OSHA moves to push back beryllium standard enforcement

March 30th, 2018 by Dakota Software Staff

The Occupational Safety and Health Administration recently announced plans to delay enforcement of its recently updated beryllium exposure standards by 60 days. That pause pushes the deadline for compliance with the new health and safety regulation to May 11, Health + Safety magazine reported.

OSHA clearing legal issues before enforcement begins

"OSHA's new beryllium rule won't be enforced until May 11."

Businesses can use the additional time to ensure they've complied with the changes to the rule, although that's not the reason for the federal watchdog's decision. A statement from Thomas Galassi OSHA's director of the Directorate of Enforcement Programs, indicated legal challenges caused the stall in enforcement. Although the lawsuits related to changes to the standard for general industry have themselves been settled, there are still settlements to finalize before the situation can be seen as completely free and clear for further progress.

Inspections conducted in the interim that find issues with overexposure based on the new standard will involve sharing of information and extension of an offer of assistance to help businesses comply, without any penalties involved.

"Furthermore, to ensure employers have adequate notice before OSHA begins enforcing them, as well as in the interest of uniform enforcement and clarity for employers, we have decided to also delay enforcement of the PEL and STEL in the construction and shipyard standards until May 11, 2018," Galassi's memo read. "No other parts of the construction and shipyard beryllium standards will be enforced without additional notice. In the interim, if an employer fails to meet the new PEL or STEL, OSHA will inform the employer of the exposure levels and offer assistance to assure understanding and compliance."

The new standards for beryllium exposure are:

• A permissible exposure limit set at an eight-hour average of no more than 0.2 micrograms per cubic liter of air.
• A 15-minute sample containing no more than 2 micrograms per cubic liter for short-term exposure

Beryllium can cause a variety of long-term, serious and potentially fatal complications following prolonged exposure, including lung cancer. Businesses that could be at risk for citations and follow-up actions from the federal regulator related to the element should use the extra time made available to them to ensure no area of a facility or worksite could lead to worker exposure above the new limits. A failure to do so could easily lead to complications and financial penalties.