory for
appropriate diagnostic testing within 24 hours. The on-site pulmonary
specialist must be able to interpret the biopsy pathology and the BAL
diagnostic test results.
    Chronic beryllium disease (CBD) means a chronic lung disease
associated with airborne exposure to beryllium.
    Confirmed positive means the person tested has beryllium
sensitization, as indicated by two abnormal BeLPT test results, an
abnormal and a borderline test result, or three borderline test
results. It also means the result of a more reliable and accurate test
indicating a person has been identified as having beryllium
sensitization.
    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 uncontrolled release of airborne beryllium.
    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 [mu]g/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 [mu]g/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
preventing 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 airborne exposure to or dermal contact with
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
(Sec.  1910.1020(e)).
    (2) Engineering and work practice controls. (i) 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.
    (ii) An employer is exempt from using the controls listed in
paragraph (f)(2)(i) 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.
    (iii) If airborne exposure exceeds the TWA PEL or STEL after
implementing the control(s) required by paragraph (f)(2)(i) of this
standard, the employer must implement additional or enhanced
engineering and work practice controls to reduce airborne exposure to
or below the exposure limit(s) exceeded.
    (iv) Wherever the employer demonstrates that it is not feasible to
reduce airborne exposure to or below the PELs by the engineering and
work practice controls required by paragraphs (f)(2)(i) and (f)(2)(iii)
of this standard, the employer must implement and maintain engineering
and work practice controls to reduce airborne exposure to the lowest
levels feasible and supplement these controls by using respiratory
protection in accordance with paragraph (g) of this standard.
    (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 (Sec.  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 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 (Sec.  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
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 airborne exposure to and dermal contact with
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, the employer must:
    (i) Provide readily accessible washing facilities in accordance
with this standard and the Sanitation standard (Sec.  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
work in a beryllium work area with a designated change room in
accordance with this standard and the Sanitation standard (Sec.
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 (Sec.  1910.141) where:
    (A) Airborne exposure exceeds, or can reasonably be expected to
exceed, the TWA PEL or STEL; and
    (B) Beryllium can reasonably be expected to contaminate employees'
hair or body parts other than hands, face, and neck.
    (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) Beryllium could reasonably have contaminated the employee's
hair or body parts other than hands, face, and neck.
    (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) Surfaces in eating and drinking areas are as free as
practicable of beryllium;
    (ii) No employees enter any eating or drinking area with personal
protective clothing or equipment unless, prior to entry, surface
beryllium has been removed from the clothing or equipment by methods
that do not disperse beryllium into the air or onto an employee's body;
and
    (iii) Eating and drinking facilities provided by the employer are
in accordance with the Sanitation standard (Sec.  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 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 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 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. The employer must ensure that:
    (i) Materials designated for disposal that contain or are
contaminated with beryllium are disposed of in sealed, impermeable
enclosures, such as bags or containers, that are labeled in accordance
with paragraph (m)(3) of this standard; and
    (ii) Materials designated for recycling that contain or are
contaminated with beryllium are cleaned to be as free as practicable of
surface beryllium contamination and labeled in accordance with
paragraph (m)(3) of this standard, or placed in sealed, impermeable
enclosures, such as bags or containers, that are labeled in accordance
with paragraph (m)(3) of this standard.
    (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) or
(C).
    (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.
    (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
examination must be provided within 30 days 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 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.
    (iii) 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.
    (iv) 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.
    (v) After an employee has received the initial clinical evaluation
at a CBD diagnostic center described in paragraph (k)(7)(i) 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)(ii) 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)(iii) 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 (Sec.  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 (Sec.  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 (Sec.  1910.1200), the
employer must label each bag and container of clothing, equipment, and
materials contaminated with beryllium, and must, at a minimum, include
the following on the label:

DANGER
CONTAINS BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AVOID CREATING DUST
DO NOT GET ON SKIN

    (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 (Sec.  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
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 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 (Sec.  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, social security number, 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
(Sec.  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
(Sec.  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, social security number, 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
(Sec.  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, social security number, 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 (Sec.  1910.1020).
    (6) Transfer of records. The employer must comply with the
requirements involving transfer of records set forth in the Records
Access standard (Sec.  1910.1020).
    (o) Dates--(1) Effective date. This standard shall become effective
March 10, 2017.
    (2) Compliance dates. All obligations of this standard commence and
become enforceable on March 12, 2018, except:
    (i) Change rooms and showers required by paragraph (i) of this
standard must be provided by March 11, 2019; and
    (ii) Engineering controls required by paragraph (f) of this
standard must be implemented by March 10, 2020.
    (p) Appendix. Appendix A--Control Strategies to Minimize Beryllium
Exposure of this standard is non-mandatory.

Appendix A to Sec.  1910.1024--Control Strategies To Minimize Beryllium
Exposure (Non-Mandatory)

    Paragraph (f)(2)(i) of this standard requires employers to use
one or more of the control methods listed in paragraph (f)(2)(i) to
minimize worker exposure in each operation in a beryllium work area,
unless the operation is exempt under paragraph (f)(2)(ii). This
appendix sets forth a non-exhaustive list of control options that
employers could use to comply with paragraph (f)(2)(i) for a number
of specific beryllium operations.

                                   Table A.1--Exposure Control Recommendations
----------------------------------------------------------------------------------------------------------------
                Operation                         Minimal control strategy *               Application group
----------------------------------------------------------------------------------------------------------------
Beryllium Oxide Forming (e.g., pressing,  For pressing operations:..................  Primary Beryllium
 extruding).                              (1) Install local exhaust ventilation        Production; Beryllium
                                           (LEV) on oxide press tables, oxide feed     Oxide Ceramics and
                                           drum breaks, press tumblers, powder         Composites.
                                           rollers, and die set disassembly
                                           stations;.
                                          (2) Enclose the oxide presses; and........
                                          (3) Install mechanical ventilation (make-
                                           up air) in processing areas.
                                          For extruding operations:
                                          (1) Install LEV on extruder powder loading
                                           hoods, oxide supply bottles, rod breaking
                                           operations, centerless grinders, rod
                                           laydown tables, dicing operations,
                                           surface grinders, discharge end of
                                           extrusion presses;.
                                          (2) Enclose the centerless grinders; and..
                                          (3) Install mechanical ventilation (make-
                                           up air) in processing areas.
Chemical Processing Operations (e.g.,     For medium and high gassing operations:...  Primary Beryllium
 leaching, pickling, degreasing,          (1) Perform operation with a hood having a   Production; Beryllium
 etching, plating).                        maximum of one open side; and.              Oxide Ceramics and
                                          (2) Design process so as to minimize         Composites; Copper
                                           spills; if accidental spills occur,         Rolling, Drawing and
                                           perform immediate cleanup.                  Extruding.
Finishing (e.g., grinding, sanding,       (1) Perform portable finishing operations   Secondary Smelting;
 polishing, deburring).                    in a ventilated hood. The hood should       Fabrication of Beryllium
                                           include both downdraft and backdraft        Alloy Products; Dental
                                           ventilation, and have at least two sides    Labs.
                                           and a top.
                                          (2) Perform stationary finishing
                                           operations using a ventilated and
                                           enclosed hood at the point of operation.
                                           The grinding wheel of the stationary unit
                                           should be enclosed and ventilated.
Furnace Operations (e.g., Melting and     (1) Use LEV on furnaces, pelletizer; arc    Primary Beryllium
 Casting).                                 furnace ingot machine discharge; pellet     Production; Beryllium
                                           sampling; arc furnace bins and conveyors;   Oxide Ceramics and
                                           beryllium hydroxide drum dumper and         Composites; Nonferrous
                                           dryer; furnace rebuilding; furnace tool     Foundries; Secondary
                                           holders; arc furnace tundish and tundish    Smelting.
                                           skimming, tundish preheat hood, and
                                           tundish cleaning hoods; dross handling
                                           equipment and drums; dross recycling; and
                                           tool repair station, charge make-up
                                           station, oxide screener, product sampling
                                           locations, drum changing stations, and
                                           drum cleaning stations
                                          (2) Use mechanical ventilation (make-up
                                           air) in furnace building.
Machining...............................  Use (1) LEV consistent with ACGIH[supreg]   Primary Beryllium
                                           ventilation guidelines on deburring         Production; Beryllium
                                           hoods, wet surface grinder enclosures,      Oxide Ceramics and
                                           belt sanding hoods, and electrical          Composites; Copper
                                           discharge machines (for operations such     Rolling, Drawing, and
                                           as polishing, lapping, and buffing);        Extruding; Precision
                                          (2) high velocity low volume hoods or        Turned Products.