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Proposed Rule Clarifies Some Beryllium Standard Compliance Dates

OSHA published its final rule in the Federal Register, Occupational Exposure to Beryllium,on January 9th, 2018. As previously mentioned in a memo on May 9th, 2018, OSHA is also currently enforcing the Permissible Exposure Limits (PEL) in the general industry, construction, and shipyard standards at §1910.1024(c), §1926.1124(c) and §1915.1024(c). Additionally, OSHA is enforcing the general standards ancillary provisions for exposure assessment, respiratory protection, medical surveillance, and medical removal.

Along with the memorandum on May 9thwas the announcement of a 45-day delay in the enforcement of other requirements of the general industry standard until June 25th, 2018. This will give OSHA the time to complete a rulemaking where they would propose to extend compliance dates of the new requirements to December 12, 2018. This would ensure OSHA more time to complete a planned substantive NPRM to propose minor changes to provisions before employers are required to comply with them.

A 30-day comment period was established from June 1stto July 2ndfor the public to partake in the proposal of the rulemaking. To ensure the full time of the rulemaking proceeding, OSHA will continue to enforce PEL’s in all three standards and paragraphs of the general industry standard, but will not continue any other provisions until August 9th, 2018. In the interim, OSHA plans to finish any outstanding rulemaking activity.

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