Adoption of Federal Rules Occupational Exposure to Beryllium and Beryllium Compound in Construction and Shipyard Sectors 85 FR No. 169 - August 31, 2020s Parts: 10 OSH 1926, 12 OSH 1915

NUMBER: 9335 DATE: NOVEMBER 23, 2021 APPROVED: Félix E. Rivera Torres Undersecretary of State DLOIL Department of State Government of Puerto Rico Adoption of Federal Rule Occupational Exposure to Beryllium and Beryllium Compound in Construction and Shipyard Sectors 85 FR No. 169- August 31, 2020s Parts: 10 OSH 1926, 12 OSH 1915 Department of State File: DEPARTMENT OF LABOR AND HUMAN RESOURCES PUERTO RICO OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (PR OSHA) 53996 Federal Register / Vol. 85, No. Monday, August 31, 2020 / Rules and Regulations The agency issues the sections under q. Redesignate paragraphs (k)(7)(ii) results, an abnormal and a borderline the following authorities: 29 U.S.C. 653, through (v) as paragraphs (k)(7)(iii) test result, or three borderline test 655, 657; 40 U.S.C. 3704; 33 U.S.C. 941; through (vi). results from tests conducted within a 3- Secretary of Labor's Order 1-2012 (77 r. Add a new paragraph (k)(7)(ii). year period. It also means the result of FR 3912 (January 25, 2012)); and 29 CFR S, Revise paragraph (m)(1)(ii). a more reliable and accurate test part 1911. t. Remove paragraph (m)(3). indicating a person has been identified U. Redesignate paragraph (m)(4) as Signed at Washington, DC, on August 13, as having beryllium sensitization. paragraph (m)(3). * * * * * 2020. V. Revise newly redesignated Loren Sweatt, (f) * * * paragraphs (m)(3)(i) introductory text Principal Deputy Assistant Secretary of Labor (1) * * * and (m)(3)(ii)(A). for Occupational Safety and Health. (i) * * * W. Remove newly redesignated (A) A list of operations and job titles Amendments to Standards paragraph (m)(3)(ii)(D). reasonably expected to involve exposure For the reasons set forth in the X. Further redesignate newly to beryllium; redesignated paragraphs (m)(3)(ii)(E) * * * * * preamble, chapter XVII of title 29, parts through (I) as paragraphs (m)(3)(ii)(D) 1915 and 1926, of the Code of Federal (D) Procedures used to ensure the through (H). Regulations is amended as follows: integrity of each containment used to Z. Revise newly redesignated minimize exposures to employees PART 1915-OCCUPATIONAL SAFETY paragraphs (m)(3)(ii)(D) and (m)(3)(iv) outside of the containment; and AND HEALTH STANDARDS FOR and paragraphs (n)(1)(ii)(F), (n)(3)(ii)(A), (E) Procedures for removing, cleaning, SHIPYARD EMPLOYMENT and (n)(4)(i). and maintaining personal protective The revisions and additions read as clothing and equipment in accordance 1. The authority citation for part 1915 follows: with paragraph (h) of this standard. continues to read as follows; $1915.1024 Beryllium. (ii) Authority: 33 U.S.C. 941; 29 U.S.C. 653, * * * * * (B) The employer is notified that an 655, 657; Secretary of Labor's Order No. 12- (b) * * * employee is eligible for medical removal 71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 Beryllium sensitization means a in accordance with paragraph (1)(1) of (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 response in the immune system of a this standard, referred for evaluation at FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 specific individual who has been a CBD diagnostic center, or shows signs FR 55355), or 1-2012 (77 FR 3912); 29 CFR exposed to beryllium. There are no or symptoms associated with exposure part 1911; and 5 U.S.C. 553, as applicable. associated physical or clinical to beryllium; or * * * * * symptoms and no illness or disability 2. Amend § 1915.1024 by: with beryllium sensitization alone, but (2) Engineering and work practice a. In paragraph (b), add a definition the response that occurs through controls. The employer must use for "Beryllium sensitization" in beryllium sensitization can enable the engineering and work practice controls alphabetical order, revise the definitions immune system to recognize and react to reduce and maintain employee for "CBD diagnostic center," "Chronic to beryllium. While not every berylliumairborne exposure to beryllium to or beryllium disease (CBD)," and sensitized person will develop chronic below the TWA PEL and STEL, unless "Confirmed positive," and remove the beryllium disease (CBD), beryllium the employer can demonstrate that such definitions of "Emergency" and "Highsensitization is essential for controls are not feasible. Wherever the efficiency particulate air (HEPA) filter." development of CBD. employer demonstrates that it is not b. Revise paragraph (f)(1)(i)(A). CBD diagnostic center means a feasible to reduce airborne exposure to C. Remove paragraphs (f)(1)(i)(B), (C), medical diagnostic center that has a or below the PELs with engineering and (D), (E), and (H). pulmonologist or pulmonary specialist work practice controls, the employer d. Redesignate paragraphs (f)(1)(i)(F) on staff and on-site facilities to perform must implement and maintain and (G) as paragraphs (f)(1)(i)(B) and (C). a clinical evaluation for the presence of engineering and work practice controls e. In newly redesignated paragraph chronic beryllium disease (CBD). The to reduce airborne exposure to the (f)(1)(i)(C), remove the word "and" at CBD diagnostic center must have the lowest levels feasible and supplement the end of the paragraph; capacity to perform pulmonary function these controls by using respiratory f. Add new paragraphs (f)(1)(i)(D) and testing (as outlined by the American protection in accordance with paragraph (E). Thoracic Society criteria), (g) of this standard. g. Revise paragraphs (f)(1)(ii)(B), (f)(2), bronchoalveolar lavage (BAL), and * * * * * and (g)(1)(iii). transbronchial biopsy. The CBD (g) * * * h. Remove paragraph (g)(1)(iv). (1) * * * diagnostic center must also have the i. Redesignate paragraph (g)(1)(v) as capacity to transfer BAL samples to a (iii) During operations for which an paragraph (g)(1)(iv). laboratory for appropriate diagnostic employer has implemented all feasible j. Revise paragraphs (h)(1) and (2) and testing within 24 hours. The engineering and work practice controls (h)(3)(ii). pulmonologist or pulmonary specialist when such controls are not sufficient to k. Remove paragraph (h)(3)(iii). must be able to interpret the biopsy reduce airborne exposure to or below 1. Remove and reserve paragraph (i). pathology and the BAL diagnostic test the TWA PEL or STEL; and m. Revise paragraphs (j) and results. * * * * * (k)(1)(i)(B). Chronic beryllium disease (CBD) (h) * * * n. Remove paragraph (k)(1)(i)(C). means a chronic granulomatous lung (1) Provision and use. Where airborne 0. Redesignate paragraph (k)(1)(i)(D) disease caused by inhalation of airborne exposure exceeds, or can reasonably be as paragraph (k)(1)(i)(C). beryllium by an individual who is expected to exceed, the TWA PEL or p. Revise paragraphs (k)(2)(i)(B), beryllium-sensitized. STEL, the employer must provide at no (k)(2)(ii), (k)(3)(ii)(A), (k)(4)(i), and Confirmed positive means the person cost, and ensure that each employee (k)(7)(i) introductory text. tested has had two abnormal BeLPT test uses, appropriate personal protective Federal Register Vol. 85, No. 9/Monday, August 31, 2020 Rules and Regulations 53997 clothing and equipment in accordance accordance with paragraphs (g) and (h) Employers must ensure that each with the written exposure control plan of this standard. employee has access to labels on required under paragraph (f)(1) of this (5) The employer must ensure that containers of beryllium and to safety standard and OSHA's Personal cleaning equipment is handled and data sheets, and is trained in accordance Protective Equipment standards for maintained in a manner that minimizes with the requirements of the HCS (29 shipyards (subpart I of this part). the likelihood and level of airborne CFR 1910.1200) and paragraph (m)(3) of (2) Removal of personal protective exposure and the re-entrainment of this standard. clothing and equipment. (i) The airborne beryllium in the workplace. * * employer must ensure that each (k) * (3) * * * employee removes all personal (1) * * (i) For each employee who has, or can protective clothing and equipment (i) *** reasonably be expected to have, airborne required by this standard at the end of (B) Who shows signs or symptoms of exposure to beryllium; the work shift or at the completion of all CBD or other beryllium-related health * * * tasks involving beryllium, whichever effects; or (ii) * * * comes first. * * * * (A) The health hazards associated (ii) The employer must ensure that (2) * * * with exposure to beryllium, including personal protective clothing and (i) * * the signs and symptoms of CBD; equipment required by this standard is (B) An employee meets the criteria of * * * * not removed in a manner that disperses paragraph (k)(1)(i)(B) of this standard. (D) Measures employees can take to beryllium into the air, and is removed (ii) At least every two years thereafter protect themselves from exposure to as specified in the written exposure for each employee who continues to beryllium; control plan required by paragraph (f)(1) meet the criteria of paragraph * * * of this standard. (k)(1)(i)(A), (B), or (C) of this standard. (iv) The employer must make a copy (iii) The employer must ensure that * * of this standard and its appendices no employee with reasonably expected (3) * * * readily available at no cost to each exposure above the TWA PEL or STEL (ii) * * * employee and designated employee removes personal protective clothing (A) A medical and work history, with representative(s). and equipment required by this emphasis on past and present exposure (n) * standard from the workplace unless it to beryllium, smoking history, and any (1) * * has been cleaned in accordance with history of respiratory system (ii) * * paragraph (h)(3)(ii) of this standard. dysfunction; (F) The name and job classification of (3)*** each employee represented by the * * * (ii) The employer must ensure that monitoring, indicating which employees (4) * * * beryllium is not removed from personal were actually monitored. protective clothing and equipment (i) A description of the employee's * * * former and current duties that relate to required by this standard by blowing, (3) * * * shaking, or any other means that the employee's exposure to beryllium; (ii) * * * * * * disperses beryllium into the air. (A) Name and job classification; * * * * * (7) * * * * * * * (i) The employer must provide an (4) * * * (j) Housekeeping. (1) When cleaning dust resulting from operations that evaluation at no cost to the employee at (i) At the completion of any training cause, or can reasonably be expected to a CBD diagnostic center that is mutually required by this standard, the employer cause, airborne exposure above the agreed upon by the employer and the must prepare a record that indicates the TWA PEL or STEL, the employer must employee. The evaluation at the CBD name and job classification of each ensure the use of methods that diagnostic center must be scheduled employee trained, the date the training minimize the likelihood and level of within 30 days, and must occur within was completed, and the topic of the a reasonable time, of: airborne exposure. training. * * * * * (2) The employer must not allow dry * * * * * sweeping or brushing for cleaning up (ii) The evaluation must include any dust resulting from operations that tests deemed appropriate by the PART 1926-SAFETY AND HEALTH cause, or can reasonably be expected to examining physician at the CBD REGULATIONS FOR CONSTRUCTION cause, airborne exposure above the diagnostic center, such as pulmonary TWA PEL or STEL unless methods that function testing (as outlined by the Subpart Z-Toxic and Hazardous minimize the likelihood and level of American Thoracic Society criteria), Substances airborne exposure are not safe or bronchoalveolar lavage (BAL), and effective. transbronchial biopsy. If any of the tests 3. The authority citation for part 1926, deemed appropriate by the examining subpart Z, continues to read as follows: (3) The employer must not allow the use of compressed air for cleaning physician are not available at the CBD Authority: 40 U.S.C. 3704; 29 U.S.C. 653, where the use of compressed air causes, diagnostic center, they may be 655, 657; and Secretary of Labor's Order No. or can reasonably be expected to cause, performed at another location that is 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9- 83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 airborne exposure above the TWA PEL mutually agreed upon by the employer (62 FR 111), 3-2000 (65 FR 50017), 5-2002 or STEL. and the employee. (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (4) Where employees use dry * * * * (75 FR 55355), or 1-2012 (77 FR 3912) as sweeping, brushing, or compressed air (m) * * * applicable; and 29 CFR part 1911. to clean, the employer must provide, (1) * * Section 1926.1102 not issued under 29 and ensure that each employee uses, (ii) Employers must include beryllium U.S.C. 655 or 29 CFR part 1911; also issued respiratory protection and personal in the hazard communication program under 5 U.S.C. 553. protective clothing and equipment in established to comply with the HCS. 4. Amend 1926.1124 by: 53998 Federal Register 85, No. /Monday, August 31, 2020 Rules and Regulations a. In paragraph (b), add a definition with beryllium sensitization alone, but or symptoms associated with exposure for "Beryllium sensitization" in the response that occurs through to beryllium; or alphabetical order, revise the definitions beryllium sensitization can enable the * * * * for "CBD diagnostic center," "Chronic immune system to recognize and react (2) Engineering and work practice beryllium disease (CBD)," and to beryllium. While not every berylliumcontrols. The employer must use "Confirmed positive," and remove the sensitized person will develop chronic engineering and work practice controls definitions of "Emergency" and "Highberyllium disease (CBD), beryllium to reduce and maintain employee efficiency particulate air (HEPA) filter." sensitization is essential for airborne exposure to beryllium to or b. Revise paragraph (f)(1)(i)(A). development of CBD. below the TWA PEL and STEL, unless C. Remove paragraphs (f)(1)(i)(B), (C), CBD diagnostic center means a the employer can demonstrate that such (D), (E), and (H). medical diagnostic center that has a controls are not feasible. Wherever the d. Redesignate paragraphs (f)(1)(i)(F), pulmonologist or pulmonary specialist employer demonstrates that it is not (G), and (I) as paragraphs (f)(1)(i)(B), (C), on staff and on-site facilities to perform feasible to reduce airborne exposure to and (D). a clinical evaluation for the presence of or below the PELs with engineering and e. Remove the period at the end of chronic beryllium disease (CBD). The work practice controls, the employer newly redesignated paragraph CBD diagnostic center must have the must implement and maintain (f)(1)(i)(D) and add a semicolon in its capacity to perform pulmonary function engineering and work practice controls place. testing (as outlined by the American to reduce airborne exposure to the f. Add new paragraphs (f)(1)(i)(E) and Thoracic Society criteria), lowest levels feasible and supplement (F). bronchoalveolar lavage (BAL), and these controls by using respiratory g. Revise paragraphs (f)(1)(ii)(B), (f)(2), transbronchial biopsy. The CBD protection in accordance with paragraph and (g)(1)(iii). diagnostic center must also have the (g) of this standard. h. Remove paragraph (g)(1)(iv). capacity to transfer BAL samples to a * * * * * i. Redesignate paragraph (g)(1)(v) as laboratory for appropriate diagnostic (g) * * * paragraph (g)(1)(iv). testing within 24 hours. The (1) * * * j. Revise paragraphs (h)(1) and (2) and pulmonologist or pulmonary specialist (iii) During operations for which an (h)(3)(ii). must be able to interpret the biopsy employer has implemented all feasible k. Remove paragraph (h)(3)(iii). 1. Remove and reserve paragraph (i). pathology and the BAL diagnostic test engineering and work practice controls results. when such controls are not sufficient to m. Revise paragraphs (j) and (k)(1)(i)(B). Chronic beryllium disease (CBD) reduce airborne exposure to or below n. Remove paragraph (k)(1)(i)(C). means a chronic granulomatous lung the TWA PEL or STEL; and disease caused by inhalation of airborne * * * * O. Redesignate paragraph (k)(1)(i)(D) beryllium by an individual who is (h) * * * as paragraph (k)(1)(i)(C). p. Revise paragraphs (k)(2)(i)(B), beryllium-sensitized. (1) Provision and use. Where airborne * * * * * (k)(2)(ii), (k)(3)(ii)(A), (k)(4)(i), and exposure exceeds, or can reasonably be (k)(7)(i) introductory text. Confirmed positive means the person expected to exceed, the TWA PEL or q. Redesignate paragraphs (k)(7)(ii) tested has had two abnormal BeLPT test STEL, the employer must provide at no through (v) as paragraphs (k)(7)(iii) results, an abnormal and a borderline cost, and ensure that each employee through (vi). test result, or three borderline test uses, appropriate personal protective r. Add a new paragraph (k)(7)(ii). results from tests conducted within a 3- clothing and equipment in accordance S. Remove paragraph (m)(2). year period. It also means the result of with the written exposure control plan t. Redesignate paragraph (m)(3) as a more reliable and accurate test required under paragraph (f)(1) of this paragraph (m)(2). indicating a person has been identified standard and OSHA's Personal u. Revise newly redesignated as having beryllium sensitization. Protective and Life Saving Equipment paragraphs (m)(2)(i) introductory text * * * standards for construction (subpart E of and (m)(2)(ii)(A), this part). (f) * * * V. Remove newly redesignated (2) Removal of personal protective paragraph (m)(2)(ii)(D). (1) * * * clothing and equipment. (i) The (i) * * * W. Further redesignate newly employer must ensure that each redesignated paragraphs (m)(2)(ii)(E) (A) A list of operations and job titles employee removes all personal through (I) as paragraphs (m)(2)(ii)(D) reasonably expected to involve exposure protective clothing and equipment through (H). to beryllium; required by this standard at the end of X. Revise newly redesignated * * * * * the work shift or at the completion of all paragraphs (m)(2)(ii)(D) and (m)(2)(iv) (E) Procedures used to ensure the tasks involving beryllium, whichever and paragraphs (n)(1)(ii)(F), (n)(3)(ii)(A), comes first. integrity of each containment used to and (n)(4)(i). (ii) The employer must ensure that minimize exposures to employees The revisions and additions read as personal protective clothing and outside the containment; and follows: equipment required by this standard is (F) Procedures for removing, cleaning, not removed in a manner that disperses $1926,1124 Beryllium. and maintaining personal protective beryllium into the air, and is removed * * * * * clothing and equipment in accordance as specified in the written exposure (b) * * * with paragraph (h) of this standard. control plan required by paragraph (f)(1) Beryllium sensitization means a (ii) * * * of this standard. response in the immune system of a (B) The employer is notified that an (iii) The employer must ensure that specific individual who has been employee is eligible for medical removal no employee with reasonably expected exposed to beryllium. There are no in accordance with paragraph (l)(1) of exposure above the TWA PEL or STEL associated physical or clinical this standard, referred for evaluation at removes personal protective clothing symptoms and no illness or disability a CBD diagnostic center, or shows signs and equipment required by this Federal Register / Vol. 85, No. 9/Monday, August 31, 2020 / Rules and Regulations 53999 standard from the workplace unless it (1) performed at another location that is has been cleaned in accordance with (i) * * mutually agreed upon by the employer paragraph (h)(3)(ii) of this standard. (B) Who shows signs or symptoms of and the employee. (3) * CBD or other beryllium-related health ***** (ii) The employer must ensure that effects; or (m) * * * beryllium is not removed from personal * * * * * (2) *** protective clothing and equipment (2) * * * (i) For each employee who has, or can required by this standard by blowing, (i) *** shaking, or any other means that (B) An employee meets the criteria of reasonably be expected to have, airborne disperses beryllium into the air. paragraph (k)(1)(i)(B) of this standard. exposure to beryllium: * * * * * * * * * * (ii) At least every two years thereafter (ii) * * * (j) Housekeeping. (1) When cleaning for each employee who continues to up dust resulting from operations that meet the criteria of paragraph (A) The health hazards associated cause, or can reasonably be expected to (k)(1)(i)(A), (B), or (C) of this standard. with exposure to beryllium, including * cause, airborne exposure above the * * * * the signs and symptoms of CBD; (3) * * * * * * * * TWA PEL or STEL, the employer must ensure the use of methods that (ii) * * * (D) Measures employees can take to minimize the likelihood and level of (A) A medical and work history, with protect themselves from exposure to airborne exposure. emphasis on past and present exposure beryllium; (2) The employer must not allow dry to beryllium, smoking history, and any * * * * * sweeping or brushing for cleaning up history of respiratory system (iv) The employer must make a copy dust resulting from operations that dysfunction; of this standard and its appendices cause, or can reasonably be expected to * * * * * readily available at no cost to each cause, airborne exposure above the (4) * * * employee and designated employee TWA PEL or STEL unless methods that (i) A description of the employee's representative(s). minimize the likelihood and level of former and current duties that relate to (n) * * * airborne exposure are not safe or the employee's exposure to beryllium; (1) * * * effective. * * * * * (ii) * * * (3) The employer must not allow the (7) * * * (F) The name and job classification of use of compressed air for cleaning (i) The employer must provide an each employee represented by the where the use of compressed air causes, evaluation at no cost to the employee at monitoring, indicating which employees or can reasonably be expected to cause, a CBD díagnostic center that is mutually were actually monitored. airborne exposure above the TWA PEL agreed upon by the employer and the * * * * * or STEL. employee. The evaluation at the CBD (4) Where employees use dry diagnostic center must be scheduled (3) * * * sweeping, brushing, or compressed air within 30 days, and must occur within (ii) * * * to clean, the employer must provide, a reasonable time, of: (A) Name and job classification; * * * * * and ensure that each employee uses, * * * * respiratory protection and personal (ii) The evaluation must include any (4) *** protective clothing and equipment in tests deemed appropriate by the (i) At the completion of any training accordance with paragraphs (g) and (h) examining physician at the CBD required by this standard, the employer of this standard. diagnostic center, such as pulmonary must prepare a record that indicates the (5) The employer must ensure that function testing (as outlined by the name and job classification of each cleaning equipment is handled and American Thoracic Society criteria), employee trained, the date the training maintained in a manner that minimizes bronchoalveolar lavage (BAL), and was completed, and the topic of the the likelihood and level of airborne transbronchial biopsy. If any of the tests training. exposure and the re-entrainment of deemed appropriate by the examining * * * * * airborne beryllium in the workplace. physician are not available at the CBD [FR Doc. 2020-18017 Filed 8-28-20; 8:45 am) (k) * diagnostic center, they may be BILLING CODE 4510-26-P