(a) Scope and application.
(1) This standard applies to occupational
exposure to beryllium in all forms, compounds, and mixtures in construction
except those articles and materials exempted by paragraphs (a)(2) and (a)(3) of
this standard.
(2) This standard
does not apply to articles, as defined in the Hazard Communication standard
(HCS) ( 29 CFR 1910.1200(c) ), that contain beryllium and that the employer does
not process.
(3) This standard does
not apply to materials containing less than 0.1% beryllium by weight where the
employer has objective data demonstrating that employee exposure to beryllium
will remain below the action level as an 8-hour TWA under any foreseeable
conditions.
(b) Definitions. As used in this standard:
Action level means a concentration of
airborne beryllium of 0.1 micrograms per cubic meter of air
([MICRO]g/m3) calculated as an 8-hour time-weighted
average (TWA).
Airborne exposure and airborne
exposure to beryllium mean the exposure to airborne beryllium that
would occur if the employee were not using a respirator.
Assistant Secretary means the Assistant
Secretary of Labor for Occupational Safety and Health, United States Department
of Labor, or designee.
Beryllium lymphocyte proliferation test
(BeLPT) means the measurement of blood lymphocyte proliferation in a
laboratory test when lymphocytes are challenged with a soluble beryllium
salt.
CBD diagnostic center means a medical
diagnostic center that has an on-site pulmonary specialist and on-site
facilities to perform a clinical evaluation for the presence of chronic
beryllium disease (CBD). This evaluation must include pulmonary function
testing (as outlined by the American Thoracic Society criteria)
bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic
center must also have the capacity to transfer BAL samples to a laboratory for
appropriate diagnostic testing within 24 hours. The on-site pulmonary
specialist must be able to interpret the biopsy pathology and the BAL
diagnostic test results.
Chronic beryllium disease (CBD) means a
chronic lung disease associated with airborne exposure to beryllium.
Competent person means an individual who
is capable of identifying existing and foreseeable beryllium hazards in the
workplace and who has authorization to take prompt corrective measures to
eliminate or minimize them. The competent person must have the knowledge
ability, and authority necessary to fulfill the responsibilities set forth in
paragraph (e) of this standard.
Confirmed positive means the person
tested has beryllium sensitization, as indicated by two abnormal BeLPT test
results, an abnormal and a borderline test result, or three borderline test
results. It also means the result of a more reliable and accurate test
indicating a person has been identified as having beryllium
sensitization.
Director means the Director of the
National Institute for Occupational Safety and Health (NIOSH), U.S. Department
of Health and Human Services, or designee.
Emergency means any uncontrolled release
of airborne beryllium.
High-efficiency particulate air (HEPA)
filter means a filter that is at least 99.97 percent efficient in
removing particles 0.3 micrometers in diameter.
Objective data means information, such
as air monitoring data from industry-wide surveys or calculations based on the
composition of a substance, demonstrating airborne exposure to beryllium
associated with a particular product or material or a specific process, task
or activity. The data must reflect workplace conditions closely resembling or
with a higher airborne exposure potential than the processes, types of
material, control methods, work practices, and environmental conditions in the
employer's current operations.
Physician or other licensed health care
professional (PLHCP) means an individual whose legally permitted scope
of practice (i.e., license, registration, or certification)
allows the individual to independently provide or be delegated the
responsibility to provide some or all of the health care services required by
paragraph (k) of this standard.
(c) Permissible Exposure Limits (PELs)-
(1)
Time-weighted
average (TWA) PEL. The employer must ensure that no employee is
exposed to an airborne concentration of beryllium in excess of 0.2
[MICRO]g/m3 calculated as an 8-hour TWA.
(2)
Short-term exposure limit
(STEL). The employer must ensure that no employee is exposed to an
airborne concentration of beryllium in excess of 2.0
[MICRO]g/m3 as determined over a sampling period of
15 minutes.
(d) Exposure assessment-
(1)
General. The employer must assess the airborne exposure of
each employee who is or may reasonably be expected to be exposed to airborne
beryllium in accordance with either the performance option in paragraph (d)(2)
or the scheduled monitoring option in paragraph (d)(3) of this
standard.
(2)
Performance
option. The employer must assess the 8-hour TWA exposure and the
15-minute short-term exposure for each employee on the basis of any combination
of air monitoring data and objective data sufficient to accurately characterize
airborne exposure to beryllium.
(3)
Scheduled monitoring option.
(i) The employer must perform initial
monitoring to assess the 8-hour TWA exposure for each employee on the basis of
one or more personal breathing zone air samples that reflect the airborne
exposure of employees on each shift, for each job classification, and in each
work area.
(ii) The employer must
perform initial monitoring to assess the short-term exposure from 15-minute
personal breathing zone air samples measured in operations that are likely to
produce airborne exposure above the STEL for each work shift, for each job
classification, and in each work area.
(iii) Where several employees perform the
same tasks on the same shift and in the same work area, the employer may sample
a representative fraction of these employees in order to meet the requirements
of paragraph (d)(3). In representative sampling, the employer must sample the
employee(s) expected to have the highest airborne exposure to
beryllium.
(iv) If initial
monitoring indicates that airborne exposure is below the action level and at or
below the STEL, the employer may discontinue monitoring for those employees
whose airborne exposure is represented by such monitoring.
(v) Where the most recent exposure monitoring
indicates that airborne exposure is at or above the action level but at or
below the TWA PEL, the employer must repeat such monitoring within six months
of the most recent monitoring.
(vi)
Where the most recent exposure monitoring indicates that airborne exposure is
above the TWA PEL, the employer must repeat such monitoring within three months
of the most recent 8-hour TWA exposure monitoring.
(vii) Where the most recent (non-initial)
exposure monitoring indicates that airborne exposure is below the action level
the employer must repeat such monitoring within six months of the most recent
monitoring until two consecutive measurements, taken 7 or more days apart, are
below the action level, at which time the employer may discontinue 8-hour TWA
exposure monitoring for those employees whose exposure is represented by such
monitoring, except as otherwise provided in paragraph (d)(4) of this
standard.
(viii) Where the most
recent exposure monitoring indicates that airborne exposure is above the STEL,
the employer must repeat such monitoring within three months of the most recent
short-term exposure monitoring until two consecutive measurements, taken 7 or
more days apart, are below the STEL, at which time the employer may discontinue
short-term exposure monitoring for those employees whose exposure is
represented by such monitoring, except as otherwise provided in paragraph
(d)(4) of this standard.
(4)
Reassessment of
exposure. The employer must reassess airborne exposure whenever a
change in the production, process, control equipment, personnel, or work
practices may reasonably be expected to result in new or additional airborne
exposure at or above the action level or STEL, or when the employer has any
reason to believe that new or additional airborne exposure at or above the
action level or STEL has occurred.
(5)
Methods of sample
analysis. The employer must ensure that all air monitoring samples
used to satisfy the monitoring requirements of paragraph (d) of this standard
are evaluated by a laboratory that can measure beryllium to an accuracy of plus
or minus 25 percent within a statistical confidence level of 95 percent for
airborne concentrations at or above the action level.
(6)
Employee notification of
assessment results.(i) Within 15
working...
