Search form

OSHA Beryllium Standard in Construction

By Tressi L. Cordaro and Kelli M. Winkle
  • June 18, 2018

On January 9, 2017, OSHA issued a final rule adopting a comprehensive standard for exposure to beryllium and beryllium compounds. A separate standard was promulgated for general industry, construction, and shipyard industries.

When OSHA first announced its intent to promulgate a beryllium standard for construction in 2015, the scope of the standard appeared to be limited to abrasive blasting. When the final rule was issued in 2017, that scope for the construction industry was much broader. Affected stakeholders responded that they had not been provided sufficient notice and, therefore, had not had an opportunity to comment on the application of the rule to the construction industry.

As a result, OSHA announced it would enforce only the permissible exposure limits and short-term exposure limit for the construction and shipyard industries until it undertakes additional rulemaking for those industries. OSHA will not enforce any other part of the beryllium standards, such as ancillary provisions (engineering controls and medical surveillance) in construction and shipyard operations until further notice.

Please contact Jackson Lewis with any questions.

©2018 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

September 21, 2018

Help Wanted: What is Driving Labor Shortages in Construction?

September 21, 2018

A “Help Wanted” sign hangs over the construction industry. With job openings outnumbering job seekers, construction firms are experiencing a real pinch in available labor. The Associated General Contractors of America (AGC) reports that 300,000 new jobs were created in the past year, at a time when the unemployment rate is low. Demand... Read More

September 21, 2018

Construction Safety: Opioid Crisis

September 21, 2018

When the White House declared the country in an opioid-addiction crisis back in October 2017, it was not news to the construction industry. Job site hazards and strenuous activity mean that pain disproportionately afflicts construction workers, making them more susceptible to substance abuse, says the Itasca, Illinois-based National... Read More

August 27, 2018

OSHA’s Respirable Crystalline Silica Standard for Construction FAQs

August 27, 2018

The Occupational Safety and Health Administration (OSHA) has released a set of 53 Frequently Asked Questions (FAQs) to provide guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction. The standard requires employers to limit worker exposures to respirable crystalline silica and to take... Read More

Related Practices