ConDig (11-May-18).  The Occupational Safety and Health Administration (OSHA) has started enforcing elements of its final rule on beryllium regulations on construction sites as of today (May 11), but plans to delay enforcement of certain ancillary provisions of its general industry standard until December 12.

Under the new regulations, inspectors have been told in a memo to confirm that the construction employer in question has implemented a suitable respiratory protection program, as outlined in Standard §1910.134.

OSHA said that inspectors must also verify compliance with the program through a review of the written program, visual observations during a walk-around and employee interviews.

If the inspector determines that an employer has not instituted the required safeguards, OSHA advised citing the company for the violation.
The agency aims to cut the allowable exposure to beryllium dust to 0.2 micrograms per cubic meter during any eight-hour period from 2.0 micrograms per cubic meter.

Above that level, employers must take steps to reduce the airborne concentration of beryllium. The rule requires additional protections, including personal protective equipment, medical exams and other medical surveillance and training. It also establishes a short-term exposure limit of 2.0 micrograms per cubic meter over a 15-minute sampling period.

Enforcement of the general industry requirements for change rooms and showers will begin March 11, 2019, and requirements for engineering controls will begin March 10, 2020.

In January, the agency raised the maximum fine for first-time infractions to $12,934, but companies have the right to contest violations and may have the penalty reduced through abatement or negotiated settlements.

Meanwhile, OSHA said that it is set to fine Hua Da Construction in Philadelphia $222,152 for

exposing employees to dangerous workplace safety hazards.

OSHA cited the employer for exposing workers to electrical shock, trip, fall, struck-by, and impalement hazards; obstructed egress routes; unsafe use of ladders and compressed gas cylinders; and lack of fall protection. The agency cited the company for similar violations in 2016.

“Employers have a legal responsibility to provide a safe and healthful workplace,” said Theresa Downs, OSHA Philadelphia area office Director. “This employer continued to disregard OSHA standards, and put workers at risk for injury from multiple safety hazards.”