OSHA Safety and Health Regulations for Construction (29 CFR Part 1926)
Subpart Z: Toxic and Hazardous Substances – OSHA Safety and Health Regulations for Construction (29 CFR Part 1926)

OSHA Safety and Health Regulations for Construction (29 CFR Part 1926) 1926.1124: 1926.1124 Beryllium

Covers beryllium in every form, compound and mixture met in construction work. Two carve-outs apply: articles, as the Hazard Communication standard defines them, that contain beryllium and are not processed by the employer; and materials with beryllium content below 0.1% by weight, if objective data show airborne exposure stays under the action level (8-hour TWA) in any foreseeable condition. The action level is 0.1 µg/m3 (8-hour TWA); other defined terms include BeLPT, sensitization, confirmed positive, chronic beryllium disease (CBD) and CBD diagnostic center. Limits: TWA PEL 0.2 µg/m3 over 8 hours; STEL 2.0 µg/m3 over a 15-minute sampling period. Every employee with actual or reasonably anticipated exposure is assessed, using either the performance option (any mix of air monitoring and objective data that accurately characterises 8-hour and 15-minute exposure) or scheduled monitoring. Under scheduled monitoring, initial personal breathing zone samples cover each shift, job classification and work area, with 15-minute samples where operations are likely to exceed the STEL; representative sampling is allowed if the highest-exposed worker is sampled. Monitoring may end when first results fall under the action level and do not exceed the STEL. Repeat within six months when results sit between the action level and the TWA PEL, within three months when above the TWA PEL or the STEL, and every six months after a non-initial result under the action level until two consecutive results taken 7 or more days apart fall below it (the same two-result rule ends STEL monitoring). Reassess after relevant changes or suspected new exposure. Laboratories must achieve plus or minus 25 percent accuracy at 95 percent confidence at or above the action level. Results reach represented employees within 15 working days, individually in writing or by posting, with corrective action described where a limit was exceeded. Monitoring may be observed, with protective gear free. Where airborne levels over the TWA PEL or STEL occur or can reasonably be expected, a competent person is designated to inspect job sites, materials and equipment frequently and regularly, implement the control plan and see that respirators and protective clothing are used. A written exposure control plan lists exposed operations and job titles, controls, respirators and PPE, access restriction procedures (including exposure created by other employers or sole proprietors), containment integrity procedures and PPE removal and cleaning procedures. It is reviewed at least annually, updated on listed triggers (process change, medical removal eligibility, CBD referral or symptoms, reason to suspect new exposure) and made accessible under 1910.1020(e). Engineering and work practice controls come first, respirators supplement them, and job rotation to meet the PELs is banned. Respirators are supplied free under 1910.134 during control installation, infeasible or insufficient control situations and for removal-eligible employees who stay in the job; a PAPR must be given on request where it protects adequately. Protective clothing is supplied free where exposure above a PEL is expected, taken off at shift end or task completion without dispersing dust, not taken off site unless cleaned, and never cleaned by blowing or shaking. Housekeeping must use low-dispersion methods; dry sweeping or brushing only where those methods are not safe or effective, no compressed air where it causes overexposure, and respirators plus PPE when those methods are used. Medical surveillance is free for employees whose exposure reaches the action level on more than 30 days a year, those with CBD signs or symptoms, or those whose latest opinion recommends it: within 30 days of qualifying (unless examined in the last two years for the exposure trigger), at least every two years, and at termination unless examined in the prior six months. Exams include history, respiratory and skin examination, spirometry, a BeLPT at first exam and every two years (follow-up within 30 days of a non-normal result), and LDCT when the PLHCP recommends it. The employee gets a written report and the employer a limited written opinion within 45 days; a CBD diagnostic center evaluation is scheduled within 30 days of a referral. Eligible employees choose removal (to a comparable job below the action level if one exists and the employee is qualified or trainable for it within one month, with earnings, seniority and benefits kept six months, or kept for six months or until such a job opens if none exists) or staying with respirators. Hazard communication applies; training comes by initial assignment, annually, and again after changes that raise exposure over a limit. Monitoring, objective data and medical records follow 1910.1020; training records are kept three years. Effective 10 March 2017; paragraph (c) became enforceable 12 March 2018 and all other duties 30 September 2020, so every provision is now in force.

Maintained by Gerard Blokdyk

Other controls in Subpart Z: Toxic and Hazardous Substances – OSHA Safety and Health Regulations for Construction (29 CFR Part 1926)

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