OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
June 21, 2018
- MEMORANDUM FOR:
- REGIONAL ADMINISTRATORS
STATE PLAN DESIGNEES - THROUGH:
- GALEN BLANTON
Acting Deputy Assistant Secretary - FROM:
- THOMAS GALASSI, Director
Directorate of Enforcement Programs - SUBJECT:
- Notice of Delay in Enforcement for Certain Provisions of the Beryllium Standards to August 9, 2018
On January 9, 2017, OSHA published its final rule, Occupational Exposure to Beryllium, in the Federal Register (82 FR 2470 – 2757). As discussed in a previous memorandum dated May 9, 2018, OSHA is currently enforcing the Permissible Exposure Limits (PEL) in the general industry, construction, and shipyard standards, at §1910.1024(c), §1926.1124(c) and §1915.1024(c), respectively. In addition, OSHA is also enforcing the general industry standard’s ancillary provisions for exposure assessment §1910.1024(d), respiratory protection §1910.1024(g), medical surveillance §1910.1024(k), and medical removal §1910.1024(l).
The May 9, 2018, memorandum also announced a 45-day delay in enforcement of the other requirements of the general industry standard until June 25, 2018, to allow OSHA time to complete a rulemaking in which OSHA would propose to extend the compliance dates of those requirements until December 12, 2018. That rulemaking would provide OSHA with time to complete a planned substantive NPRM proposing minor changes to those provisions before employers must comply with them.
OSHA published the proposed rule to extend certain compliance dates on June 1, 2018, and the comment period closes on July 2, 2018. In order to allow time to complete that rulemaking proceeding, OSHA will continue to enforce the PELs in all three standards and enforce paragraphs (d), (g), (k), and (l) of the general industry standard, but will not enforce any other provisions contained in §1910.1024 until August 9, 2018, without further notice. OSHA also will not enforce any other provisions contained in §1926.1124 or §1915.1024 without further notice.
In the interim, OSHA intends to complete the outstanding rulemaking activity.
If you have any questions, please contact Larry McGowan or Bill Matarazzo in the Office of Health Enforcement at 202-693-2190.