OSHA just finalized the proposed rule on occupational exposure to beryllium and beryllium compounds in construction and shipyards by declining to adopt the previously proposed revocation of the ancillary provisions in the construction and shipyards standards. See 29 C.F.R. §§ 1915.1024, 1926.1124. Thus, the agency is delaying the compliance deadlines for nearly all provisions of the standards to September 30, 2020. Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84 Fed. Reg. 51377 (Sept. 30, 2019) (to be codified at 29 C.F.R. pts. 1915, 1926).
OSHA’s final rule confirms that the exposure levels—permissible exposure limit and the short-term exposure limit—remain in effect. The agency has been enforcing these limits since May 11, 2018. OSHA also noted that it will publish a new proposal for the construction and shipyards beryllium standards. It will first seek comments from the public on the various changes it is considering. Fisher Phillips will continue to follow new proposals for these two standards and provide updates.