- Part Number:1910
- Part Number Title:Occupational Safety and Health Standards
- Subpart:1910 Subpart Z
- Subpart Title:Toxic and Hazardous Substances
- Standard Number:
- GPO Source:
This standard does not apply to articles, as defined in the Hazard Communication standard (HCS) (§1910.1200(c)), that contain beryllium and that the employer does not process.
Definitions. As used in this standard:
Action level means a concentration of airborne beryllium of 0.1 micrograms per cubic meter of air (μg/m3) calculated as an 8-hour time-weighted average (TWA).
Airborne exposure and airborne exposure to beryllium mean the exposure to airborne beryllium that would occur if the employee were not using a respirator.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, United States Department of Labor, or designee.
Beryllium lymphocyte proliferation test (BeLPT) means the measurement of blood lymphocyte proliferation in a laboratory test when lymphocytes are challenged with a soluble beryllium salt.
Beryllium work area means any work area:
(i) Containing a process or operation that can release beryllium and that involves material that contains at least 0.1 percent beryllium by weight; and
(ii) Where employees are, or can reasonably be expected to be, exposed to airborne beryllium at any level or where there is the potential for dermal contact with beryllium.
CBD diagnostic center means a medical diagnostic center that has an on-site pulmonary specialist and on-site facilities to perform a clinical evaluation for the presence of chronic beryllium disease (CBD). This evaluation must include pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must also have the capacity to transfer BAL samples to a laboratory for appropriate diagnostic testing within 24 hours. The on-site pulmonary specialist must be able to interpret the biopsy pathology and the BAL diagnostic test results.
Chronic beryllium disease (CBD) means a chronic lung disease associated with airborne exposure to beryllium.
Confirmed positive means the person tested has beryllium sensitization, as indicated by two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.
Contaminated with beryllium and beryllium-contaminated mean contaminated with dust, fumes, mists, or solutions containing beryllium in concentrations greater than or equal to 0.1 percent by weight.
Dermal contact with beryllium means skin exposure to:
(i) Soluble beryllium compounds containing beryllium in concentrations greater than or equal to 0.1 percent by weight;
(ii) Solutions containing beryllium in concentrations greater than or equal to 0.1 percent by weight; or
(iii) Dust, fumes, or mists containing beryllium in concentrations greater than or equal to 0.1 percent by weight.
Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which may or does result in an uncontrolled and unintended release of airborne beryllium that presents a significant hazard.
High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing particles 0.3 micrometers in diameter.
Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating airborne exposure to beryllium associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher airborne exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows the individual to independently provide or be delegated the responsibility to provide some or all of the health care services required by paragraph (k) of this standard.
Regulated area means an area, including temporary work areas where maintenance or non-routine tasks are performed, where an employee's airborne exposure exceeds, or can reasonably be expected to exceed, either the time-weighted average (TWA) permissible exposure limit (PEL) or short term exposure limit (STEL).
This standard means this beryllium standard, 29 CFR 1910.1024.
Where the most recent exposure monitoring indicates that airborne exposure is at or above the action level but at or below the TWA PEL, the employer must repeat such monitoring within six months of the most recent monitoring.
Where the most recent (non-initial) exposure monitoring indicates that airborne exposure is below the action level, the employer must repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time the employer may discontinue 8-hour TWA exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (d)(4) of this standard.
The employer must establish and maintain a beryllium work area wherever the criteria for a "beryllium work area" set forth in paragraph (b) of this standard are met.
The employer must make a copy of the written exposure control plan accessible to each employee who is, or can reasonably be expected to be, exposed to airborne beryllium in accordance with OSHA's Access to Employee Exposure and Medical Records (Records Access) standard (§1910.1020(e)).
The employer must use engineering and work practice controls to reduce and maintain employee airborne exposure to beryllium to or below the PEL and STEL, unless the employer can demonstrate that such controls are not feasible. Wherever the employer demonstrates that it is not feasible to reduce airborne exposure to or below the PELs with engineering and work practice controls, the employer must implement and maintain engineering and work practice controls to reduce airborne exposure to the lowest levels feasible and supplement these controls using respiratory protection in accordance with paragraph (g) of this standard.
For each operation in a beryllium work area that releases airborne beryllium, the employer must ensure that at least one of the following is in place to reduce airborne exposure:
Material and/or process substitution;
Isolation, such as ventilated partial or full enclosures;
Local exhaust ventilation, such as at the points of operation, material handling, and transfer; or
Process control, such as wet methods and automation.
An employer is exempt from using the controls listed in paragraph (f)(2)(ii) of this standard to the extent that:
The employer can establish that such controls are not feasible; or
The employer can demonstrate that airborne exposure is below the action level, using no fewer than two representative personal breathing zone samples taken at least 7 days apart, for each affected operation.
Respiratory protection program. Where this standard requires an employer to provide respiratory protection, the selection and use of such respiratory protection must be in accordance with the Respiratory Protection standard (§1910.134).
The employer must provide at no cost to the employee a powered air-purifying respirator (PAPR) instead of a negative pressure respirator when
Removal and storage.
When personal protective clothing or equipment required by this standard is removed from the workplace for laundering, cleaning, maintenance or disposal, the employer must ensure that 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 this standard and the HCS (§1910.1200).
The employer must ensure that beryllium is not removed from beryllium-contaminated personal protective clothing and equipment by blowing, shaking, or any other means that disperses beryllium into the air.
Provide readily accessible washing facilities in accordance with this standard and the Sanitation standard (§1910.141) to remove beryllium from the hands, face, and neck; and
Change rooms. In addition to the requirements of paragraph (i)(1)(i) of this standard, the employer must provide employees who work in a beryllium work area with a designated change room in accordance with this standard and the Sanitation standard (§1910.141) where employees are required to remove their personal clothing.
The employer must provide showers in accordance with the Sanitation standard (§1910.141) where:
Employee's hair or body parts other than hands, face, and neck can reasonably be expected to become contaminated with beryllium
The employee's hair or body parts other than hands, face, and neck could reasonably have become contaminated with beryllium.
Beryllium-contaminated surfaces in eating and drinking areas are as free as practicable of beryllium;
No employees enter any eating or drinking area with beryllium-contaminated 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; and
Eating and drinking facilities provided by the employer are in accordance with the Sanitation standard (§1910.141).
The employer must maintain all surfaces in beryllium work areas and regulated areas as free as practicable of beryllium and in accordance with the written exposure control plan required under paragraph (f)(1) and the cleaning methods required under paragraph (j)(2) of this standard; and
The employer must ensure that surfaces in beryllium work areas and regulated areas are cleaned by HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure.
The employer must not allow dry sweeping or brushing for cleaning surfaces in beryllium work areas or regulated areas unless HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure are not safe or effective.
Disposal and recycling. For materials that contain beryllium in concentrations of 0.1 percent by weight or more or are contaminated with beryllium, the employer must ensure that:
Materials designated for disposal are disposed of in sealed, impermeable enclosures, such as bags or containers, that are labeled in accordance with paragraph (m)(3) of this standard; and
Materials designated for recycling are cleaned to be as free as practicable of surface beryllium contamination and labeled in accordance with paragraph (m)(3) of this standard, or place in sealed, impermeable enclosures, such as bags or containers, that are labeled in accordance with paragraph (m)(3) of this standard.
A standardized BeLPT or equivalent test, upon the first examination and at least every two years thereafter, unless the employee is confirmed positive. If the results of the BeLPT are other than normal, a follow-up BeLPT must be offered within 30 days, unless the employee has been confirmed positive. Samples must be analyzed in a laboratory certified under the College of American Pathologists/Clinical Laboratory Improvement Amendments (CLIA) guidelines to perform the BeLPT.
Information provided to the PLHCP. The employer must ensure that the examining PLHCP (and the agreed-upon CBD diagnostic center, if an evaluation is required under paragraph (k)(7) of this standard) has a copy of this standard and must provide the following information, if known:
If an employee is eligible for medical removal, the employer must provide the employee with the employee's choice of:
Removal as described in paragraph (l)(3) of this standard; or
Chemical manufacturers, importers, distributors, and employers must comply with all requirements of the HCS (§1910.1200) for beryllium.
Employers must include beryllium in the hazard communication program established to comply with the HCS. Employers must ensure that each employee has access to labels on containers of beryllium and to safety data sheets, and is trained in accordance with the requirements of the HCS (§1910.1200) and paragraph (m)(4) of this standard.
The employer must ensure each warning sign required by paragraph (m)(2)(i) of this standard bears the following legend:
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT IN THIS AREA
Warning labels. Consistent with the HCS (§1910.1200), the employer must label each bag and container of clothing, equipment, and materials contaminated with beryllium, and must, at a minimum, include the following on the label:
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AVOID CREATING DUST
DO NOT GET ON SKIN
The employer must provide information and training in accordance with the HCS (§1910.1200(h));
The employee's right of access to records under the Records Access standard (§1910.1020).
The employer must ensure that exposure records are maintained and made available in accordance with the Records Access standard (§1910.1020).
The employer must ensure that objective data are maintained and made available in accordance with the Records Access standard (§1910.1020).
The employer must ensure that medical records are maintained and made available in accordance with the Records Access standard (§1910.1020).
Access to records. Upon request, the employer must make all records maintained as a requirement of this standard available for examination and copying to the Assistant Secretary, the Director, each employee, and each employee's designated representative(s) in accordance the Records Access standard (§1910.1020).
Transfer of records. The employer must comply with the requirements involving transfer of records set forth in the Records Access standard (§1910.1020).
Obligations contained in paragraphs (c), (d), (g), (k), and (l) of this standard: March 12, 2018;
Change rooms and showers required by paragraph (i) of this standard: March 11, 2019;
Engineering controls required by paragraph (f) of this standard: March 10, 2020; and
All other obligations of this standard: December 12, 2018.
Appendix. Appendix A—Control Strategies to Minimize Beryllium Exposure of this standard is non-mandatory.
[82 FR 2736, Jan. 9, 2017, as amended at 83 FR 19948, May 7, 2018; 83 FR 39360, Aug. 9, 2018]