Preliminary Initial Considerations for a Draft Proposed Standard for
General Industries, Construction and Maritime

PART 1910... - [AMENDED]		General industry

PART 1915... - [AMENDED]  	Maritime

PART 1926... -	[AMENDED] 	Construction

 (a)	Scope.

	This standard applies to occupational exposures to Beryllium in all
forms and compounds in general industry, construction, and maritime.

(b)	Definitions.

Action level means a concentration of airborne Beryllium   of XXX
micrograms per cubic meter of air (XXX (g/m3) calculated as an 8-hour
time-weighted average (TWA).

  	Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.

Beryllium [or Be] means Beryllium in any form and in any compound

Beryllium-induced Lymphocyte Proliferation Test (BeLPT) means an in
vitro measure of the beryllium antigen-specific, cell-mediated immune
response 

Chronic Beryllium Disease (CDB) means a chronic lung disease
characterized by the formation of granulomas with varying degrees of
interstitial fibrosis.  The symptoms associated with chronic beryllium
disease include chest pain, cough, and/or dypsnea with relatively mild
exertion.

Director means the Director of the National Institute for Occupational
Safety and Health (NIOSH), U.S. Department of Health and Human Services,
or designee.

Employee exposure means the exposure to airborne Beryllium   that would
occur if the employee were not using a respirator. 

Emergency means any occurrence that results, or is likely to result, in
an uncontrolled release of Beryllium. If an incidental release of
Beryllium can be controlled at the time of release by employees in the
immediate release area, or by maintenance personnel, it is not an
emergency.

High-efficiency particulate air [HEPA] filter means a filter that is at
least 99.97 percent efficient in removing mono- dispersed particles of
0.3 micrometers in diameter or larger.Physician or other licensed
health care professional [PLHCP] is an individual whose legally
permitted scope of practice (i.e., license, registration, or
certification) allows him or her to independently provide or be
delegated the responsibility to provide some or all of the particular
health care services required by paragraph (k) of this section.  

Regulated area means an area, demarcated by the employer, where an
employee's exposure to airborne concentrations of Beryllium exceeds, or
can reasonably be expected to exceed, the PEL.  

This section means this Beryllium standard.  

(c)	Permissible Exposure Limit (PEL).

(1) The employer shall ensure that no employee is exposed to an airborne
concentration of Beryllium in excess of XXX microgram(s) per cubic meter
of air (XXX μg/m3), calculated as an 8-hour time-weighted average
(TWA).

(d)	Exposure Assessment.

(1)  General.

The employer shall determine the 8-hour TWA exposure for each employee
on the basis of a sufficient number of personal breathing zone air
samples to accurately characterize full shift exposure on each shift,
for each job classification, in each work area. Where an employer does
representative sampling instead of sampling all employees in order to
meet this requirement, the employer shall sample the employee(s)
expected to have the highest Beryllium exposures.

(2)  Initial Exposure Monitoring.  

(i) Except as provided for in paragraphs (d)(2)(ii) and (d)(2)(iii),
each employer who has a workplace or work operation covered by this
section shall determine if any employee may be exposed to Beryllium at
or above the action level, or may be subject to routine contact with
beryllium powders, dusts or contact with contaminated surfaces, and
shall base further actions on the assessment results.

(ii) Where the employer has monitored for Beryllium   in the past 12
months, and the data were obtained during work operations conducted
under workplace conditions closely resembling the processes, types of
material, control methods, work practices, and environmental conditions
used and prevailing in the employer's current operations, and where that
monitoring satisfies all other requirements of this section, including
the accuracy and confidence levels of paragraph (d)(6), the employer may
rely on such earlier monitoring results to satisfy the requirements for
initial monitoring.

(iii) Where the employer has objective data demonstrating that a
material containing Beryllium or a specific process, operation, or
activity involving Beryllium cannot release dust, fumes, or mist of
Beryllium in concentrations at or above the action level under any
expected conditions of use, the employer may rely upon such data to
satisfy initial monitoring requirements. The data must reflect workplace
conditions closely resembling the processes, types of material, control
methods, work practices, and environmental conditions in the employer's
current operations.

(3)	Periodic Monitoring.

(i) If initial monitoring indicates that employee exposures are below
the action level, the employer may discontinue monitoring for those
employees whose exposures are represented by such monitoring. 

(ii)	If initial monitoring reveals employee exposures to be at or above
the action level, the employer shall perform periodic monitoring at
least every six months.

(iii) If initial monitoring reveals employee exposures to be at or above
the PEL, the employer shall perform periodic monitoring at least every
three months.

(iv) If periodic monitoring indicates that employee exposures are below
the action level, and the result is confirmed by the result of another
monitoring taken at least seven days later, the employer may discontinue
the monitoring for those employees whose exposures are represented by
such monitoring.

(4)  Additional Monitoring.

The employer shall perform additional monitoring when there has been any
change in the production process, raw materials, equipment, personnel,
work practices, or control methods that may result in new or additional
exposures to Beryllium, or when the employer has any reason to believe
that new or additional exposures have occurred. 

(5)  Employee Notification of Monitoring Results.

(i) Within 15 working days after the receipt of the results of any
monitoring performed under this section, the employer shall either
notify each affected employee individually in writing of the results or
shall post the results of the exposure monitoring in an appropriate
location that is accessible to all affected employees. 

(ii) Whenever monitoring results indicate that employee exposure is
above the PEL, the employer shall describe in the written notification
the corrective action being taken to reduce employee exposure to or
below the PEL.

(6)  Accuracy of Measurement.

(i) The employer shall use a method of monitoring that produces results
that are accurate to within a statistical confidence level of 95
percent.

(ii) The employer shall use an analytical method that measures airborne
Beryllium to within an accuracy of plus or minus 25 percent (+/- 25%) at
or above the action level. 

(7)  Observation of Monitoring. 

(i) The employer shall provide affected employees or their designated
representatives an opportunity to observe any monitoring of employee
exposure to Beryllium.

(ii) When observation of monitoring requires entry into an area where
the use of protective clothing or equipment is required, the employer
shall provide the observer with clothing and equipment and shall assure
that the observer uses such clothing and equipment and complies with all
other applicable safety and health procedures.

(e)	Regulated Areas.

(1)  Establishment.

The employer shall establish a regulated area wherever an employee's
exposure to airborne concentrations of Beryllium   is, or can reasonably
be expected to be, in excess of the PEL.

(2)  Demarcation.

The employer shall ensure that regulated areas are demarcated from the
rest of the workplace in any manner that adequately establishes and
alerts employees of the boundaries of the regulated area.

(3)  Access.

The employer shall limit access to regulated areas to:

(i) Persons authorized by the employer and required by work duties to be
present in the regulated area;

(ii) Any person entering such an area as a designated representative of
employees for the purpose of exercising the right to observe monitoring
procedures under paragraph (d) of this section; or

(iii) Any person authorized by the Occupational Safety and Health Act or
regulations issued under it to be in a regulated area.

 

(f) Methods of Compliance.

	(1)	Written Exposure Control Plan.

	(i) Each employer who has a workplace or work operation with exposure
over the action level or the potential for significant skin contact
shall establish a written exposure control plan to minimize employee
exposure to airborne beryllium and employee exposure to eye or skin
contact with beryllium.

	(ii)  The exposure control plan for such employers shall contain at
least the following elements:

An inventory of locations of beryllium operations and other locations of
who are or who are likely to be exposed at these locations;

Procedures for minimizing cross-contamination;

Procedures for cleaning beryllium-contaminated products or equipment
before release from beryllium-contaminated work areas;

Procedures for cleaning beryllium-contaminated work surfaces; and 

Procedures for removal, storage and cleaning or disposal of personal
protective equipment.

	(iii) Each employer shall ensure that a copy of the Exposure Control
Plan is accessible to employees in accordance with 29 CFR 1910.20(e).

(2)  Engineering and Work Practice Controls.

The employer shall use engineering and work practice controls to reduce
and maintain employee exposure to Beryllium   to or below the PEL unless
the employer can demonstrate that such controls are not feasible.
Wherever feasible engineering and work practice controls are not
sufficient to reduce employee exposure to or below the PEL, the employer
shall use them to reduce employee exposure to the lowest levels
achievable, and shall supplement them by the use of respiratory
protection that complies with the requirements of paragraph (g) of this
section. 

(3)  Prohibition of Rotation.

The employer shall not rotate employees to different jobs to achieve
compliance with the PEL.

 

(g) Respiratory Protection.

(1) 	General.

The employer shall provide respiratory protection for employees during:

(i) Periods necessary to install or implement feasible engineering and
work practice controls;

(ii) Work operations, such as maintenance and repair activities, for
which engineering and work practice controls are not feasible;

(iii) Work operations for which an employer has implemented all feasible
engineering and work practice controls and such controls are not
sufficient to reduce exposures to or below the PEL; or

(iv) Emergencies.

(2)  Respiratory Protection Program.

Where respirator use is required by this section, the employer shall
institute a respiratory protection program in accordance with 29 CFR
1910.134.

(h)	Protective Work Clothing and Equipment.

(1)  Provision and Use.  

Where employee exposure to Beryllium exceeds the PEL, or where there is
anticipated skin exposure from routine handling of beryllium powders and
dusts or contact with contaminated surfaces, the employer shall provide
appropriate personal protective clothing and equipment at no cost to the
employee, and shall ensure that the employee uses such clothing and
equipment in accordance with the written exposure control plan required
under paragraph (f)(1) of this section.(2)  Removal and Storage.

(i) The employer shall ensure that employees remove all protective
clothing and equipment contaminated with Beryllium   at the end of the
work shift or at the completion of their tasks involving Beryllium
exposure, whichever comes first, and do so only in change rooms provided
in accordance with paragraph (i) of this section.

(ii) The employer shall ensure that no employee removes
Beryllium-contaminated protective clothing or equipment from the
workplace, except for those employees whose job it is to launder, clean,
maintain, or dispose of such clothing or equipment.

(iii) When contaminated protective clothing or equipment is removed for
laundering, cleaning, maintenance, or disposal, the employer shall
ensure that it is stored and transported in sealed, impermeable bags or
other closed, impermeable containers.

(iv) Bags or containers of contaminated protective clothing or equipment
that are removed from change rooms for laundering, cleaning,
maintenance, or disposal shall be labeled in accordance with paragraph
(l) of this section.

(3)  Cleaning and Replacement.

(i) The employer shall clean, launder, repair and replace all protective
clothing and equipment required by this section as needed to maintain
its effectiveness.

(ii) The employer shall prohibit the removal of Beryllium from
protective clothing and equipment by blowing, shaking, or any other
means that disperses Beryllium into the air or onto an employee's body.

(iii) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with Beryllium of the
potentially harmful effects of exposure to Beryllium and that the
clothing and equipment should be laundered or cleaned in a manner that
minimizes skin or eye contact with Beryllium and effectively prevents
the release of airborne Beryllium in excess of the PEL.

(i)	Hygiene Areas and Practices.

(1)  General.

Where employee exposure to Beryllium exceeds the PEL, or where there is
anticipated skin exposure from routine handling of beryllium powders and
dusts or contact with contaminated surfaces, the employer shall provide
change rooms, showers and handwashing facilities in conformance with 29
CFR 1910.141. Eating and drinking facilities provided by the employer
shall also be in conformance with 1910.141.

(2)  Change Rooms.

The employer shall assure that change rooms are equipped with separate
storage facilities for protective clothing and equipment and for street
clothes, and that these facilities prevent cross-contamination.(3) 
Showers and handwashing Facilities.

(i) The employer shall provide readily accessible handwashing facilities
capable of removing Beryllium from the skin, and shall ensure that
affected employees use these facilities when necessary.

(ii) The employer shall ensure that employees who have eye or skin
contact with Beryllium wash their hands and faces at the end of the work
shift and prior to eating, drinking, smoking, chewing tobacco or gum,
applying cosmetics, or using the toilet.

(iii) The employer shall assure that employees exposed above the PEL
shower during the end of the workshift.

(4)  Eating and Drinking Facilities.

(i) Whenever the employer allows employees to consume food or beverages
at a worksite where Beryllium is present, the employer shall ensure that
eating and drinking areas and surfaces are maintained as free as
practicable of Beryllium, and that no employee in eating and drinking
facilities is exposed at any time to Beryllium at or above the action
level.

(ii) The employer shall ensure that employees do not enter eating and
drinking areas with protective work clothing or equipment unless surface
Beryllium has been removed from the clothing and equipment by methods
that do not disperse Beryllium into the air or onto an employee's body.

(5)  Prohibited Activities.

The employer shall ensure that employees do not eat, drink, smoke, chew
tobacco or gum, or apply cosmetics in regulated areas, or in areas where
skin or eye contact is reasonably anticipated; or carry the products
associated with these activities, or store those products in these
areas.

(j)	Housekeeping.

(1)  General.

The employer shall ensure that:

(i) All surfaces are maintained as free as practicable of accumulations
of Beryllium and adhere to procedures developed under the exposure
control plan required under paragraph (f)(1) of this section.

(ii)	All spills and releases of Beryllium containing material are
cleaned up promptly and adhere to procedures developed under the
exposure control plan required under paragraph (f)(1) of this section.

(2)  Cleaning Methods.

(i) The employer shall ensure that surfaces contaminated with Beryllium
are cleaned by HEPA-filter vacuuming or other methods that minimize the
likelihood of exposure to Beryllium.

(ii) Shoveling, sweeping, and brushing may be used only where
HEPA-filtered vacuuming or other methods that minimize the likelihood of
exposure to Beryllium have been tried and found not to be
effective.(iii) The employer shall not allow compressed air to be used
to remove Beryllium from any surface unless the compressed air is used
in conjunction with a ventilation system designed to capture the dust
cloud created by the compressed air.

(iv) The employer shall ensure that cleaning equipment is handled in a
manner that minimizes the reentry of Beryllium   into the workplace.

(3)  Disposal.

The employer shall ensure that:

(i) Waste, scrap, debris, and any other materials contaminated with
Beryllium and consigned for disposal are collected and disposed of in
sealed, impermeable bags or other closed, impermeable containers.

(ii) Bags or containers of waste, scrap, debris, and any other materials
contaminated with Beryllium that are consigned for disposal are labeled
in accordance with paragraph (l) of this section. 

(k)	Medical Surveillance.

(1)  General. 

(i) The employer shall make medical surveillance available at no cost to
the employee, and at a reasonable time and place, for all employees who
are:

(A) Occupationally exposed to Beryllium at or above the action level or
have skin exposure from routine handling of beryllium powders and dusts
or contact with contaminated surfaces;

(B) Exposed in an emergency; or

(C) Experiencing signs or symptoms of the adverse health effects
associated with Beryllium exposure.

   		(ii) The employer shall assure that all medical examinations and
procedures required by this section are performed according to generally
accepted medical practice by or under the supervision of a PLHCP.  

(2)  Frequency.

	The employer shall provide a medical examination:

(i) Within 30 days after initial assignment, unless the employee has
received a Beryllium related medical examination, provided in accordance
with this standard, within the last twelve months;

     	(ii) Annually;

(iii) Within 30 days after a PLHCP's written medical opinion recommends
an additional examination;

(iv) Whenever an employee shows signs or symptoms of the adverse health
effects associated with Beryllium exposure;

(v) Within 30 days after exposure during an emergency which results in
an uncontrolled release of Beryllium; or

 (vi) At the termination of employment, unless the last examination that
satisfied the requirements of paragraph (k) of this section was less
than six months prior to the date of termination.

(3)  Contents of Examination.A medical examination consists of:

(i) A medical and work history, with emphasis on: past, present, and
anticipated future exposure to Beryllium; any history of respiratory
system dysfunction; and any positive BeLPT;

(ii) A physical examination of the skin and respiratory tract; 		

(iii) a BeLPT for those employees who have not previously been confirmed
positive; and

(iv) Any additional tests deemed appropriate by the examining PLHCP.

(4)  Information Provided to the PLHCP.

The employer shall ensure that the examining PLHCP has a copy of this
standard, and shall provide the following information:

(i) A description of the affected employee's former, current, and
anticipated duties as they relate to the employee's occupational
exposure to Beryllium;

  		(ii) The employee's former, current, and anticipated levels of
occupational exposure to Beryllium; 

(iii) A description of any personal protective equipment used or to be
used by the employee, including when and for how long the employee has
used that equipment; and 

(iv) Information from records of employment-related medical examinations
previously provided to the affected employee, currently within the
control of the employer.

(5)  PLHCP's Written Medical Opinion.

(i) The employer shall obtain a written medical opinion from the PLHCP,
within 30 days for each medical examination performed on each employee,
which contains:

(A) The PLHCP's opinion as to whether the employee has 

any detected medical condition(s) that would place the employee at
increased risk of material impairment to health from further exposure to
Beryllium;

(B) Any recommended limitations upon the employee’s exposure to
Beryllium or upon the use of personal protective equipment such as
respirators;

(C) A statement that the PLHCP has explained to the employee the results
of the medical examination, including any medical conditions related to
Beryllium exposure that require further evaluation or treatment, and any
special provisions for use of protective clothing or equipment. 

(ii) The PLHCP shall not reveal to the employer specific findings or
diagnoses unrelated to occupational exposure to Beryllium.

(iii) The employer shall provide a copy of the PLHCP's written medical
opinion to the examined employee within two weeks after receiving it.

	

(l)	Communication of Beryllium Hazards to Employees.

(1)  General.

In addition to the requirements of the Hazard Communication Standard,
29 CFR 1910.1200, for labels, material safety data sheets, and training,
employers shall comply with the following requirements.	 

(2)  Warning Signs.

(i) The employer shall ensure that legible and readily visible warning
signs are displayed at all approaches to regulated areas so that an
employee may read the signs and take necessary protective steps before
entering the area.

(ii) Warning signs required by paragraph (l)(2)(i) of this section shall
include at least the following information:

	DANGER

	BERYLLIUM  

	RESPIRATORY AND CANCER HAZARD

	AUTHORIZED PERSONNEL ONLY

                 RESPIRATORS REQUIRED IN THIS AREA

(3)  Warning Labels.

The employer shall ensure that bags or containers of contaminated
clothing and equipment to be removed for laundering, cleaning, or
maintenance, and containers of waste, scrap, debris, and any other
materials contaminated with Beryllium that are consigned for disposal,
bear appropriate warning labels that include at least the following
information:

	

DANGER

	CONTAINS BERYLLIUM  

	RESPIRATORY AND CANCER HAZARD

(4)  Employee Information and Training.

(i) For all employees who are potentially exposed to airborne Beryllium
or who have eye or skin contact with beryllium, the employer shall
provide training, ensure employee participation in training, and
maintain a record of the training provided. 

(ii) Initial training shall be provided prior to or at the time of
initial assignment to a job involving potential exposure to Beryllium.
An employer who is able to demonstrate that a new employee has received
training within the last 12 months that addresses the elements specified
in this paragraph is not required to repeat such training provided that
the employee can demonstrate knowledge of those elements.

(iii) The employer shall provide training that is understandable to the
employee and shall ensure that each employee can demonstrate knowledge
of at least the following:

(A) The health hazards associated with Beryllium   exposure including
the signs and symptoms of chronic beryllium disease and an explanation
of the role of sensitization in developing chronic beryllium disease; 

(B) The location, manner of use, and release of Beryllium in the
workplace and the specific nature of operations that could result in
exposure to Beryllium, especially exposure above the PEL;

(C) The engineering controls and work practices associated with the
employee's job assignment; 

(D) The employer’s written exposure control plan

(D) The purpose, proper selection, fitting, proper use, and limitations
of respirators and protective clothing;

(E) Emergency procedures;

(F) Measures employees can take to protect themselves from exposure to
Beryllium, including modification of personal hygiene and habits;

(G) The purpose and a description of the medical surveillance program
required by paragraph (k) of this section including a description of the
BeLPT and an explanation of the possible outcomes of the test;

(H) The contents of this section; and

(I) The employee's rights of access to records under 29 CFR
1910.1020(g).

(iv) The employer shall provide additional training when:

(A) Training is necessary to ensure that each employee maintains an
understanding of the safe use and handling of Beryllium in the
workplace.

(B) Workplace changes (such as modification of equipment, tasks, or
procedures) result in an increase in employee exposures to Beryllium,
and where those exposures exceed or can reasonably be expected to exceed
the action level or result in skin or eye contact, the employer shall
provide additional training as necessary to ensure that each affected
employee understands the proper procedures for safe handling and use of
Beryllium in the workplace.  

(v) The employer shall make a copy of this section and its appendices
readily available without cost to all affected employees.



(m)	Recordkeeping.

(1)  Exposure Measurements.

(i) The employer shall maintain an accurate record of all measurements
taken to monitor employee exposure to Beryllium as prescribed in
paragraph (d) of this section.

(ii) This record shall include at least the following information:

(A) The date of measurement for each sample taken;

(B) The operation involving exposure to Beryllium   that is being
monitored;

(C) Sampling and analytical methods used and evidence of their accuracy;

(D) Number, duration, and the results of samples taken;

(E) Type of personal protective equipment, such as respirators worn; and
	

(F) Name, social security number, and job classification of all
employees represented by the monitoring, indicating which employees
where actually monitored.

(iii) The employer shall ensure that exposure records are maintained and
made available in accordance with 29 CFR 1910.1020.

(2)  Historical Monitoring Data.

(i) Where the employer has monitored for Beryllium in the past 12
months, and has relied on this historical monitoring data to demonstrate
that exposures on a particular job will be below the action level, the
employer shall establish and maintain an accurate record of the
historical monitoring data relied upon.

(ii) The record shall include information that reflects the following
conditions:

(A) The data were collected using methods that meet the accuracy
requirements of paragraph (d)(6) of this section;

(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which initial monitoring will not be
performed;

(C) The characteristics of the Beryllium containing material being
handled when the historical monitoring data were obtained are the same
as those on the job for which initial monitoring will not be performed;

(D) Environmental conditions prevailing when the historical monitoring
data were obtained are the same as those on the job for which initial
monitoring will not be performed; and

(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.

(iii) The employer shall maintain this record for the duration of the
employer's reliance upon such historical monitoring data and shall make
such records available in accordance with 29 CFR 1910.1020.

(3)  Objective Data.

(i) Where an employer uses objective data to satisfy initial monitoring
requirements, the employer shall establish and maintain an accurate
record of the objective data relied upon.

(ii) This record shall include at least the following information:

(A) The Beryllium-containing material in question;

(B) The source of the objective data;

(C) The testing protocol and results of testing, or analysis of the
material for the release of Beryllium;

(D) A description of the operation exempted from initial monitoring and
how the data support the exemption; and

(E) Other data relevant to the operations, materials, processing or
employee exposures covered by the exemption.

(iii) The employer shall maintain this record for the duration of the
employer's reliance upon such objective data and shall make such records
available in accordance with 29 CFR 1910.1020. 

 (4)  Medical Surveillance.

(i) The employer shall establish and maintain an accurate record for
each employee covered by medical surveillance under paragraph (k) of
this section.

(ii) The record shall include the following information about the
employee:

(A) Name, social security number, and job classification;

(B) A copy of the PLHCP's written opinions;

(C) A copy of the information provided to the PLHCP as required by
paragraph (k)(4) of this section.

(iii) The employer shall ensure that medical records are maintained and
made available in accordance with 29 CFR 1910.1020.

(5)  Training.

(i) At the completion of training, the employer shall prepare a record
that indicates the identity of the individuals trained and the date the
training was completed.  This record shall be maintained for three (3)
years after the completion of training.

(ii) The employer shall provide to the Assistant Secretary or the
Director, upon request, all materials relating to employee information
and training.

(n)	Dates. 

(1)  Effective Date.

This section shall become effective [insert date 60 days after
publication in the Federal Register]. 

(2)  Start-Up Dates.

All obligations of this section commence 90 days after the effective
date except as follows:

(i) Change rooms required by paragraph (i) of this section shall be
provided no later than 1 year after the effective date. 

(ii) Engineering controls required by paragraph (f) of this section
shall be implemented no later than two (2) years after the effective
date. 

DRAFT DO NOT CITE OR QUOTE

 PAGE   

f

This information is distributed solely for the purpose of SBREFA review
under the Regulatory Flexibility Act.  It has not been formally
disseminated by OSHA.  It does not represent and should not be construed
to represent any agency determination or policy.

