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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.

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©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.

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