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Effective Date Of New Beryllium Rule Pushed Back

Early last month a long-awaited rule to limit workers’ exposure to beryllium — a substance known to cause cancer — had been finalized by the Occupational Safety and Health Administration, however a Presidential directive has pushed the effective date back.

Mnet 174187 Beryllium

In January, a long-awaited rule to limit workers’ exposure to beryllium — a substance known to cause cancer — had been finalized by the Occupational Safety and Health Administration (OSHA).

However, a Presidential directive expressed in the Jan. 20 memorandum “Regulatory Freeze Pending Review”, has pushed back the effective date from March 10 to March 21.

According to a release by the U.S. Department of Labor, (DOL) the temporary delay “will give agency officials the opportunity for review and consideration of new regulations, as required by the memorandum of the assistant to the president and chief of staff.”

The rule, once effective, would dramatically lower workplace exposure to the toxic metal beryllium.

Beryllium is a is a strong, lightweight metal used in the aerospace, electronics, energy, telecommunication, medical and defense industries. When ground, sanded or cut, the metal’s dust can cause an incurable, and often fatal, lung disease — Chronic Beryllium Disease.

The DOL stated in a release that recent scientific evidence shows low-level exposures to beryllium can cause serious lung disease. The new standard is 10 times stronger than the old one which was established in the 1940s and will apply to 62,000 workers.

“Outdated exposure limits do not adequately protect workers from beryllium exposure,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA’s new standard is based on a strong foundation of science and consensus on the need for action, including peer-reviewed scientific evidence, a model standard developed by industry and labor, current consensus standards and extensive public outreach. The new limits will reduce exposures and protect the lives and lungs of thousands if beryllium-exposed workers.”

The final rule reduces the permissible exposure limit from 2.0 micrograms per cubic meter of air to 0.2 micrograms of beryllium per cubic meter of air over an eight-hour period. Anything over that level, employers must take steps to reduce the airborne concentration of beryllium.

The rule also establishes a short-term exposure limit of 2.0 micrograms per cubic meter of air over a 15-minute sampling period.

Once the new requirements are in full effect, OSHA estimates the change will save the lives of 94 workers annually from beryllium-related diseases as well as prevent 46 new cases of beryllium-related disease.

The extension will not affect the rule’s compliance dates. Employers will have one year to comply with most of the rule’s provisions. Once the rule is effective, employers will have one year to implement most of the standard’s provisions.