Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and
application.
(1) This standard applies to
occupational exposure to beryllium in all forms, compounds, and mixtures in
shipyards, except those articles and materials exempted by subsections (a)(2)
and (a)(3).
(2) This standard does
not apply to articles, as defined in Section
5194(c) (Hazard
Communication standard (HCS)), that contain beryllium and that the employer
does not process.
(3) This standard
does not apply to materials containing less than 0.1% beryllium by weight where
the employer has objective data demonstrating that employee exposure to
beryllium will remain below the action level as an 8-hour TWA under any
foreseeable conditions.
(b) 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.
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.
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.
Chief means the Chief of the Division of Occupational
Safety and Health, or designee.
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.
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 uncontrolled release of airborne
beryllium.
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 subsection (k).
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, Section
8359.1.
(c) Permissible Exposure Limits (PELs).
(1) Time-weighted average (TWA) PEL. The
employer must ensure that no employee is exposed to an airborne concentration
of beryllium in excess of 0.2 µg/m3 calculated
as an 8-hour TWA.
(2) Short-term
exposure limit (STEL). The employer must ensure that no employee is exposed to
an airborne concentration of beryllium in excess of 2.0
µg/m3 as determined over a sampling period of
15 minutes.
(d) Exposure
assessment.
(1) General. The employer must
assess the airborne exposure of each employee who is or may reasonably be
expected to be exposed to airborne beryllium in accordance with either the
performance option in subsection (d)(2) or the scheduled monitoring option in
subsection (d)(3).
(2) Performance
option. The employer must assess the 8-hour TWA exposure and the 15-minute
short-term exposure for each employee on the basis of any combination of air
monitoring data and objective data sufficient to accurately characterize
airborne exposure to beryllium.
(3)
Scheduled monitoring option.
(A) The employer
must perform initial monitoring to assess the 8-hour TWA exposure for each
employee on the basis of one or more personal breathing zone air samples that
reflect the airborne exposure of employees on each shift, for each job
classification, and in each work area.
(B) The employer must perform initial
monitoring to assess the short-term exposure from 15-minute personal breathing
zone air samples measured in operations that are likely to produce airborne
exposure above the STEL for each work shift, for each job classification, and
in each work area.
(C) Where
several employees perform the same tasks on the same shift and in the same work
area, the employer may sample a representative fraction of these employees in
order to meet the requirements of subsection (d)(3). In representative
sampling, the employer must sample the employee(s) expected to have the highest
airborne exposure to beryllium.
(D)
If initial monitoring indicates that airborne exposure is below the action
level and at or below the STEL, the employer may discontinue monitoring for
those employees whose airborne exposure is represented by such
monitoring.
(E) 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.
(F) Where the most recent exposure monitoring
indicates that airborne exposure is above the TWA PEL, the employer must repeat
such monitoring within three months of the most recent 8-hour TWA exposure
monitoring.
(G) 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
subsection (d)(4).
(H) Where the
most recent exposure monitoring indicates that airborne exposure is above the
STEL, the employer must repeat such monitoring within three months of the most
recent short-term exposure monitoring until two consecutive measurements, taken
7 or more days apart, are below the STEL, at which time the employer may
discontinue short-term exposure monitoring for those employees whose exposure
is represented by such monitoring, except as otherwise provided in subsection
(d)(4).
(4) Reassessment
of exposure. The employer must reassess airborne exposure whenever a change in
the production, process, control equipment, personnel, or work practices may
reasonably be expected to result in new or additional airborne exposure at or
above the action level or STEL, or when the employer has any reason to believe
that new or additional airborne exposure at or above the action level or STEL
has occurred.
(5) Methods of sample
analysis. The employer must ensure that all air monitoring samples used to
satisfy the monitoring requirements of subsection (d) are evaluated by a
laboratory that can measure beryllium to an accuracy of plus or minus 25
percent within a statistical confidence level of 95 percent for airborne
concentrations at or above the action level.
(6) Employee notification of assessment
results.
(A) Within 15 working days after
completing an exposure assessment in accordance with subsection (d), the
employer must notify each employee whose airborne exposure is represented by
the assessment of the results of that assessment individually in writing or
post the results in an appropriate location that is accessible to each of these
employees.
(B) Whenever an exposure
assessment indicates that airborne exposure is above the TWA PEL or STEL, the
employer must describe in the written notification the corrective action being
taken to reduce airborne exposure to or below the exposure limit(s) exceeded
where feasible corrective action exists but had not been implemented when the
monitoring was conducted.
(7) Observation of monitoring.
(A) The employer must provide an opportunity
to observe any exposure monitoring required by this standard to each employee
whose airborne exposure is measured or represented by the monitoring and each
employee's representative(s).
(B)
When observation of monitoring requires entry into an area where the use of
personal protective clothing or equipment (which may include respirators) is
required, the employer must provide each observer with appropriate personal
protective clothing and equipment at no cost to the observer and must ensure
that each observer uses such clothing and equipment.
(C) The employer must ensure that each
observer follows all other applicable safety and health
procedures.
(e)
Regulated areas.
(1) Establishment. The
employer must establish and maintain a regulated area wherever employees are,
or can reasonably be expected to be, exposed to airborne beryllium at levels
above the TWA PEL or STEL.
(2)
Demarcation. The employer must identify each regulated area in accordance with
subsection (m)(2).
(3) Access. The
employer must limit access to regulated areas to:
(A) Persons the employer authorizes or
requires to be in a regulated area to perform work duties;
(B) Persons entering a regulated area as
designated representatives of employees for the purpose of exercising the right
to observe exposure monitoring procedures under subsection (d)(7);
and
(C) Persons authorized by law
to be in a regulated area.
(4) Provision of personal protective clothing
and equipment, including respirators. The employer must provide and ensure that
each employee entering a regulated area uses:
(A) Respiratory protection in accordance with
subsection (g); and
(B) Personal
protective clothing and equipment in accordance with subsection
(h).
(f)
Methods of compliance.
(1) Written exposure
control plan.
(A) The employer must
establish, implement, and maintain a written exposure control plan, which must
contain:
1. A list of operations and job
titles reasonably expected to involve airborne exposure to or dermal contact
with beryllium;
2. A list of
operations and job titles reasonably expected to involve airborne exposure at
or above the action level;
3. A
list of operations and job titles reasonably expected to involve airborne
exposure above the TWA PEL or STEL;
4. Procedures for minimizing
cross-contamination;
5. Procedures
for minimizing the migration of beryllium within or to locations outside the
workplace;
6. A list of engineering
controls, work practices, and respiratory protection required by subsection
(f)(2);
7. A list of personal
protective clothing and equipment required by subsection (h); and
8. Procedures for removing, laundering,
storing, cleaning, repairing, and disposing of beryllium-contaminated personal
protective clothing and equipment, including respirators.
(B) The employer must review and evaluate the
effectiveness of each written exposure control plan at least annually and
update it, as necessary, when:
1. Any change
in production processes, materials, equipment, personnel, work practices, or
control methods results, or can reasonably be expected to result, in new or
additional airborne exposure to beryllium;
2. The employer is notified that an employee
is eligible for medical removal in accordance with subsection
(l)(1), referred for evaluation at a CBD diagnostic center, or
shows signs or symptoms associated with airborne exposure to or dermal contact
with beryllium; or
3. The employer
has any reason to believe that new or additional airborne exposure is occurring
or will occur.
(C) 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 Section
3204(e) (Access to
Employee Exposure and Medical Records).
(2) Engineering and work practice controls.
(A) Where exposures are, or can reasonably be
expected to be, at or above the action level, the employer must ensure that at
least one of the following is in place to reduce airborne exposure:
1. Material and/or process
substitution;
2. Isolation, such as
ventilated partial or full enclosures;
3. Local exhaust ventilation, such as at the
points of operation, material handling, and transfer; or
4. Process control, such as wet methods and
automation.
(B) An
employer is exempt from using the controls listed in subsection (f)(2)(A) to
the extent that:
1. The employer can establish
that such controls are not feasible; or
2. 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.
(C) If
airborne exposure exceeds the TWA PEL or STEL after implementing the control(s)
required by (f)(2)(A), the employer must implement additional or enhanced
engineering and work practice controls to reduce airborne exposure to or below
the exposure limit(s) exceeded.
(D)
Wherever the employer demonstrates that it is not feasible to reduce airborne
exposure to or below the PELs by the engineering and work practice controls
required by subsections (f)(2)(A) and (f)(2)(C), the employer must implement
and maintain engineering and work practice controls to reduce airborne exposure
to the lowest levels feasible and supplement these controls by using
respiratory protection in accordance with subsection (g).
(3) Prohibition of rotation. The employer
must not rotate employees to different jobs to achieve compliance with the
PELs.
(g) Respiratory
protection.
(1) General. The employer must
provide respiratory protection at no cost to the employee and ensure that each
employee uses respiratory protection:
(A)
During periods necessary to install or implement feasible engineering and work
practice controls where airborne exposure exceeds, or can reasonably be
expected to exceed, the TWA PEL or STEL;
(B) During operations, including maintenance
and repair activities and non-routine tasks, when engineering and work practice
controls are not feasible and airborne exposure exceeds, or can reasonably be
expected to exceed, the TWA PEL or STEL;
(C) During operations for which an employer
has implemented all feasible engineering and work practice controls when such
controls are not sufficient to reduce airborne exposure to or below the TWA PEL
or STEL;
(D) During emergencies;
and
(E) When an employee who is
eligible for medical removal under subsection (l)(1) chooses
to remain in a job with airborne exposure at or above the action level, as
permitted by subsection (l)(2)(B).
(2) 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 (Section
5144).
(3) The employer must provide at no cost to
the employee a powered air-purifying respirator (PAPR) instead of a negative
pressure respirator when
(A) Respiratory
protection is required by this standard;
(B) An employee entitled to such respiratory
protection requests a PAPR; and
(C)
The PAPR provides adequate protection to the employee in accordance with
subsection (g)(2).
(h) Personal protective clothing and
equipment.
(1) Provision and use. The employer
must provide at no cost, and ensure that each employee uses, appropriate
personal protective clothing and equipment in accordance with the written
exposure control plan required under subsection (f)(1) and Section
1514 (Personal Protective Devices):
(A) Where airborne exposure exceeds, or can
reasonably be expected to exceed, the TWA PEL or STEL; or
(B) Where there is a reasonable expectation
of dermal contact with beryllium.
(2) Removal and storage.
(A) The employer must ensure that each
employee removes all beryllium-contaminated personal protective clothing and
equipment at the end of the work shift, at the completion of tasks involving
beryllium, or when personal protective clothing or equipment becomes visibly
contaminated with beryllium, whichever comes first.
(B) The employer must ensure that each
employee removes beryllium-contaminated personal protective clothing and
equipment as specified in the written exposure control plan required by
subsection (f)(1).
(C) The employer
must ensure that each employee stores and keeps beryllium-contaminated personal
protective clothing and equipment separate from street clothing and that
storage facilities prevent cross-contamination as specified in the written
exposure control plan required by subsection (f)(1).
(D) The employer must ensure that no employee
removes beryllium-contaminated personal protective clothing or equipment from
the workplace, except for employees authorized to do so for the purposes of
laundering, cleaning, maintaining or disposing of beryllium-contaminated
personal protective clothing and equipment at an appropriate location or
facility away from the workplace.
(E) 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 subsection (m)(3) and the Section
5194
(HCS).
(3) Cleaning and replacement.
(A) The employer must ensure that all
reusable personal protective clothing and equipment required by this standard
is cleaned, laundered, repaired, and replaced as needed to maintain its
effectiveness.
(B) The employer
must ensure that beryllium is not removed from personal protective clothing and
equipment by blowing, shaking or any other means that disperses beryllium into
the air.
(C) The employer must
inform in writing the persons or the business entities who launder, clean or
repair the personal protective clothing or equipment required by this standard
of the potentially harmful effects of airborne exposure to and dermal contact
with beryllium and that the personal protective clothing and equipment must be
handled in accordance with this standard.
(i) Hygiene areas and practices.
(1) General. For each employee required to
use personal protective clothing or equipment by this standard, the employer
must:
(A) Provide readily accessible washing
facilities in accordance with this standard and Section
3366 (Washing Facilities) to remove
beryllium from the hands, face, and neck; and
(B) Ensure that employees who have dermal
contact with beryllium wash any exposed skin at the end of the activity,
process, or work shift and prior to eating, drinking, smoking, chewing tobacco
or gum, applying cosmetics, or using the toilet.
(2) Change rooms. In addition to the
requirements of subsection (i)(1)(A), the employer must provide employees
required to use personal protective clothing by this standard with a designated
change room in accordance with Section
3367 (Change Rooms) where employees
are required to remove their personal clothing.
(3) Eating and drinking areas. Wherever the
employer allows employees to consume food or beverages at a worksite where
beryllium is present, the employer must ensure that:
(A) Surfaces in eating and drinking areas are
as free as practicable of beryllium;
(B) No employees enter any eating or drinking
area with 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
(C) Eating and drinking
facilities provided by the employer are in accordance with Section
3367 (Change
Rooms).
(4) Prohibited
activities. The employer must ensure that no employees eat, drink, smoke, chew
tobacco or gum, or apply cosmetics in regulated areas.
(j) Housekeeping.
(1) General.
(A) When cleaning beryllium-contaminated
areas, the employer must follow the written exposure control plan required
under subsection (f)(1); and
(B)
The employer must ensure that all spills and emergency releases of beryllium
are cleaned up promptly and in accordance with the written exposure control
plan required under subsection (f)(1).
(2) Cleaning methods.
(A) When cleaning beryllium-contaminated
areas, the employer must ensure the use of HEPA-filtered vacuuming or other
methods that minimize the likelihood and level of airborne exposure.
(B) The employer must not allow dry sweeping
or brushing for cleaning in beryllium-contaminated areas unless HEPA-filtered
vacuuming or other methods that minimize the likelihood and level of airborne
exposure are not safe or effective.
(C) The employer must not allow the use of
compressed air for cleaning in beryllium-contaminated areas unless the
compressed air is used in conjunction with a ventilation system designed to
capture the particulates made airborne by the use of compressed air.
(D) Where employees use dry sweeping,
brushing, or compressed air to clean in beryllium-contaminated areas, the
employer must provide, and ensure that each employee uses, respiratory
protection and personal protective clothing and equipment in accordance with
subsections (g) and (h).
(E) The
employer must ensure that cleaning equipment is handled and maintained in a
manner that minimizes the likelihood and level of airborne exposure and the
re-entrainment of airborne beryllium in the workplace.
(3) Disposal. When the employer transfers
materials containing beryllium to another party for use or disposal, the
employer must provide the recipient with a copy of the warning described in
subsection (m)(3).
(k)
Medical surveillance.
(1) General.
(A) The employer must make medical
surveillance required by this subsection available at no cost to the employee,
and at a reasonable time and place, to each employee:
1. Who is or is reasonably expected to be
exposed at or above the action level for more than 30 days per year;
2. Who shows signs or symptoms of CBD or
other beryllium-related health effects;
3. Who is exposed to beryllium during an
emergency; or
4. Whose most recent
written medical opinion required by subsection (k)(6) or (k)(7) recommends
periodic medical surveillance.
(B) The employer must ensure that all medical
examinations and procedures required by this standard are performed by, or
under the direction of, a licensed physician.
(2) Frequency. The employer must provide a
medical examination:
(A) Within 30 days after
determining that:
1. An employee meets the
criteria of subsection (k)(1)(A)1., unless the employee has received a medical
examination, provided in accordance with this standard, within the last two
years; or
2. An employee meets the
criteria of subsection (k)(1)(A)2. or 3.
(B) At least every two years thereafter for
each employee who continues to meet the criteria of subsection (k)(1)(A)1., 2.,
or 4.
(C) At the termination of
employment for each employee who meets any of the criteria of subsection
(k)(1)(A) at the time the employee's employment terminates, unless an
examination has been provided in accordance with this standard during the six
months prior to the date of termination.
(3) Contents of examination.
(A) The employer must ensure that the PLHCP
conducting the examination advises the employee of the risks and benefits of
participating in the medical surveillance program and the employee's right to
opt out of any or all parts of the medical examination.
(B) The employer must ensure that the
employee is offered a medical examination that includes:
1. A medical and work history, with emphasis
on past and present airborne exposure to or dermal contact with beryllium,
smoking history, and any history of respiratory system dysfunction;
2. A physical examination with emphasis on
the respiratory system;
3. A
physical examination for skin rashes;
4. Pulmonary function tests, performed in
accordance with the guidelines established by the American Thoracic Society
including forced vital capacity (FVC) and forced expiratory volume in one
second (FEV1);
5. 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.
6. A low dose computed tomography (LDCT)
scan, when recommended by the PLHCP after considering the employee's history of
exposure to beryllium along with other risk factors, such as smoking history,
family medical history, sex, age, and presence of existing lung disease;
and
7. Any other test deemed
appropriate by the PLHCP.
(4) 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 subsection (k)(7)) has a
copy of this standard and must provide the following information, if known:
(A) A description of the employee's former
and current duties that relate to the employee's airborne exposure to and
dermal contact with beryllium;
(B)
The employee's former and current levels of airborne exposure;
(C) A description of any personal protective
clothing and equipment, including respirators, used by the employee, including
when and for how long the employee has used that personal protective clothing
and equipment; and
(D) Information
from records of employment-related medical examinations previously provided to
the employee, currently within the control of the employer, after obtaining
written consent from the employee.
(5) Licensed physician's written medical
report for the employee. The employer must ensure that the employee receives a
written medical report from the licensed physician within 45 days of the
examination (including any follow-up BeLPT required under subsection
(k)(3)(B)5.) and that the PLHCP explains the results of the examination to the
employee. The written medical report must contain:
(A) A statement indicating the results of the
medical examination, including the licensed physician's opinion as to whether
the employee has
1. Any detected medical
condition, such as CBD or beryllium sensitization (i.e., the employee is
confirmed positive, as defined in subsection (b)), that may place the employee
at increased risk from further airborne exposure, and
2. Any medical conditions related to airborne
exposure that require further evaluation or treatment.
(B) Any recommendations on:
1. The employee's use of respirators,
protective clothing, or equipment; or
2. Limitations on the employee's airborne
exposure to beryllium.
(C) If the employee is confirmed positive or
diagnosed with CBD or if the licensed physician otherwise deems it appropriate,
the written report must also contain a referral for an evaluation at a CBD
diagnostic center.
(D) If the
employee is confirmed positive or diagnosed with CBD the written report must
also contain a recommendation for continued periodic medical
surveillance.
(E) If the employee
is confirmed positive or diagnosed with CBD the written report must also
contain a recommendation for medical removal from airborne exposure to
beryllium, as described in subsection (l).
(6) Licensed physician's written medical
opinion for the employer.
(A) The employer
must obtain a written medical opinion from the licensed physician within 45
days of the medical examination (including any follow-up BeLPT required under
subsection (k)(3)(B)5.). The written medical opinion must contain only the
following:
1. The date of the
examination;
2. A statement that
the examination has met the requirements of this standard;
3. Any recommended limitations on the
employee's use of respirators, protective clothing, or equipment; and
4. A statement that the PLHCP has explained
the results of the medical examination to the employee, including any tests
conducted, any medical conditions related to airborne exposure that require
further evaluation or treatment, and any special provisions for use of personal
protective clothing or equipment;
(B) If the employee provides written
authorization, the written opinion must also contain any recommended
limitations on the employee's airborne exposure to beryllium.
(C) If the employee is confirmed positive or
diagnosed with CBD or if the licensed physician otherwise deems it appropriate,
and the employee provides written authorization, the written opinion must also
contain a referral for an evaluation at a CBD diagnostic center.
(D) If the employee is confirmed positive or
diagnosed with CBD and the employee provides written authorization, the written
opinion must also contain a recommendation for continued periodic medical
surveillance.
(E) If the employee
is confirmed positive or diagnosed with CBD and the employee provides written
authorization, the written opinion must also contain a recommendation for
medical removal from airborne exposure to beryllium, as described in subsection
(l).
(F) The
employer must ensure that each employee receives a copy of the written medical
opinion described in subsection (k)(6) within 45 days of any medical
examination (including any follow-up BeLPT required under subsection
(k)(3)(B)5.) performed for that employee.
(7) CBD diagnostic center.
(A) The employer must provide an evaluation
at no cost to the employee at a CBD diagnostic center that is mutually agreed
upon by the employer and the employee. The examination must be provided within
30 days of:
1. The employer's receipt of a
physician's written medical opinion to the employer that recommends referral to
a CBD diagnostic center; or
2. The
employee presenting to the employer a physician's written medical report
indicating that the employee has been confirmed positive or diagnosed with CBD,
or recommending referral to a CBD diagnostic center.
(B) The employer must ensure that the
employee receives a written medical report from the CBD diagnostic center that
contains all the information required in subsection (k)(5)(A), (B), (D), and
(E) and that the PLHCP explains the results of the examination to the employee
within 30 days of the examination.
(C) The employer must obtain a written
medical opinion from the CBD diagnostic center within 30 days of the medical
examination. The written medical opinion must contain only the information in
subsections (k)(6)(A), as applicable, unless the employee provides written
authorization to release additional information. If the employee provides
written authorization, the written opinion must also contain the information
from subsections (k)(6)(B), (D), and (E), if applicable.
(D) The employer must ensure that each
employee receives a copy of the written medical opinion from the CBD diagnostic
center described in subsection (k)(7) within 30 days of any medical examination
performed for that employee.
(E)
After an employee has received the initial clinical evaluation at a CBD
diagnostic center described in subsection (k)(7)(A), the employee may choose to
have any subsequent medical examinations for which the employee is eligible
under subsection (k) performed at a CBD diagnostic center mutually agreed upon
by the employer and the employee, and the employer must provide such
examinations at no cost to the employee.
(l) Medical removal.
(1) An employee is eligible for medical
removal, if the employee works in a job with airborne exposure at or above the
action level and either:
(A) The employee
provides the employer with:
1. A written
medical report indicating a confirmed positive finding or CBD diagnosis;
or
2. A written medical report
recommending removal from airborne exposure to beryllium in accordance with
subsection (k)(5)(E) or (k)(7)(B); or
(B) The employer receives a written medical
opinion recommending removal from airborne exposure to beryllium in accordance
with subsection (k)(6)(E) or (k)(7)(C).
(2) If an employee is eligible for medical
removal, the employer must provide the employee with the employee's choice of:
(A) Removal as described in subsection
(l)(3); or
(B)
Remaining in a job with airborne exposure at or above the action level,
provided that the employer provides, and ensures that the employee uses,
respiratory protection that complies with subsection (g) whenever airborne
exposures are at or above the action level.
(3) If the employee chooses removal:
(A) If a comparable job is available where
airborne exposures to beryllium are below the action level, and the employee is
qualified for that job or can be trained within one month, the employer must
remove the employee to that job. The employer must maintain for six months from
the time of removal the employee's base earnings, seniority, and other rights
and benefits that existed at the time of removal.
(B) If comparable work is not available, the
employer must maintain the employee's base earnings, seniority, and other
rights and benefits that existed at the time of removal for six months or until
such time that comparable work described in subsection
(l)(3)(A) becomes available, whichever comes
first.
(4) The employer's
obligation to provide medical removal protection benefits to a removed employee
shall be reduced to the extent that the employee receives compensation for
earnings lost during the period of removal from a publicly or employer-funded
compensation program, or receives income from another employer made possible by
virtue of the employee's removal.
(m) Communication of hazards.
(1) General.
(A) Chemical manufacturers, importers,
distributors, and employers must comply with all requirements of Section
5194 (HCS) for
beryllium.
(B) 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 Section
5194 (HCS) and
subsection (m)(4).
(2)
Warning signs.
(A) Posting. The employer must
provide and display warning signs at each approach to a regulated area so that
each employee is able to read and understand the signs and take necessary
protective steps before entering the area.
(B) Sign specification.
1. The employer must ensure that the warning
signs required by subsection (m)(2)(A) are legible and readily
visible.
2. The employer must
ensure each warning sign required by subsection (m)(2)(A) bears the following
legend:
DANGER
REGULATED AREA
BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND
PERSONAL
PROTECTIVE CLOTHING
AND EQUIPMENT IN THIS
AREA
(3) Warning labels. Consistent with Section
5194 (HCS), 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:
DANGER
CONTAINS BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AVOID CREATING DUST
DO NOT GET ON SKIN
(4) Employee information and training.
(A) For each employee who has, or can
reasonably be expected to have, airborne exposure to or dermal contact with
beryllium:
1. The employer must provide
information and training in accordance with Section
5194(h)
(HCS);
2. The employer must provide initial training
to each employee by the time of initial assignment; and
3. The employer must repeat the training
required under this standard annually for each employee.
(B) The employer must ensure that each
employee who is, or can reasonably be expected to be, exposed to airborne
beryllium can demonstrate knowledge and understanding of the following:
1. The health hazards associated with
airborne exposure to and contact with beryllium, including the signs and
symptoms of CBD;
2. The written
exposure control plan, with emphasis on the location(s) of any regulated areas,
and the specific nature of operations that could result in airborne exposure,
especially airborne exposure above the TWA PEL or STEL;
3. The purpose, proper selection, fitting,
proper use, and limitations of personal protective clothing and equipment,
including respirators;
4.
Applicable emergency procedures;
5.
Measures employees can take to protect themselves from airborne exposure to and
contact with beryllium, including personal hygiene practices;
6. The purpose and a description of the
medical surveillance program required by subsection (k) including risks and
benefits of each test to be offered;
7. The purpose and a description of the
medical removal protection provided under subsection
(l);
8. The
contents of the standard; and
9.
The employee's right of access to records under Section
3204 (Access to Employee Exposure
and Medical Records).
(C)
When a workplace change (such as modification of equipment, tasks, or
procedures) results in new or increased airborne exposure that exceeds, or can
reasonably be expected to exceed, either the TWA PEL or the STEL, the employer
must provide additional training to those employees affected by the change in
airborne exposure.
(D) Employee
information. The employer must make a copy of this standard and its appendices
readily available at no cost to each employee and designated employee
representative(s).
(n) Recordkeeping.
(1) Air monitoring data.
(A) The employer must make and maintain a
record of all exposure measurements taken to assess airborne exposure as
prescribed in subsection (d).
(B)
This record must include at least the following information:
1. The date of measurement for each sample
taken;
2. The task that is being
monitored;
3. The sampling and
analytical methods used and evidence of their accuracy;
4. The number, duration, and results of
samples taken;
5. The type of
personal protective clothing and equipment, including respirators, worn by
monitored employees at the time of monitoring; and
6. The name, social security number, and job
classification of each employee represented by the monitoring, indicating which
employees were actually monitored.
(C) The employer must ensure that exposure
records are maintained and made available in accordance with Section
3204 (Access to Employee Exposure
and Medical Records).
(2)
Objective data.
(A) Where an employer uses
objective data to satisfy the exposure assessment requirements under subsection
(d)(2), the employer must make and maintain a record of the objective data
relied upon.
(B) This record must
include at least the following information:
1.
The data relied upon;
2. The
beryllium-containing material in question;
3. The source of the objective
data;
4. A description of the
process, task, or activity on which the objective data were based;
and
5. Other data relevant to the
process, task, activity, material, or airborne exposure on which the objective
data were based.
(C) The
employer must ensure that objective data are maintained and made available in
accordance with Section
3204 (Access to Employee Exposure
and Medical Records).
(3)
Medical surveillance.
(A) The employer must
make and maintain a record for each employee covered by medical surveillance
under subsection (k).
(B) The
record must include the following information about each employee:
1. Name, social security number, and job
classification;
2. A copy of all
licensed physicians' written medical opinions for each employee; and
3. A copy of the information provided to the
PLHCP as required by subsection (k)(4).
(C) The employer must ensure that medical
records are maintained and made available in accordance with Section
3204 (Access to Employee Exposure
and Medical Records).
(4)
Training.
(A) At the completion of any
training required by this standard, the employer must prepare a record that
indicates the name, social security number, and job classification of each
employee trained, the date the training was completed, and the topic of the
training.
(B) This record must be
maintained for three years after the completion of
training.
(5) 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
Chief, the Director, each employee, and each employee's designated
representative(s) in accordance with Section
3204 (Access to Employee Exposure
and Medical Records).
(6) Transfer
of records. The employer must comply with the requirements involving transfer
of records set forth in Section
3204 (Access to Employee Exposure
and Medical Records).
(o)
Dates.
(1) Effective date. This standard
shall become effective December 1, 2017.
(2) Compliance dates. All obligations of this
standard commence and become enforceable on March 12, 2018, except:
(A) Change rooms required by subsection (i)
must be provided by March 11, 2019; and
(B) Engineering controls required by
subsection (f) must be implemented by March 10,
2020.
1. New
section filed 10-2-2017; operative 10-2-2017 pursuant to Labor Code section
142.3.
Submitted to OAL for filing and printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2017, No. 40).
Note: Authority cited: Sections
142.3,
9020,
9030 and
9040, Labor
Code. Reference: Sections
142.3,
9004(d),
9009,
9020,
9031 and
9040, Labor
Code.