In the 2017 FEA, OSHA estimated that PAPRs would be used 10 percent
of the time in situations where only the APF of 10 provided by a half-
mask negative pressure respirator would normally be required to comply
with the final beryllium TWA PEL and STEL. For the 25% of pot tenders
and clean-up workers who need respirators (accounting for an unchanged
baseline compliance rate of 75%), this amounts to 2.5% of the pot
tenders and clean-up workers who are still exposed over the PEL after
the standards take effect who will use PAPRs. OSHA is therefore
adjusting the costs by including the cost of cleaning PAPRs for that
2.5% of workers.
    For the revised compliance rate for abrasive blasting operators,
from 75% in the 2017 FEA to 100% in this PEA, there is a cost
adjustment due to the 25% of overexposed operators after the standards
take effect who should not have had costs taken in the 2017 FEA. Since
the 2017 FEA did not estimate cleaning costs for PAPRs, the cost
savings here will not include such cleaning costs. This cost savings
consists of the cost of PAPRs minus cleaning costs (10% of
respirators), and the cost of half-mask respirators (90% of
respirators).
    The cost adjustment due to the change in the exposure profile for
welders discussed in section IV.B of this PEA uses this same
methodology of accounting for savings due to PAPRs (minus cleaning
costs) and half-mask respirators. Furthermore, OSHA notes there is a
change in the exposure profile for welders in shipyards from the 2017
FEA, but because the revised baseline compliance rate for these workers
is 100%, this does not affect the cost adjustment.
    The exposure profile (Table IV-2) shows the number of abrasive
blasting operators that are above the 0.2 [micro]g/m\3\ PEL. This PEA
follows the 2017 FEA of estimating 10% of workers will still be above
the PEL after the standards take effect. The compliance rate for
operators went from 75% in the 2017 FEA to 100% in this PEA, so 25% of
operators above the PEL after the rule is in place were assigned costs
in the 2017 FEA that, with the 100% compliance rate, should no longer
be taken. In the 2017

FEA, OSHA estimated the average cost of a respirator for an abrasive
blasting operator as 90% of the cost of a half-mask respirator and 10%
of a PAPR. For the abrasive blasting operators above the PEL, this
gives a total cost adjustment of $40,915.
    As discussed above, 2.5% of pot-tenders and clean-up workers still
exposed above the PEL after the standards take effect will be using
PAPRs. The total number of such workers can be found in Table IV-2, and
when multiplied by cleaning costs of PAPRs, this gives the additional
cost adjustment of $12,238 for the revision from the 2017 FEA of
including cleaning costs for PAPRs for these workers.
    Welders in shipyards were inadvertently assigned a 0% compliance
rate in the 2017 FEA, revised in the 2017 PEA and this PEA to 100%.
Hence all welders in shipyards, found in Table IV-2, will be affected.
Like all others needing respirators, in the 2017 FEA, 90% were assigned
half-mask respirators and 10% were assigned PAPRs. These two groups of
welders, multiplied by the costs of their respective type of
respirators, but without cleaning costs since cleaning costs were not
included in the 2017 FEA, gives the cost adjustment of $858 for welders
in shipyards.
    The reduction in workers needing respirators and needing to
participate in respiratory protection programs due to the update of the
compliance rate for abrasive blasting operators in both construction
and shipyards and welders in shipyards, the extra cleaning costs for
pot-tenders and clean-up workers who opt for PAPRs, and the updated
unit costs give a total cost adjustment of $54,011, as shown in Table
IV-16.
    Tables IV-12 and IV-13 summarizes the unit cost estimates for the
two types of respirators.

       Table IV-12--Unit Respiratory Protection Cost per Employee
------------------------------------------------------------------------
                                                       Value
                  Item                   -------------------------------
                                             Half mask         PAPR
------------------------------------------------------------------------
                                Training
------------------------------------------------------------------------
Class size..............................               4               4
Hours...................................               2               4
Employee wage...........................          $25.47          $25.47
Supervisor wage.........................           43.39           43.39
Hourly cost per employee................           36.32           36.32
Annual Cost Savings per Employee........           72.63          145.27
------------------------------------------------------------------------
                    Respirator Cleaning Cost Savings
------------------------------------------------------------------------
Frequency per year......................             125             125
Employee hours..........................            0.08            0.08
Employee wage...........................          $25.47          $25.47
Annual Cost Savings per Employee........          265.30          265.30
------------------------------------------------------------------------
                               Fit Testing
------------------------------------------------------------------------
Testing group size......................            4.00            2.00
Employee hours..........................            1.00            2.00
Employee wage...........................          $25.47          $25.47
Supervisor wage.........................           43.39           43.39
Annual Cost Savings per Employee........           36.32           94.33
------------------------------------------------------------------------
                             Equipment Cost
------------------------------------------------------------------------
Respirator..............................          $33.68         $971.11
Respirator service life (years).........               2               3
Annualized respirator cost savings (3%).          $17.60         $343.32
Annual accessory cost savings...........          210.42          586.29
Total Annualized Equipment Cost Savings           228.02          929.60
 (3%)...................................
------------------------------------------------------------------------
                                  Total
------------------------------------------------------------------------
Equipment...............................         $228.02         $929.60
Training, cleaning, and fit testing.....         $374.26         $504.90
------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Sources: BLS, 2019a; BLS, 2018; Magidglove, 2012; Grainger, 2012e;
  Restockit, 2012; Spectrumchemical, 2012; Conney, 2012a; Conney, 2012b;
  Zoro Tools, 2012a; Grainger, 2019c; Grainger, 2019d; Advanz Lens
  Goggles, 2019; Gemplers, 2012; Buying Direct, 2012; Amazon.com, 2013;
  Zoro Tools, 2013; Grainger, 2013b; EnviroSafety Products, 2013; BEA,
  2019; U.S. DOL, OSHA, Directorate of Standards and Guidance, Office of
  Regulatory Analysis; Grainger, 2019a; Grainger, 2019b.

 Table IV-13--Half-Mask and Powered Air Purifying Respirator (PAPR) Unit
                                  Cost
------------------------------------------------------------------------
                                             Half-mask         PAPR
------------------------------------------------------------------------
                               Respirator
------------------------------------------------------------------------
Respirator..............................          $33.68         $971.11
------------------------------------------------------------------------

                              Annual Costs
------------------------------------------------------------------------
Training................................          $72.63         $145.27
Cleaning................................         $265.30         $265.30
Fit Testing.............................           36.32           94.33
Accessories.............................          210.42          586.29
Annual Subtotal.........................          584.67        1,091.19
------------------------------------------------------------------------
                            Annualized Costs
------------------------------------------------------------------------
Years...................................               2               3
------------------------------------------------------------------------
Annualized Unit Cost (3%)...............         $602.28       $1,434.51
Annualized Unit Cost (7%)...............         $603.30       $1,461.23
------------------------------------------------------------------------
Sources: Magidglove, 2012; Grainger, 2012e; Restockit, 2012;
  Spectrumchemical, 2012; Conney, 2012a; Conney, 2012b; Zoro Tools,
  2012a; Grainger, 2019c; Grainger, 2019d; Advanz Lens Goggles, 2019;
  Gemplers, 2012; Buying Direct, 2012; Amazon.com, 2013; Zoro Tools,
  2013; Grainger, 2013b; EnviroSafety Products, 2013; Grainger, 2019a;
  Grainger, 2019b.

Personal Protective Clothing and Equipment

Overview of Regulatory Requirements in the 2017 Final Rule
    Under the 2017 final rule, personal protective clothing and
equipment are required for workers in shipyards and construction where
exposure exceeds or can reasonably be expected to exceed the TWA PEL or
STEL, or where there is a reasonable expectation of dermal contact with
beryllium.
    The employer must ensure that each employee removes all beryllium-
contaminated personal protective clothing and equipment at the end of
the work shift or, at the completion of all tasks involving beryllium,
or when personal protective clothing or equipment becomes visibly
contaminated with beryllium, whichever comes first. All such personal
protective clothing and equipment must be removed as specified in the
written exposure control plan. Personal protective clothing and
equipment must be kept separate from street clothing and the employer
must ensure that storage facilities prevent cross-contamination. The
employer must ensure that personal protective clothing and equipment is
not removed from the workplace except by authorized personnel, with
appropriate containers and labels that are in accordance with paragraph
(m)(2). All reusable personal protective clothing and equipment must be
cleaned, laundered, repaired, and replaced as needed.
    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. 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.
Cost Savings Estimates of This Proposal
    OSHA is proposing several revisions to the PPE provisions of the
standards. OSHA proposes to remove the requirements regarding storage
facilities, providing PPE when there is a reasonable expectation of
dermal contact with beryllium, removal of PPE when it becomes visibly
contaminated with beryllium, storing and keeping PPE separate from
employees' street clothing, removal of beryllium-contaminated PPE from
the workplace, and transportation and labeling of PPE that is removed
from the workplace. OSHA is also proposing to remove the qualifier
``beryllium-contaminated'' and replace it with ``required by this
standard.''
    Under these proposed changes, the PPE provisions will only apply to
employees who are, or can reasonably be expected to be, exposed over
the TWA PEL or STEL. In the 2017 FEA, OSHA also estimated PPE costs for
the 25% of employees who would be exposed below the PEL but who
nevertheless may have dermal contact with beryllium. OSHA also
estimated ten minutes of clerical time for each establishment with
laundry needs to notify the cleaners in writing of the potentially
harmful effects of beryllium exposure and how the protective clothing
and equipment must be handled in accordance with the beryllium
standard, so the proposed removal of that provision would result in a
cost savings. OSHA did not estimate costs for storage facilities
because it judged that no employers would need them.
    As stated in the compliance section in IV.B, above, OSHA
preliminarily estimates a 90% compliance rate for all PPE for workers
who have exposures above the TWA PEL or STEL. This is a change from the
2017 FEA, which estimated a 75% compliance rate for PPE for all
workers, not just those exposed above the TWA PEL or STEL, because of
the proposed change to the PPE provisions that would only require PPE
where exposures can exceed the TWA PEL or STEL. Hence, there is an
adjustment to costs due to the decreased number of workers, from 25% to
10%, with exposures above the TWA PEL or STEL who will need PPE. The
exposure profile (Table IV-2) shows the number of workers who are
exposed above the 0.2 [micro]g/m\3\ PEL. For those above the PEL, the
decrease in the compliance rate from 25% to 10%, or 15%, along with
OSHA's standard calculation that 10% of those workers will continue to
be exposed above the PEL after the standards take effect, means 1.5% of
these workers will no longer need PPE. This number of workers times the
unit costs (discussed below) gives the cost adjustment for this group.
For those workers whose exposures are below the TWA PEL and STEL, there
will also be a cost savings for the 25% that the 2017 FEA estimated did
not have proper PPE, due to the proposed removal of the dermal contact
trigger for PPE. The exposure profile (Table IV-2) shows the number of
workers below the PEL. OSHA is proposing to revise the compliance rate
from 75% to 100%, so 25% will no longer need PPE. This

number of workers times the unit costs (discussed below) gives the cost
adjustment for this group.
    The cost savings due to the proposed removal of the requirement to
notify laundries is per-establishment, not per-worker, and the number
of establishments can be found in Table IV-4. The total number of
affected establishments times the cost of clerical time, below, gives
the cost savings for this proposed revision.
    In the 2017 FEA, OSHA estimated that employers would rent rather
than purchase PPE. The annual cost for rental would be $53.67 per
employee, inflated from the 2017 FEA estimate of $48.62. The per-
establishment annual cost savings for the ten minutes of clerical time
required to notify laundries is $4.12 ($24.71 hourly wage, File Clerks
SOC 43-4071).
    After accounting for the 25% of employees who no longer need PPE
due to the removal of the dermal contact trigger, the change in the
compliance rate from 75% to 90%, and the removal of the ten minutes of
clerical time for notifying laundries, the total annualized cost
savings and adjustment for the proposed revisions to the PPE paragraph
is estimated to be $164,330 at a 3 percent discount rate.
Hygiene Areas and Practices
Overview of Regulatory Requirements in the 2017 Final Rule
    The 2017 final rule requires affected shipyard and construction
employers to provide readily accessible washing facilities to remove
beryllium from the hands, face, and neck of each employee exposed to
beryllium; 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; and provide employees required
to use PPE with a designated change room where employees are required
to remove their personal clothing. Wherever the employer allows
employees to consume food or beverages at a worksite where beryllium is
present, the employer must ensure that surfaces in eating and drinking
areas are as free as practicable of beryllium and 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. The employer must
also ensure that no employees eat, drink, smoke, chew tobacco or gum,
or apply cosmetics in work areas where there is a reasonable
expectation of exposure above the TWA PEL or STEL.
Cost Savings Estimates in This Proposal
    OSHA is proposing to rescind this paragraph in its entirety. Both
washing facilities and change rooms would no longer be directly
required under this proposal. However, because PPE is still required
where airborne beryllium exceeds the TWA PEL or STEL, employers will
still need to provide change rooms where exposures are above the TWA
PEL or STEL pursuant to the sanitation standards.
    The 2017 FEA estimated no costs for readily accessible washing
facilities, under the expectation that employers already have such
facilities in place where needed, and this PEA retains this estimate.
Therefore, OSHA is estimating no cost savings from washing facilities
due to this proposal. The 2017 FEA did include costs for disposable
head coverings that would be purchased for processes where hair may
become contaminated by beryllium. OSHA now believes that employers in
construction and shipyards will not incur these costs under the
existing standards because unlike in general industry, there are no
requirements in construction or shipyards to provide showers where hair
can become contaminated with beryllium. OSHA is therefore making a cost
adjustment to account for this. The annual cost for one disposable head
covering per day in 2018 dollars is $30.78 (Grainger, 2013). The number
of workers estimated to need such head coverings in the 2017 FEA is
542; so the total annual cost adjustment is $16,669 ($30.78 x 542).
    The agency is not estimating cost savings for the proposed removal
of requirements to add a change room and segregated lockers. The
sanitation standards (29 CFR 1926.51 and 29 CFR 1915.88) require
employers to provide change rooms whenever they require employees to
wear PPE to prevent exposure to hazardous or toxic substances. Under
this proposal, employers would still be required by the sanitation
standards, combined with the PEL requirements in 2017 beryllium final
rule, to provide PPE to employees to prevent exposure to beryllium.
Therefore, no cost savings would arise from this proposed change.
    The proposed revisions to the PPE paragraph would remove the need
for employees to change out of PPE, generally at the end of a shift,
for those not exposed to airborne beryllium above the TWA PEL and STEL.
In the 2017 FEA, OSHA included the cost of changing clothes in the
costs for the hygiene provisions rather than the PPE provisions. The
cost for a clothing change is the same as in the 2017 FEA, updated to
2018 dollars. The agency expected that, in many cases, a worker will
simply be adding, and later removing, a layer of clothing (such as a
lab coat, coverall, or shoe covers) at work, which might involve no
more than a couple of minutes a day. However, in other cases, a worker
may need a full clothing change. Taking all these factors into account,
OSHA estimated that a worker using PPE would need 5 minutes per day to
change clothes (Document ID 2042, p. V-185). The annual cost per
employee to change clothes is $530.61. This cost is based on a
production worker earning $25.47 an hour (Production Occupation, SOC:
51-0000) and taking 5 minutes per day to change clothes for 250 days
per year ((5/60) x $25.47 x 250).
    OSHA's proposed removal of the eating and drinking areas and
prohibited activities provisions of paragraph (i) have cost
implications only for training, which is discussed later in this cost
section.
    The agency estimates the total annualized cost savings of the
proposed removal of paragraph (i) to be $304,052 for all affected
establishments. The breakdown of these cost savings by NAICS code can
be seen in Table IV-15 at the end of this program cost-savings section.

Housekeeping

Overview of Regulatory Requirements in the 2017 Final Rule
    The housekeeping provisions require the employer to follow the
written exposure control plan when cleaning beryllium-contaminated
areas, 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) of this standard. The provisions
require the employer to ensure the use of HEPA-filtered vacuuming or
other methods that minimize the likelihood and level of airborne
exposure when cleaning beryllium-contaminated areas, and prohibit the
employer from allowing dry sweeping or brushing for cleaning in such
areas unless HEPA-filtered vacuuming or other methods that minimize the
likelihood and level of airborne exposure are not safe or effective.
The provisions also prohibit the employer from allowing the use of
compressed air for cleaning in beryllium-contaminated areas 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. Where employees use dry sweeping,
brushing, or compressed air to clean in beryllium-contaminated areas,
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 the standards. The
employer must also 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. When the employer transfers materials containing beryllium
to another party for use or disposal, the employer must provide the
recipient with the warning required by paragraph (m).
Cost Savings Estimates in this Proposal
    OSHA is proposing to remove the requirements to follow the written
exposure control plan when cleaning and to promptly clean up spills and
emergency releases. OSHA is also proposing to revise the cleaning
methods requirements to remove the reference to HEPA-filtered vacuuming
and to trigger these provisions on the presence of dust resulting from
operations that cause, or can reasonably be expected to cause, airborne
exposure above the TWA PEL or STEL, rather than on the presence of a
``beryllium-contaminated area.'' In addition, OSHA is proposing to
remove the qualifier ``in beryllium-contaminated areas'' from the
requirement to provide PPE and respiratory protection in accordance
with other provisions in the standards. Next, OSHA is proposing to
prohibit the use of compressed air for cleaning where the use of
compressed air causes, or can reasonably be expected to cause, airborne
exposure above the TWA PEL or STEL. Finally, OSHA is proposing to
remove the requirement to provide a warning when transferring materials
containing beryllium to another party for use or disposal.
    The agency is estimating cost savings for removing the requirement
to use HEPA-filtered vacuums for shipyards and construction and for
removing the need for a warning label when transferring materials
containing beryllium to another party for use or disposal. The other
cost included for this provision is labor time spent doing housekeeping
tasks, and the agency estimates the proposed revisions do not alter its
2017 FEA estimate of an additional 5 minutes per day for each employee.
    In the 2017 FEA, OSHA estimated a compliance rate for the
housekeeping provisions of 75% for all workers in abrasive blasting
based on the agency's determination that other standards required some
housekeeping for abrasive blasting in both construction and shipyards.
As discussed above, a further review of other standards has led the
agency to revise its compliance rate for housekeeping to 100%. While
the proposed revisions will limit the methods that employers may use to
clean up beryllium, OSHA estimates that cleaning methods which do not
disperse beryllium into the air take approximately the same amount of
time as cleaning methods already in use. OSHA is making a cost
adjustment in this PEA for the additional 25% of workers in abrasive
blasting operations who are now estimated to be performing housekeeping
tasks. Furthermore, while those areas that are below the TWA PEL and
STEL no longer have any requirements for housekeeping tasks, OSHA is
not estimating an additional cost savings because its revised
compliance estimate is already at 100%. OSHA estimated in the 2017 FEA
that welding in shipyards had a 0% compliance rate for housekeeping.
This has also been changed to 100% compliance in this PEA, as explained
in section B of this PEA. OSHA is also making a cost adjustment for
this change in the compliance rate.
    OSHA estimated the following costs for the housekeeping provisions
in the 2017 FEA (Document ID 2042, pp. V-187-190, amounts adjusted for
2018 dollars): A one-time annualized cost per worker of a HEPA-filtered
vacuum ($640); the annual cost per worker of the additional time needed
to perform housekeeping ($531); and the annual cost of the warning
labels per worker ($6). The total annual per-employee cost was $1,177
($640 + $531 + $6). This per-employee cost is then multiplied by the
25% of workers in abrasive blasting operations and 100% of the welders
who are now estimated to be in compliance versus the 2017 FEA to
calculate the cost adjustment due to the revised baseline compliance
rates.
    The total annualized cost adjustment in this proposal due to
revisions to this ancillary provision are $1,734,022. The breakdown of
these cost savings by NAICS code is shown in Table IV-15 at the end of
this program cost-savings section.

Medical Surveillance

Overview of Regulatory Requirements in the 2017 Final Rule
    The 2017 final rule requires affected employers in shipyards and
construction to make medical surveillance available at a reasonable
time and place, and at no cost, to the following employees:
    1. Employees who are, or are reasonably expected to be, exposed at
or above the action level for more than 30 days per year;
    2. Employees who show signs or symptoms of chronic beryllium
disease (CBD) or signs or symptoms of other beryllium-related health
effects;
    3. Employees exposed to beryllium during an emergency; and
    4. Employees whose most recent written medical opinion required by
this standard recommends periodic medical surveillance.
    The medical surveillance paragraph also specifies the frequency
with which examinations must be provided, the required contents of the
examination, the information that the employer must provide to the
physician or other licensed healthcare provider (PLHCP), the
information that must be contained in the physician's written medical
report for the employee, the information that must be contained in the
physician's written medical opinion for the employer, and procedures
and requirements related to referral to a CBD diagnostic center.
Cost Savings of This Proposal
    OSHA is proposing minor changes to the medical surveillance
provision of the 2017 final rule.
    First, OSHA proposes to remove the emergency trigger for medical
surveillance. The 2017 FEA did not break out a separate cost for
emergencies, stating that ``a very small number of employees will be
affected by emergencies in a given year'' (p. V-196). The agency
therefore preliminarily concludes that removing the emergency trigger
will result in de minimis cost savings.
    OSHA also proposes to replace the phrase ``airborne exposure to and
dermal contact with beryllium'' in these provisions with the simpler
phrase ``exposure to beryllium.'' As explained in the Summary and
Explanation section, this is not a substantive change and has no cost
implications.
    One proposed change would clarify the definition of CBD diagnostic
center, that a center has a pulmonologist or pulmonary specialist on
staff and must be capable of performing a variety of tests commonly
used in the diagnosis of CBD, but need not necessarily perform all of
the tests during all CBD evaluations. The 2016 FEA in fact did not
estimate that all tests would be performed during all CBD evaluations,
and so the agency takes no cost savings for this change.

    To account for the proposed revision to the definition of CBD
diagnostic center, OSHA is proposing to amend paragraph (k)(7)(i) to
clarify that the employer must provide, at no cost to the employee and
within a reasonable time after consultation with the CBD diagnostic
center, any of the following tests that a CBD diagnostic center must be
capable of performing, if deemed appropriate by the examining physician
at the CBD diagnostic center: a pulmonary function test as outlined by
American Thoracic Society criteria testing, bronchoalveolar lavage
(BAL), and transbronchial biopsy. This proposed change to paragraph
(k)(7) would not change the requirements of the beryllium standard and
therefore would not change the costs of compliance with the standard.
    OSHA is also proposing that the employer provide an initial
consultation with the CBD diagnostic center, rather than the full
evaluation, within 30 days of the employer receiving notice that a full
evaluation must be performed. This initial consultation can be done in
conjunction with the tests but it is not required to be. As the initial
consultation may be conducted remotely, by phone or virtual
conferencing, the cost of the consultation would consist only of time
spent by the employee and the PLHCP and would not have to include any
travel or accommodation. In the 2017 FEA, and the 2018 PEA in support
of the proposal to revise the general industry beryllium standard, OSHA
accounted for the cost of both the employee's time and the examining
physician's time for a 15-minute discussion (2017 FEA, p. V-206; 83 FR
at 63764). Because the consultation would replace this initial
discussion, there would be no additional cost. Furthermore, OSHA
expects that allowing more flexibility in scheduling the tests at the
CBD diagnostic center would allow employers to find more economical
travel and accommodation options. As in the 2018 PEA in support of the
proposed revisions to the general industry beryllium standard, the
agency therefore preliminarily concludes these changes would produce
minor, if any, cost savings, and no additional costs.
    Another proposed change with potential implications for medical
surveillance costs is a proposed change in the definition of confirmed
positive. OSHA is proposing to clarify that the set of test results
must all be obtained from a single 30-day testing cycle. The exact
effect of this proposed change is uncertain as it is unknown how many
employees would have a series of BeLPT results associated with a
confirmed positive finding (two abnormal results, one abnormal and one
borderline result, or three borderline results) over an unlimited
period of time, but would not have any such combination of results
within a single testing cycle. As in the PEA in support of the 2018
proposed revisions to the general industry standard, OSHA preliminarily
concludes that this proposed change would not increase compliance costs
and would incidentally yield some cost savings by lessening the
likelihood of false positives.
    Other proposed changes are to align these standards with the
(proposed) general industry standard and, similar to the economic
analysis there, are also estimated to only have de minimis effects on
costs.

Medical Removal

Overview of Regulatory Requirements in the 2017 Final Rule
    OSHA is not proposing any changes to paragraph (l), Medical removal
protection. OSHA is also not proposing any changes to the baseline
compliance rate with this paragraph. Therefore, there are no cost
savings associated with this provision.

Communication of Hazards

Overview of Regulatory Requirements in the 2017 Final Rule
    Paragraph (m) of the beryllium standards for construction and
shipyards sets forth the employer's obligations to comply with OSHA's
Hazard Communication Standard (HCS) (29 CFR 1910.1200) relative to
beryllium, and to provide warnings and training to employees about the
hazards of beryllium.
Cost Savings in This Proposal
    OSHA is proposing three changes to paragraph (m) in both the
construction and shipyards standards. First, OSHA is proposing to
remove the paragraph (m) provisions that require specific language for
warning labels applied to materials designated for disposal or PPE when
removed from the workplace (paragraph (m)(2) in construction and
paragraph (m)(3) in shipyards). This is consistent with OSHA's proposal
to remove the corresponding requirements to provide such warning labels
and any cost implications are accounted for in the sections on those
corresponding provisions.
    Second, OSHA is also proposing to revise paragraph (m)(3)(i) in
construction and paragraph (m)(4)(i) in boatyards--renumbered as
paragraphs (m)(2)(i) and (m)(3)(i), respectively--to remove dermal
contact as a trigger for training. This is not a substantive change, so
OSHA expects no cost implications.
    Third, OSHA is proposing to revise the provisions of paragraph (m)
for employee information and training related to emergency procedures
(paragraph (m)(3)(ii)(D) in construction and paragraph (m)(4)(ii)(D) in
shipyards) and personal hygiene practices (paragraph (m)(3)(ii)(E) in
construction and paragraph (m)(4)(ii)(E) in shipyards), for consistency
with OSHA's proposed removal of emergency procedures and personal
hygiene practices from the construction and shipyards standards. OSHA
estimates that this proposed change will lead to a cost savings.
    Below the agency first presents the methodology for training from
the 2017 final rule with unit cost estimates updated to 2018 dollars,
and then discusses and estimates the cost effects of this proposal.
    In the 2017 FEA, OSHA estimated that training, which includes
hazard communication training, would be conducted by in-house safety or
supervisory staff with the use of training modules and videos and would
last, on average, eight hours. (Note that this estimate does not
include the time taken for hazard communication training that is
already required by 29 CFR 1910.1200.) The agency judged that
establishments could purchase sufficient training materials at an
average cost of $2.21 per worker, encompassing the cost of handouts,
video presentations, and training manuals and exercises. For initial
and periodic training, OSHA estimates an average class size of five
workers (each at a wage of $25.47 (updated from Production Occupations,
SOC: 51-0000)) with one instructor (at a wage of $42.51 (Median Wage
for Training and Development Specialists, SOC: 13-1151)) over an eight
hour period. The per-worker cost of initial training is therefore
$273.99 ((8 x $25.47) + (8 x $42.51/5) + $2.21).
    Annual retraining of workers is also required by the standards.
OSHA estimates the same unit costs as for initial training, so
retraining would require the same per-worker cost of $273.99.
    The first cost savings comes explicitly from the training provision
itself, where the proposal rescinds training about emergency
procedures. The agency estimates that this will decrease training time
by 15 minutes. Other decreases in training time come from rescinded
portions of hygiene requirements, including: Washing areas, change

rooms, eating and drinking areas, and cross-contamination. The agency
estimates that this would decrease needed training by another hour.
    Together this would decrease the required per-employee training
from 8 hours to 6.75 hours. Hence, the per-worker cost of initial and
retraining is $231.52 ((6.75 x $25.47) + (6.75 x $42.51/5) + $2.21).
    Finally, using these unit cost estimates, as well as accounting for
industry-specific baseline compliance rates (which, as explained in
section IV.B of this PEA, are unchanged from the 2017 FEA), and based
on a 34.7 percent new hire rate (BLS 2018c, using the annual
manufacturing new hire rate, as was done in the 2017 FEA), OSHA
estimates that the proposed revisions to the training requirements in
the standards would result in an annualized total cost savings of
$102,102. The breakdown of these cost savings by NAICS code is shown in
Table IV-15 at the end of this program cost-savings section.

Familiarization Costs

    In the 2017 final rule, OSHA included familiarization costs to
account for employers' time to understand the ancillary provisions and
the other new and revised components of the applicable new standard.
The changes that OSHA is proposing to most provisions are not
extensive. Employers would thus only need to spend a brief amount of
time reviewing them. OSHA expects that if this proposal is adopted,
employers would spend one hour per firm reviewing its changed
requirements.
    Table IV-14 shows the unit costs, by establishment size, of
reviewing the changes in this proposal. These costs will likely be one-
time costs incurred during the first year after the effective date of a
final rule resulting from this proposal, but the aggregate costs are
annualized for consistency with the other estimates for this proposal.
Based on the unit familiarization (negative) cost savings in Table IV-
14, the total annualized familiarization costs of this proposal are
estimated to be $14,221. The breakdown of these costs by NAICS code is
in Table IV-15 at the end of this program cost-savings section, and
these costs are reflected in the tables as a negative cost savings.

           Table IV--14: Familiarization--Construction and Shipyard Assumptions and Unit Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                                          Establishment size (employees)
                                                                 -----------------------------------------------
                              Item                                                 Medium  (20-
                                                                   Small  (<20)        499)        Large  (500+)
----------------------------------------------------------------------------------------------------------------
Hours per establishment.........................................             1.0             1.0             1.0
Total cost savings per establishment............................         -$43.39         -$43.39         -$43.39
Annualized Cost Savings (3 Percent).............................          -$5.09          -$5.09          -$5.09
----------------------------------------------------------------------------------------------------------------
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.
Note: Figures in rows may not add to totals due to rounding.

                Table IV-15--Annualized Cost Savings of Program Requirements for Industries Affected by the Re-Proposed Beryllium Standard by Sector and Six-Digit NAICS Industry
                                                                        [in 2018 Dollars using a 3 Percent Discount Rate]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Regulated                               Written    Protective                                       Total
                                                         Rule          Exposure        areas/        Medical      Medical    exposure      work      Hygiene                            program
Application group/NAICS          Industry          familiarization    assessment     competent    surveillance    Removal    control    clothing &  areas and  Housekeeping  Training     cost
                                                                                person                    Provision     plan     equipment   practices                           savings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Abrasive Blasting--Construction
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
238320.................  Painting and Wall                 -$5,545              $0           $0              $0         $0    $46,627      $61,974   $115,657     $653,601    $38,490   $910,805
                          Covering Contractors.
238990.................  All Other Specialty               -$5,138               0            0               0          0     43,205       57,426    107,168      605,630     35,665    843,957
                          Trade Contractors.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Abrasive Blasting--Shipyards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
336611a................  Ship Building and                 -$3,505               0            0               0          0     32,027       43,418     81,172      458,720     27,014    638,846
                          Repairing.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Welding--Shipyards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
336611b................  Ship Building and                    -$34               0            0               0          0      1,129        1,512         55       16,072        932     19,667
                          Repairing.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction Subtotal............................         -$10,682               0            0               0          0     89,833      119,400    222,825    1,259,230     74,156  1,754,762
Maritime Subtotal................................          -$3,538               0            0               0          0     33,157       44,930     81,227      474,792     27,946    658,513
Total, All Industries............................         -$14,221               0            0               0          0    122,989      164,330    304,052    1,734,022    102,102  2,413,275
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

Total Annualized Cost Savings

    As shown in Table IV-16, the total annualized cost savings of this
proposal, using a 3 percent discount rate, is estimated to be about
$2.5 million.

Table IV-16--Annualized Cost Savings to Industries Affected by the Re-Proposed Beryllium Standard, by Sector and
                                            Six-Digit NAICS Industry
                                     [2018 Dollars, 3 percent discount rate]
----------------------------------------------------------------------------------------------------------------
                                                              Engineering
                                                                controls    Respirator    Program     Total cost
       Application group/NAICS               Industry           and work       cost         cost       savings
                                                               practices     savings      savings
----------------------------------------------------------------------------------------------------------------
                                         Abrasive Blasting--Construction
----------------------------------------------------------------------------------------------------------------
238320..............................  Painting and Wall                $0      $20,389     $910,805     $931,193
                                       Covering Contractors.
238990..............................  All Other Specialty              $0      $18,892     $843,957     $862,849
                                       Trade Contractors.
----------------------------------------------------------------------------------------------------------------
                                          Abrasive Blasting--Shipyards
----------------------------------------------------------------------------------------------------------------
336611a.............................  Ship Building and                 0       13,873      638,846      652,718
                                       Repairing.
----------------------------------------------------------------------------------------------------------------
                                               Welding--Shipyards
----------------------------------------------------------------------------------------------------------------
336611b.............................  Ship Building and                 0          858       19,667       20,525
                                       Repairing.
----------------------------------------------------------------------------------------------------------------
                                                      Total
----------------------------------------------------------------------------------------------------------------
Construction Subtotal.......................................            0       39,281    1,754,762    1,794,042
Maritime Subtotal...........................................            0       14,730      658,513      673,243
Total, All Industries.......................................            0       54,011    2,413,275    2,467,286
----------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

Time Distribution of Cost Savings

    OSHA analyzed the stream of (un-annualized) compliance cost savings
for the first ten years after the proposed rule would take effect. As
shown in Table IV-17, total compliance cost savings are expected to
decline from year 1 to year 2 by almost half after the initial set of
capital and program start-up expenditure savings has been incurred.
Cost savings are then essentially flat with relatively small variations
for the following years.

               Table IV-17--Distribution of Undiscounted Compliance Costs and Cost Savings by Year
                                                 [2018 Dollars]
----------------------------------------------------------------------------------------------------------------
                                  Program cost                     Engineering         Rule
              Year                   savings       Respirators      controls     familiarization       Total
----------------------------------------------------------------------------------------------------------------
1..............................      $4,215,199         $86,195              $0        -$121,305      $4,180,088
2..............................       2,178,201          46,071               0                0       2,224,272
3..............................       2,178,201          47,743               0                0       2,225,944
4..............................       2,178,201          51,427               0                0       2,229,628
5..............................       2,178,201          47,743               0                0       2,225,944
6..............................       2,178,201          46,071               0                0       2,224,272
7..............................       2,178,201          53,098               0                0       2,231,300
8..............................       2,178,201          46,071               0                0       2,224,272
9..............................       2,178,201          47,743               0                0       2,225,944
10.............................       2,178,201          51,427               0                0       2,229,628
----------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

    Table IV-18 breaks out total cost savings by each application group
for the first ten years. Each application group follows the same
pattern of a sharp decrease in cost savings between years 1 and 2, and
then remains relatively flat for the remaining years.

                               Table IV-18--Total Undiscounted Cost Savings of the Re-Proposed Beryllium Standard by Year
                                                                     (2018 Dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Year
        Application group        -----------------------------------------------------------------------------------------------------------------------
                                       1           2           3           4           5           6           7           8           9          10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abrasive Blasting--Construction.  $3,039,516  $1,617,334  $1,618,538  $1,621,189  $1,618,538  $1,617,334  $1,622,392  $1,617,334  $1,618,538  $1,621,189
Abrasive Blasting--Shipyards....   1,103,334     588,796     589,234     590,200     589,234     588,796     590,639     588,796     589,234     590,200
Welding--Shipyards..............      37,239      18,142      18,172      18,239      18,172      18,142      18,269      18,142      18,172      18,239
    Total.......................   4,180,088   2,224,272   2,225,944   2,229,628   2,225,944   2,224,272   2,231,300   2,224,272   2,225,944   2,229,628
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: U.S. DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

Appendix IV-A

Summary of Annualized Cost Savings by Entity Size Under Alternative
Discount Rates
    In addition to using a 3 percent discount rate in its cost
analysis, OSHA estimated compliance cost savings using alternative
discount rates of 7 percent and 0 percent. Tables IV-19 and IV-20
present--for 7 percent and 0 percent discount rates, respectively--
total annualized cost savings for affected employers by NAICS industry
code and employment size class (all establishments, small entities, and
very small entities).
    As shown in these tables, the choice of discount rate has only a
minor effect on total annualized compliance cost savings--for example,
annualized cost savings for all establishments remain flat/slightly
increase to $2.5 million using a 7 percent discount rate, and remain
flat/slightly decrease to $2.5 million using a 0 percent discount rate.

Table IV-19--Total Annualized Cost Savings, by Sector and Six-Digit NAICS Industry, for Entities Affected by the
                                  Shipyard and Construction Beryllium Standards
                            [By size category, 7 percent discount rate, 2018 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                Very small
   Application group/NAICS            Industry        All establishments    Small entities       entities (<20
                                                                             (SBA-defined)        employees)
----------------------------------------------------------------------------------------------------------------
                                         Abrasive Blasting--Construction
----------------------------------------------------------------------------------------------------------------
238320.......................  Painting and Wall                $950,654            $782,690            $518,407
                                Covering Contractors.
238990.......................  All Other Specialty              $880,881            $654,058            $418,827
                                Trade Contractors.
----------------------------------------------------------------------------------------------------------------
                                         Abrasive Blasting--Shipyards *
----------------------------------------------------------------------------------------------------------------
336611a......................  Ship Building and                $666,280            $172,674             $86,542
                                Repairing.
----------------------------------------------------------------------------------------------------------------
                                             Welding in Shipyards **
----------------------------------------------------------------------------------------------------------------
336611b......................  Ship Building and                 $21,028              $5,583              $3,100
                                Repairing.
----------------------------------------------------------------------------------------------------------------
                                                      Total
----------------------------------------------------------------------------------------------------------------
Construction Subtotal...............................          $1,831,536          $1,436,748            $937,234
Shipyard Subtotal...................................            $687,308            $178,257             $89,641
Total, All Industries...............................          $2,518,843          $1,615,005          $1,026,876
----------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
* Employers in application group Abrasive Blasting--Shipyards are shipyards employing abrasive blasters that use
  mineral slag abrasives to etch the surfaces of boats and ships.
** Employers in application group Welding in Shipyards employ welders in shipyards. Some of these employers may
  do both welding and abrasive blasting.
Source: U.S. DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

Table IV-20--Total Annualized Cost Savings, by Sector and Six-Digit NAICS Industry, for Entities Affected by the
                                  Shipyard and Construction Beryllium Standards
                            [By size category, 0 percent discount rate, 2018 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                Very small
   Application group/NAICS            Industry        All establishments    Small entities       entities (<20
                                                                             (SBA-defined)        employees)
----------------------------------------------------------------------------------------------------------------
                                         Abrasive Blasting--Construction
----------------------------------------------------------------------------------------------------------------
238320.......................  Painting and Wall                $929,939            $765,329            $506,383
                                Covering Contractors.
238990.......................  All Other Specialty              $861,686            $639,408            $408,952
                                Trade Contractors.
----------------------------------------------------------------------------------------------------------------
                                         Abrasive Blasting--Shipyards *
----------------------------------------------------------------------------------------------------------------
336611a......................  Ship Building and                $651,883            $168,209             $84,196
                                Repairing.
----------------------------------------------------------------------------------------------------------------
                                             Welding in Shipyards **
----------------------------------------------------------------------------------------------------------------
336611b......................  Ship Building and                 $20,479              $5,387              $2,988
                                Repairing.
----------------------------------------------------------------------------------------------------------------
                                                      Total
----------------------------------------------------------------------------------------------------------------
Construction Subtotal...............................          $1,791,625          $1,404,737            $915,335
Shipyard Subtotal...................................            $672,362            $173,596             $87,184
Total, All Industries...............................          $2,463,987          $1,578,333          $1,002,520
----------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
* Employers in application group Abrasive Blasting--Shipyards are shipyards employing abrasive blasters that use
  mineral slag abrasives to etch the surfaces of boats and ships.
** Employers in application group Welding in Shipyards employ welders in shipyards. Some of these employers may
  do both welding and abrasive blasting.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

Appendix IV-B

Summary of Annualized Cost Savings by Cost Type Under Alternative
Discount Rates
    In addition to using a 3 percent discount rate in its cost
analysis, OSHA estimated compliance cost savings using alternative
discount rates of 7 percent and 0 percent. Tables IV-21 and IV-22
present--for 7 percent and 0 percent discount rates, respectively--
total annualized cost savings for affected employers by NAICS industry
code and type of cost savings.

   Table IV-21--Annualized Compliance Cost Savings for Employers Affected by the Re-Proposed Beryllium Standard by Sector and Six-Digit NAICS Industry
                                                       [7 Percent discount rate, in 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Engineering
         Application group/NAICS                        Industry               controls and     Respirator cost      Program cost     Total cost savings
                                                                              work practices        savings             savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Abrasive Blasting--Construction
--------------------------------------------------------------------------------------------------------------------------------------------------------
238320...................................  Painting and Wall Covering                     $0             $20,892            $929,762            $950,654
                                            Contractors.
238990...................................  All Other Specialty Trade                      $0             $19,358            $861,523            $880,881
                                            Contractors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Abrasive Blasting--Shipyards
--------------------------------------------------------------------------------------------------------------------------------------------------------
336611a..................................  Ship Building and Repairing......              $0             $14,196            $652,084            $666,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Welding--Shipyards
--------------------------------------------------------------------------------------------------------------------------------------------------------
336611b..................................  Ship Building and Repairing......              $0                $873             $20,154             $21,028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Construction Subtotal....................  $0...............................         $40,250          $1,791,285          $1,831,536  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maritime Subtotal........................  $0...............................         $15,069            $672,238            $687,308  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total, All Industries....................  $0...............................         $55,319          $2,463,524          $2,518,843  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

   Table IV-22--Annualized Compliance Cost Savings for Employers Affected by the Re-Proposed Beryllium Standard by Sector and Six-Digit NAICS Industry
                                                       [0 Percent discount rate, in 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Engineering
        Application group/NAICS                      Industry              controls and work    Respirator cost      Program cost     Total cost savings
                                                                               practices            savings             savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Abrasive Blasting--Construction
--------------------------------------------------------------------------------------------------------------------------------------------------------
238320.................................  Painting and Wall Covering                       $0             $20,334            $909,605            $929,939
                                          Contractors.
238990.................................  All Other Specialty Trade                         0              18,842             842,845             861,686
                                          Contractors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Abrasive Blasting--Shipyards
--------------------------------------------------------------------------------------------------------------------------------------------------------
336611a................................  Ship Building and Repairing....                   0              13,834             638,049             651,883
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Welding--Shipyards
--------------------------------------------------------------------------------------------------------------------------------------------------------
336611b................................  Ship Building and Repairing....                   0                 855              19,623              20,479
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Construction Subtotal...................................................                   0              39,176           1,752,450           1,791,625
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maritime Subtotal.......................................................                   0              14,690             657,672             672,362
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total, All Industries...................................................                   0              53,865           2,410,122           2,463,987
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures in rows may not add to totals due to rounding.
Source: US DOL, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis.

E. Benefits
    The changes proposed in this NPRM are designed to accomplish three
goals: (1) To more appropriately tailor the requirements of the
construction and shipyards standards to the particular exposures in
these industries in light of partial overlap between the beryllium
standards' requirements and other OSHA standards; (2) to aid compliance
and enforcement across the beryllium standards by avoiding
inconsistency, where appropriate, between the shipyards and
construction standards and proposed revisions to the general industry
standard; and (3) to clarify certain requirements with respect to
materials containing only trace amounts of beryllium. As to the first
group of changes, this NPRM clarifies that OSHA did not, and does not,
intend to apply the provisions aimed at protecting workers from the
effects of dermal contact to industries that only work with beryllium
in trace amounts where there is limited or no airborne exposure. In the
prior FEA, OSHA did not isolate any quantifiable benefits from avoiding
beryllium sensitization from dermal contact (see discussion at p. VII-
16 through VII-18). Therefore, OSHA preliminarily concludes that the
proposed revisions in this NPRM that focus on dermal contact will not
have any impact on OSHA's previous benefit estimates for the standards
as a whole.
    OSHA also does not expect the second and third groups of proposed
changes, i.e., those intended to more closely tailor the standards'
requirements to the construction and shipyard industries and closely
align them to the general industry standard's requirements, where
appropriate, to result in a reduction in benefits. Rather, as explained
in the Summary and Explanation, OSHA believes that the proposed changes
would maintain safety and health protections for workers while aligning
the standards with the intent behind the 2017 final rule and otherwise
preventing costs that could follow from misinterpretation or
misapplication of the standards. Therefore, OSHA preliminarily
determines that the effect of these proposed revisions on the benefits
of the standards as a whole would be negligible. OSHA invites comment
on this preliminary determination.
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Practices Manual. NIOSH Publication No. 76-179. March 1976. Document
ID 0779.
NIOSH, 1995. NIOSH ECTB 183-16a. In-Depth Survey Report: Control
Technology for Removing Lead-Based Paint from Steel Structures:
Power Tool Cleaning at Muskingum County, Ohio Bridge MUS-555-0567
and MUS-60-3360, Olympic Painting Company, Inc., Youngstown, Ohio.
November. Document ID 0773.
The National Shipbuilding Research Program, 1999. (NSRP, 1999)
Feasibility and Economics Study of the Treatment, Recycling and
Disposal of Spent Abrasives. NSRP, U.S. Department of the Navy,
Carderock Division, Naval Surface Warfare Center in cooperation with
National Steel and Shipbuilding Company, San Diego, California.
NSRP 0529, N1-93-1. April 9. Document ID 0767.
The National Shipbuilding Research Program, 2000. Cost-Effective
Clean Up of Spent Grit. NSRP, U.S. Department of the Navy, Carderock
Division, Naval Surface Warfare Center in cooperation with National
Steel and Shipbuilding Company, San Diego, California. NSRP 0570,
N1-95-4. December 15. Document ID 0766.
OSHA, 2004 (OSHA, 2004). OSHA Integrated Management Information
System. Beryllium data provided by OSHA covering the period 1978 to
2003. Document ID 0340, Attachment 6.
OSHA, 2005 (OSHA, 2005). Beryllium Exposure Data for Hot Work and
Abrasive Blasting Operations from Four U.S. Shipyards (Sample Years
1995 to 2004). Data provided to Eastern Research Group (ERG), Inc.
by the U.S. Department of Labor, Occupational Safety and Health
Administration. March 2005. [Unpublished]. Document ID 1166.
Accessed March 10, 2017.
OSHA, 2009 (OSHA, 2009). Integrated Management Information System
(IMIS). Beryllium exposure data, updated April 21, 2009. Data
provided to Eastern Research Group, Inc. by the U.S. Department of
Labor, Occupational Safety and Health Administration, Washington, DC
[Unpublished, electronic files]. Document ID 1165.
OSHA, 2016 (OSHA, 2016). Cost of Compliance (Chapter V) of the Final
Economic Analysis. Document ID 2042.
OSHA, 2016 (OSHA, 2016a). Technical and Analytical Support for
OSHA's Final Economic Analysis for the Final Standard on Beryllium
and Beryllium Compounds: Excel Spreadsheets Supporting the FEA.
OSHA, Directorate of Standards, Office of Regulatory Analysis.
December 2016. Document ID OSHA-H005C-2006-0870-2044.
OSHA, 2017 (OSHA, 2017). Cost of Compliance (Chapter V) of the
Preliminary Economic Analysis. Document ID 2076.
OSHA, 2019 (OSHA, 2019). Excel Spreadsheets of Economic Costs,
Impacts, and Benefits in Support of OSHA's Final Economic Analysis
(FEA) for the Final Deregulatory Action of the Ancillary Revisions
for the Maritime Sector and the Construction Sector from the Scope
of the 2017 Final Rule: September 2019.
Restockit, 2012. AO Safety R5500 5-star Rubber Halfmask Respirator,
From http://www.restockit.com/r5500-5-star-rubber-halfmask-respirator-(247-50089-00000).html. Document ID 2024.
Rice, Cody. U.S. Environmental Protection Agency, ``Wage Rates for
Economic Analyses of the Toxics Release Inventory Program,'' June
10, 2002. Document ID 2025.
Small Business Advocacy Review, 2008 (SBAR, 2008). SBAR Panel Final
Report, OSHA. Document ID 0345.
Spectrumchemical, 2012. Willson 6100 Series Half-Mask Air Purifying
Respirator, From https://www.spectrumchemical.com/OA_HTML/ibeCCtpItmDspRte.jsp?section_name=Half-Mask&item=1&itemGrpNum=303964&isSupply=1§ion=12187&minisite=10020&respid=50577. Document ID 2028.
U.S. Census Bureau, 2014. County Business Patterns: 2012. Available
at http://www.census.gov/data/datasets/2012/econ/cbp/2012-cbp.html.
U.S. Census Bureau, 2015. Statistics of US Businesses: 2012.
Avaiable at: https://www.census.gov/data/tables/2012/econ/susb/2012-susb-annual.html.
U.S. Environmental Protection Agency, 1997a. (EPA, 1997a) Emission
Factor Documentation for AP-42, Section 13.2.6, Abrasive Blasting.
Final Report. U.S. EPA, Office of Air Quality Planning and
Standards, Emission Factor and Inventory Group, Research Triangle
Park, North Carolina. September. Document ID 0784.
U.S. Navy, 2003. 6-19-2: Attachment (1). Navy Occupational Exposure
Database (NOED) Query Report Personal Breathing Zone Air Sampling
Results for Beryllium. Document ID 0145. Accessed March 10, 2017.
U.S. Small Business Administration, 2016. Table of size standards:
2016. Available at https://www.sba.gov/content/small-business-size-standards.
WorkSafe, 2000. Code of Practice: Abrasive Blasting. WorkSafe
Western Australia Commission. June. Document ID 0692.
Zorotools, 2012a. N99--Replacement Filters (Filter Respirator, For
Welding Respirator and 7190N99, Package 2), $4.75. From http://www.zorotools.com/g/00066271/k-G0408886?utm_source=google_shopping&utm_medium=cpc&utm_campaign=Google_Shopping_Feed&kw={keyword{time} &gclid=CJy14uPdwbECFQp66wodMlsAdw.
Document ID 0554.
Zorotools, 2013. 3M Breathing Tube; Breathing Tube, For Use With
Mfr. No. 7800S, 6000 DIN Series, Includes Connectors, $75.89. Cost
assumes 3 used per year. Accessed 2013 from http://www.zorotools.com/g/00052249/k-G2062776?utm_source=google_shopping&utm_medium=cpc&utm_campaign=Google_Shopping_Feed&kw={keyword{time} &gclid=CL-Rz96Hj7kCFZSi4AodPw4AYQ.
Document ID 2038.

Economic Feasibility Analysis and Regulatory Flexibility Certification

Economic Feasibility Analysis

    In the 2017 FEA, OSHA concluded that the beryllium standards for
construction and shipyards were both economically feasible (see 82 FR
at 2471). OSHA is proposing to modify some of the ancillary provisions
in both standards and has preliminarily concluded that the proposed
revisions would, overall, reduce costs for employers in both sectors
(see section D, Costs of Compliance, in this PEA). Because the effect
of this proposed rule is a net reduction in costs, OSHA has
preliminarily determined that this proposal is economically feasible in
both the construction and shipyard sectors.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA has examined the regulatory requirements of the
proposal for construction and shipyards to determine whether they would
have a significant economic impact on a substantial number of small
entities. This proposal would modify certain ancillary provisions for
shipyards and

construction, resulting in a reduction of overall costs. Furthermore,
the agency believes that this proposal would not impose any additional
costs on small entities. Accordingly, OSHA certifies that the proposal
would not have a significant economic impact on a substantial number of
small entities.

Executive Order 13771: Reducing Regulation and Controlling Regulatory
Costs

    Consistent with Executive Order 13771 (82 FR 9339, February 3,
2017), OSHA has estimated the total annualized cost savings of this
proposed rule, using a 3 percent discount rate, to be about $2.5
million, or using a 7 percent discount rate, to be about $2.5 million.
Therefore, this proposed rule, if finalized, is expected to be an
Executive Order 13771 deregulatory action.

VI. OMB Review Under the Paperwork Reduction Act of 1995

A. Overview

    OSHA is proposing to update the beryllium standards for the
construction and shipyards industries, which contain collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C.
3501 et seq., and OMB regulations at 5 CFR part 1320. The beryllium
standards for general industry (29 CFR 1910.1024), construction (29 CFR
1926.1124), and shipyards (29 CFR 1915.1024)--contain collection of
information (paperwork) requirements that have been previously approved
by OMB. The requirements of all three standards are currently contained
in the approved information collections request (ICR) under OMB control
number 1218-0267. For purposes of OMB review under the PRA, OSHA is
proposing to separate the collections of information in the beryllium
standards for construction and shipyards from those in the general
industry standard. Therefore, the agency is submitting two ICRs--one
for the construction industry and one for the shipyards sector--and the
agency is requesting two new OMB control numbers 1218-0NEW and 1218-
NEW2. In addition, since OSHA is proposing to separate the collections
of information in the beryllium standards for construction and
shipyards in this proposal, OSHA is also proposing to remove the
collections of information that are related to construction and
shipyards from the collections of information previously approved by
OMB under control number 1218-0267. There is a separate rulemaking that
addresses changes to the collection of information for general industry
under number 1218-0267 (see 83 FR 63746-63770). The PRA defines
``collection of information'' to mean ``the obtaining, causing to be
obtained, soliciting, or requiring the disclosure to third parties or
the public, of facts or opinions by or for an agency, regardless of
form or format'' (44 U.S.C. 3502(3)(A)). Under the PRA, a Federal
agency cannot conduct or sponsor a collection of information unless OMB
approves it, and the agency displays a currently valid OMB control
number (44 U.S.C. 3507). Also, notwithstanding any other provision of
law, no employer shall be subject to penalty for failing to comply with
a collection of information if the collection of information does not
display a currently valid OMB control number (44 U.S.C. 3512).

B. Solicitation of Comments

    OSHA prepared and submitted two revised ICRs to OMB, separating the
collections of information in the shipyards and construction standards
from the existing OMB-approved paperwork package, and proposing to
remove certain collections of information for those industries
currently contained in that paperwork package, in accordance with 44
U.S.C. 3507(d). The agency solicits comments on the removal of these
collection of information requirements and reduction in estimated
burden hours associated with these requirements, including comments on
the following items:
     Whether the collections of information are necessary for
the proper performance of the agency's functions, including whether the
information is useful;
     The accuracy of OSHA's estimate of the burden (time and
cost) of the collections of information, including the validity of the
methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the compliance burden on employers, for
example, by using automated or other technological techniques for
collecting and transmitting information (78 FR at 56438).

C. Proposed Information Collection Requirements

    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about these two ICRs.
    Construction (ICR):
    1. Title: Occupational Exposure to Beryllium for the Construction
Industry.
    2. Description of the ICR: The proposal would separate the
construction standards from the currently approved Beryllium ICR and
remove existing collection of information requirements currently
approved by OMB.
    3. Brief Summary of the Information Collection Requirements:
    The proposed standard for occupational exposure to beryllium and
beryllium compounds in construction would revise the collection of
information requirements contained in the existing ICR for that
industry, approved under OMB under control number 1218-0267. OSHA is
proposing, first, to separate the construction collection of
information requirements from those of the general industry and
shipyards standards, and requests a new control number specific to the
construction standard (1218-0NEW). Next, OSHA is proposing to update
the new ICR to reflect its proposal to (1) remove provisions in the
construction standard that require employers to collect and record
employees' social security number; (2) revise the contents of the
written exposure control plan; and (3) remove certain requirements
related to written warnings. See Table VI.1.

   Table VI.1--Collection of Information Requirements Being Revised in the Beryllium Standard for Construction
----------------------------------------------------------------------------------------------------------------
                                            Currently approved collection of
       Section number and title                 information requirements                  Proposed action
----------------------------------------------------------------------------------------------------------------
Sec.   1926.1124(f)(1)(i)--Methods of   A list of operations and job       Remove paragraphs
 Compliance--Written Exposure Control   titles reasonably expected to involve       (f)(1)(i)(B) through (E) and
 Plan.                                  airborne exposure to or dermal contact      (H), written exposure
                                        with beryllium;                             control plan.
                                        A list of operations and job       Revise paragraph (f)(1)(i)(A)
                                        titles reasonably expected to involve       to list operations and job
                                        airborne exposure to or dermal contact      titles reasonably expected
                                        with beryllium;                             to involve exposure to
                                                                                beryllium.

                                        A list of operations and job       Add a new requirement,
                                        titles reasonably expected to involve       paragraph (f)(1)(i)(E), to
                                        airborne exposure above the TWA PEL or      list procedures used to
                                        STEL;                                       ensure the integrity of each
                                                                                containment used to minimize
                                                                                exposures to employees
                                                                                outside the containment.
                                        Procedures for minimizing cross-   .............................
                                        contamination;
                                        Procedures for minimizing the      .............................
                                        migration of beryllium within or to
                                        locations outside the workplace;
                                        A list of engineering controls,    .............................
                                        work practices, and respiratory
                                        protection required by paragraph (f)(2)
                                        of the standard;
                                        A list of personal protective      .............................
                                        clothing and equipment required by
                                        paragraph (h) of the standard;
                                        Procedures for removing,           .............................
                                        laundering, storing, cleaning, repairing,
                                        and disposing of beryllium-contaminated
                                        personal protective clothing and
                                        equipment, including respirators;
                                        Procedures used to restrict        .............................
                                        access to work areas when airborne
                                        exposures are, or can reasonably be
                                        expected to be, above the TWA PEL or
                                        STEL, to minimize the number of employees
                                        exposed to airborne beryllium and their
                                        level of exposure, including exposures
                                        generated by other employers or sole
                                        proprietors.
Sec.   1926.1124(h)(2)(v)--Personal    When personal protective clothing or        Remove this labeling
 Protective Clothing and Equipment--    equipment required by this standard is      requirement from the
 Removal and Storage.                   removed from the workplace for              beryllium standard for
                                        laundering, cleaning, maintenance or        construction and therefore
                                        disposal, the employer must ensure that     from the ICR.
                                        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 the
                                        standard and the HCS (29 CFR 1910.1200).
Sec.   1926.1124(h)(3)(iii) --         The employer must inform in writing the     Remove this requirement from
 Personal Protective Clothing and       persons or the business entities who        the beryllium standard for
 Equipment--Cleaning and Replacement.   launder, clean or repair the personal       construction and therefore
                                        protective clothing or equipment required   from the ICR.
                                        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 the standard.
Sec.   1926.1124(k)(7)--Medical        The employer must provide an evaluation at  Add an initial consultation
 Surveillance-- Referral to the CBD     no cost to the employee at a CBD            with the CBD diagnostic
 Diagnostic Center.                     diagnostic center that is mutually agreed   center, as follows:
                                        upon by the employer and the employee.     The employer must also
                                        The examination must be provided within     provide, at no cost to the
                                        30 days of either of the events in          employee and within a
                                        paragraph (k)(7)(i)(A) or (B).              reasonable time after the
                                                                                initial consultation with
                                                                                the CBD diagnostic center,
                                                                                any of the following tests
                                                                                if deemed appropriate by the
                                                                                examining physician at the
                                                                                CBD diagnostic center:
                                                                                pulmonary function testing
                                                                                (as outlined by the American
                                                                                Thoracic Society criteria),
                                                                                bronchoalveolar lavage
                                                                                (BAL), and transbronchial
                                                                                biopsy. The initial
                                                                                consultation with the CBD
                                                                                diagnostic center must be
                                                                                provided within 30 days of
                                                                                either of the events in
                                                                                paragraph (k)(7)(i)(A) or
                                                                                (B).
Sec.   1926.1124(n)(1)(ii)(F)--        The name, social security number, and job   Remove the requirement to
 Recordkeeping --Air Monitoring Data.   classification of each employee             collect and record social
                                        represented by the monitoring, indicating   security numbers, as
                                        which employees were actually monitored.    follows:
                                                                                The name and job
                                                                                classification of each
                                                                                employee represented by the
                                                                                monitoring, indicating which
                                                                                employees were actually
                                                                                monitored.
Sec.   1926.1124(n)(3) (ii)(A)--       The record must include the following       Remove the requirement to
 Recordkeeping-- Medical Surveillance.  information about the employee: Name,       collect and record social
                                        social security number, and job             security numbers, as
                                        classification.                             follows:
                                       ..........................................  The record must include the
                                                                                following information about
                                                                                the employee: Name and job
                                                                                classification.

Sec.   1926.1124(n)(4)(i)--            At the completion of any training required  Remove the requirement to
 Recordkeeping--Training.               by the standard, the employer must          collect and record social
                                        prepare a record that indicates the name,   security numbers, as
                                        social security number, and job             follows:
                                        classification of each employee trained,
                                        the date the training was completed, and
                                        the topic of the training.
                                       ..........................................  At the completion of any
                                                                                training required by the
                                                                                standard, the employer must
                                                                                prepare a record that
                                                                                indicates the name and job
                                                                                classification of each
                                                                                employee trained, the date
                                                                                the training was completed,
                                                                                and the topic of the
                                                                                training.
----------------------------------------------------------------------------------------------------------------

    4. OMB Control Number: 1218-0NEW.
    5. Affected Public: Business or other-for-profit. This standard
applies to employers in the construction industry who have employees
that may have occupational exposures to any form of beryllium,
including compounds and mixtures, except those articles and materials
exempted by paragraphs (a)(2) and (3) of the standard.
    6. Number of Respondents: 2,520.
    7. Frequency of Responses: On occasion; quarterly, semi-annually,
annual; biannual.
    8. Number of Reponses: 29,330.
    9. Average Time per Response: Various.
    10. Estimated Annual Total Burden Hours: 18,075.
    11. Estimated Annual Total Cost (Capital-operation and
maintenance): $5,611,902.
    Shipyards (ICR):
    1. Title: Occupational Exposure to Beryllium for the Shipyards
Sector.
    2. Description of the ICR: The proposal would separate the
shipyards standards from the currently approved Beryllium ICR and
remove existing collection of information requirements currently
approved by OMB.
    3. Brief Summary of the Information Collection Requirements:
    The proposed standard for occupational exposure to beryllium and
beryllium compounds in shipyards would revise the collection of
information requirements contained in the existing ICR for that
industry, approved under OMB under control number 1218-0267. OSHA is
proposing, first, to separate the shipyards collection of information
requirements from those of the general industry and construction
standards, and requests a new control number specific to the shipyards
standard (1218-0NEW2). Next, OSHA is proposing to update the new ICR to
reflect its proposal to (1) remove provisions in the shipyards standard
that require employers to collect and record employees' social security
number; (2) revise the contents of the written exposure control plan;
and (3) remove certain requirements related to written warnings. See
Table VI.2.

    Table VI.2--Collection of Information Requirements Being Revised in the Beryllium Standard for Shipyards
----------------------------------------------------------------------------------------------------------------
                                            Currently approved collection of
       Section number and title                 information requirements                  Proposed action
----------------------------------------------------------------------------------------------------------------
Sec.   1915.1024(f)(1)(i)--Methods of  The employer must establish, implement,     Remove paragraphs
 Compliance--Written Exposure Control   and maintain a written exposure control     (f)(1)(i)(B) through (E) and
 Plan.                                  plan, which must contain:                   (H), the written exposure
                                        A list of operations and job        control plan.
                                        titles reasonably expected to involve      Revise paragraph (f)(1)(i)(A)
                                        exposure to or dermal contact with          to list operations and job
                                        beryllium;                                  titles reasonably expected
                                        A list of operations and job        to involve exposure to
                                        titles reasonably expected to involve       beryllium.
                                        airborne exposure at or above the AL;      Add a new requirement,
                                        A list of operations and job        paragraph (f)(1)(i)(D) to
                                        titles reasonably expected to involve       list procedures used to
                                        airborne exposure above the TWA PEL or      ensure the integrity of each
                                        STEL;                                       containment used to minimize
                                        Procedures for minimizing cross-    exposures to employees
                                        contamination;                              outside the containment.
                                        Procedures for minimizing the
                                        migration of beryllium within or to
                                        locations outside the workplace;
                                        A list of engineering controls,
                                        work practices, and respiratory
                                        protection required by paragraph (f)(2)
                                        of the standard;
                                        A list of personal protective
                                        clothing and equipment required by
                                        paragraph (h) of the standard; and
                                        Procedures for removing,
                                        laundering, storing, cleaning, repairing,
                                        and disposing of beryllium-contaminated
                                        personal protective clothing and
                                        equipment, including respirators;

Sec.   1915.1024(h)(2)(v)--Personal    When personal protective clothing or        Remove this labeling
 Protective Clothing and Equipment--    equipment required by this standard is      requirement from the
 Removal and Storage.                   removed from the workplace for              beryllium standard for
                                        laundering, cleaning, maintenance or        shipyards and therefore from
                                        disposal, the employer must ensure that     the ICR.
                                        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 the
                                        standard and the HCS (29 CFR 1910.1200).
Sec.   1915.1024(h)(3)(iii) --         The employer must inform in writing the     Remove this requirement from
 Personal Protective Clothing and       persons or the business entities who        the beryllium standard for
 Equipment--Cleaning and Replacement.   launder, clean or repair the personal       shipyards and therefore from
                                        protective clothing or equipment required   the ICR.
                                        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 the standard.
Sec.   1915.1024(k)(7)--Medical        The employer must provide an evaluation at  Add an initial consultation
 Surveillance-- Referral to the CBD     no cost to the employee at a CBD            with the CBD diagnostic
 Diagnostic Center.                     diagnostic center that is mutually agreed   center.
                                        upon by the employer and the employee.     Proposing: The employer must
                                        The examination must be provided within     provide an evaluation at no
                                        30 days of either the events in paragraph   cost to the employee at a
                                        (k)(7)(i)(A) or (B).                        CBD diagnostic center that
                                                                                is mutually agreed upon by
                                                                                the employer and the
                                                                                employee. The employer must
                                                                                also provide, at no cost to
                                                                                the employee and within a
                                                                                reasonable time after the
                                                                                initial consultation with
                                                                                the CBD diagnostic center,
                                                                                any of the following tests
                                                                                if deemed appropriate by the
                                                                                examining physician at the
                                                                                CBD diagnostic center:
                                                                                pulmonary function testing
                                                                                (as outlined by the American
                                                                                Thoracic Society criteria),
                                                                                bronchoalveolar lavage
                                                                                (BAL), and transbronchial
                                                                                biopsy. The initial
                                                                                consultation with the CBD
                                                                                diagnostic center must be
                                                                                provided within 30 days of
                                                                                either the events in
                                                                                paragraph (k)(7)(i)(A) or
                                                                                (B).
Sec.   1915.1024(n)(1)(ii)(F)--        The name, social security number, and job   Remove the requirement to
 Recordkeeping --Air Monitoring Data.   classification of each employee             collect and record social
                                        represented by the monitoring, indicating   security numbers, as
                                        which employees were actually monitored.    follows:
                                                                                The name and job
                                                                                classification of each
                                                                                employee represented by the
                                                                                monitoring, indicating which
                                                                                employees were actually
                                                                                monitored.
Sec.   1915.1024(n)(3)(ii)(B)--        The record must include the following       Remove the requirement to
 Recordkeeping-- Medical Surveillance.  information about the employee: Name,       collect and record of social
                                        social security number, and job             security numbers, as
                                        classification.                             follows: Name and job
                                                                                classification.
Sec.   1915.1024(n)(4)(i)--            At the completion of any training required  Remove the requirement to
 Recordkeeping--Training.               by this standard, the employer must         collect and record social
                                        prepare a record that indicates the name,   security numbers, as
                                        social security number, and job             follows:
                                        classification of each employee trained,   At the completion of any
                                        the date the training was completed, and    training required by this
                                        the topic of the training.                  standard, the employer must
                                                                                prepare a record that
                                                                                indicates the name and job
                                                                                classification of each
                                                                                employee trained, the date
                                                                                the training was completed,
                                                                                and the topic of the
                                                                                training.
----------------------------------------------------------------------------------------------------------------

    4. OMB Control Number: 1218-NEW2.
    5. Affected Public: Business or other-for-profit. This standard
applies to employers in the shipyards industry who have employees that
may have occupational exposures to any form of beryllium, including
compounds and mixtures, except those articles and materials exempted by
paragraphs (a)(2) and (3) of the standard.
    6. Number of Respondents: 925.
    7. Frequency of Responses: On occasion; quarterly, semi-annually,
annual; biannual.
    8. Number of Reponses: 10,794.
    9. Average Time per Response: Various.
    10. Estimated Annual Total Burden Hours: 6,609.
    11. Estimated Annual Total Cost (Capital-operation and
maintenance): $2,057,856.

D. Submitting Comments

    In addition to the 30 days provided for public comment on this
proposal, OSHA is providing an additional 30 days--for a total of 60
days from the date this document is published in the Federal Register--
for public comment on the information collection requirements contained
in the proposed updates to the beryllium standards for construction and
shipyards, as required by 5 CFR 1320.11(c).
    Members of the public who wish to comment on the revisions to the
paperwork requirements in this proposal must send their written
comments to the Office of Information and Regulatory Affairs, Attn: OMB
Desk Officer for the Department of Labor, OSHA (RIN 1218-AD29), Office
of Management and Budget, Room 10235,

Washington, DC 20503, Telephone:<PHONE_NUMBER>/Fax:<PHONE_NUMBER> (these
are not toll-free numbers), email<EMAIL_ADDRESS>The
agency encourages commenters also to submit their comments on these
paperwork requirements to the rulemaking docket (Docket Number OSHA-
2019-0006), along with their comments on other parts of the proposed
rule. For instructions on submitting these comments to the rulemaking
docket, see the sections of this Federal Register document titled DATES
and ADDRESSES. Comments submitted in response to this document are
public records; therefore, OSHA cautions commenters about submitting
personal information such as Social Security Numbers and dates of
birth.

E. Docket and Inquiries

    To access the docket to read or download comments and other
materials related to this paperwork determination, including the
complete ICR (containing the Supporting Statement with attachments
describing the paperwork determinations in detail) use the procedures
described under the section of this document titled ADDRESSES.
    You also may obtain an electronic copy of the complete ICR by
visiting the web page at: http://www.reginfo.gov/public/do/PRAMain,
scroll under ``Currently Under Review'' to ``Department of Labor
(DOL)'' to view all of the DOL's ICRs, including those ICRs submitted
for proposed rulemakings. To make inquiries, or to request other
information, contact Ms. Seleda Perryman, Directorate of Standards and
Guidance, telephone<PHONE_NUMBER>.

VII. Federalism

    OSHA reviewed this proposal in accordance with the Executive Order
on Federalism (E.O. 13132, 64 FR 43255, August 10, 1999), which
requires that Federal agencies, to the extent possible, refrain from
limiting State policy options, consult with States prior to taking any
actions that would restrict State policy options, and take such actions
only when clear constitutional and statutory authority exists and the
problem is national in scope. E.O. 13132 provides for preemption of
State law only with the expressed consent of Congress. Any such
preemption is to be limited to the extent possible.
    Under Section 18 of the OSH Act, Congress expressly provides that
States and U.S. territories may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards. OSHA refers to such States and territories as ``State Plan
States'' (29 U.S.C. 667). Occupational safety and health standards
developed by State Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. Subject to these requirements, State Plan States are
free to develop and enforce under State law their own requirements for
safety and health standards.
    OSHA previously concluded that promulgation of the beryllium
standard complies with E.O. 13132 (82 FR at 2633), so this proposal
complies with E.O. 13132. In States without OSHA-approved State Plans,
Congress expressly provides for OSHA standards to preempt State
occupational safety and health standards in areas addressed by the
Federal standards. In these States, this proposal would limit State
policy options in the same manner as every standard promulgated by
OSHA. In States with OSHA-approved State Plans, this rulemaking would
not significantly limit State policy options.

VIII. State Plan States

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 28 States and U.S. territories
with their own OSHA approved occupational safety and health plans
(``State Plan States'') must amend their standards to reflect the new
standard or amendment, or show OSHA why such action is unnecessary,
e.g., because an existing State standard covering this area is ``at
least as effective'' as the new Federal standard or amendment. 29 CFR
1953.5(a). The State standard must be at least as effective as the
final Federal rule. State Plans must adopt the Federal standard or
complete their own standard within six months of the promulgation date
of the final Federal rule. When OSHA promulgates a new standard or
amendment that does not impose additional or more stringent
requirements than an existing standard, State Plan States are not
required to amend their standards, although the agency may encourage
them to do so. The 28 States and U.S. territories with OSHA-approved
occupational safety and health plans are: Alaska, Arizona, California,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
Connecticut, Illinois, Maine, New Jersey, New York, and the Virgin
Islands have OSHA-approved State Plans that apply to State and local
government employees only.
    This proposal applies to the construction and shipyards industries.
If adopted as proposed, the revised standards, in conjunction with
other existing OSHA standards, would provide equivalent protection to
the 2017 beryllium standards. Therefore, State Plan States whose
current laws are at least as effective as the 2017 final rule would not
have to revise these laws. State Plan States may nonetheless choose to
conform to these proposed revisions if finalized.

IX. Unfunded Mandates Reform Act

    OSHA reviewed this proposal according to the Unfunded Mandates
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093). As discussed above in Section IV
(``Preliminary Economic Analysis and Regulatory Flexibility
Certification'') of this preamble, the agency preliminarily determined
that this proposal would not impose significant additional costs on any
private- or public-sector entity. Further, OSHA previously concluded
that the rule would not impose a Federal mandate on the private sector
in excess of $100 million (adjusted annually for inflation) in
expenditures in any one year (82 FR at 2634). Accordingly, this
proposal would not require significant additional expenditures by
either public or private employers.
    As noted above under Section VII (``State-Plan States''), the
agency's standards do not apply to State and local governments except
in States that have elected voluntarily to adopt a State Plan approved
by the agency. Consequently, this proposal does not meet the definition
of a ``Federal intergovernmental mandate'' (see Section 421(5) of the
UMRA (2 U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the
agency certifies that this proposal would not mandate that State,
local, or Tribal governments adopt new, unfunded regulatory obligations
of, or increase expenditures by the private sector by, more than $100
million in any year.

X. Environmental Impacts

    OSHA has reviewed this proposed beryllium rule according to the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), the regulations of the Council on Environmental Quality (40 CFR
part 1500), and the Department of Labor's NEPA procedures (29 CFR part
11). OSHA has made a preliminary determination that this proposed rule
would have no significant impact on air,

water, or soil quality; plant or animal life; the use of land; or
aspects of the external environment.

XI. Consultation and Coordination with Indian Tribal Governments

    OSHA reviewed this proposed rule in accordance with E.O. 13175 (65
FR 67249) and determined that it does not have ``tribal implications''
as defined in that order. This proposal does not have substantial
direct effects on one or more Indian tribes, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.

List of Subjects in 29 CFR Parts 1915 and 1926

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

Authority and Signature

    This document was prepared under the direction of Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 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.

[Corrected]Signed at Washington, DC, on September 24, 2019.

_____________________________________

Loren Sweatt,
Principal Deputy 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 1915 and 1926, of the Code of Federal Regulations is proposed
to be amended as follows:

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

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1. The authority citation for part 1915 continues to read as follows:

     Authority:  33 U.S.C. 941; 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.

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2. Amend Sec.  1915.1024 as follows:
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a. In paragraph (b):
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i. Add a definition for ``Beryllium sensitization'' in alphabetical
order;
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ii. Revise the definitions of ``CBD diagnostic center,'' ``Chronic
beryllium disease (CBD),'' and ``Confirmed positive''; and
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iii. Remove the definition of ``Emergency'';
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b. Revise paragraph (f)(1)(i)(A);
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c. Remove paragraphs (f)(1)(i)(B), (C), (D), (E), and (H);
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