                                  Memorandum


To: Robert Stone, Bryan Lincoln, OSHA
From: Daniel Ertis, Chet Fenton, ERG
Subject: Compliance with California's Beryllium PEL
Date: April 19, 2016

ERG reached out to three entities (two California-based consultants, one business) who have experience with beryllium oxide (BeO) processing in California. Both consultants were included on a list of industrial hygienists published by Materion who have expertise in beryllium control measures (Materion Beryllium Consultant Network). All three entities were in agreement that there have been no significant impacts to industry since Cal/OSHA lowered the Be PEL in 2006.
 
The one business we spoke with (a BeO machining, grinding, and polishing shop) noted the Be controls they had in place prior to the lowering of the PEL were adequate for compliance with the new standard. This entity regularly performs personal and area sampling and often finds beryllium levels that are below detectible limits. One consultant described potential compliance challenges related to "controlled areas" that workers might need to adjust to. For example, if workers are used to eating their lunch in the shop itself, there might be pushback if OSHA's rule doesn't allow that behavior. Additionally, depending on how a given facility is laid out, there might be design challenges such as managerial offices that open directly to the shop floor. 

