Oregon OSHA
–
Proposed Oregon OSHA Correction to the
Beryllium Rules.
September 2017
Text removed is in [brackets with line through].
Text added is in bold and underline.
Division 2/Z Beryllium
437-002-2024 Scope and application. This subdivision applies to all occupational exposures to
beryllium in all forms, compounds, and mixtures in general industry and construction activities,
except for the following:
(1) This subdivision does not apply to articles, as defined in the Hazard Communication
standard (HCS) (OAR 437-002- §1910.1200(c)), that contain beryllium and that the employer
does not process.
(2) This subdivision 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.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2028 Regulated and restricted access areas. This rule applies to fixed site beryllium
work areas and regulated areas, and restricted access areas for construction activities.
(1) Fixed sites.
(a) Beryllium work area.
(A) Establish and maintain a beryllium work area in work area containing a process or
operation that can release beryllium where employees are, or can reasonably be
expected to be, exposed to airborne beryllium at any level or where there is the
potential for dermal contact with beryllium.
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(B) Identify each beryllium work area through signs or any other methods that
adequately establish and inform each employee of the boundaries of each
beryllium work area.
(b) Regulated areas.
(A)
Establish a regulated area wherever an employee’s exposure to airborne
concentrations of beryllium is, or can reasonably be expected to be, in excess of
the PEL.
(B) Demarcate regulated areas from the rest of the workplace in a manner that
minimizes the number of employees exposed to beryllium within the regulated area.
Post legible and easily visible signs at all entrances to regulated areas that bear the
following legend.
DANGER
REGULATED AREA
BERYLLIUM
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE
CLOTHING AND EQUIPMENT IN THIS AREA
(C) Limit access to regulated areas to:
(i) Persons authorized by the employer and required by work duties to be present in
the regulated area;
(ii) Any person entering such an area as a designated representative of employees
for the purpose of exercising the right to observe monitoring procedures under 437-
002-2040; and
(iii) Any person authorized by law to be in a regulated area.
(D) Provide and ensure each
employee and the employee’s designated representative
entering a regulated area uses:
(i) Appropriate respiratory protection in accordance with 437-002-2030,
(ii) Appropriate personal protective equipment in accordance with 437-002-2045.
(2) Restricted access for construction activities. For employers engaged in construction
activities;
(a) Written procedures. Develop and implement written procedures to restrict access to
work areas, where airborne exposures are, or can reasonably be expected to be, above
the TWA PEL or STEL, to minimize the number of employees exposed to beryllium and
their level of exposure, including exposures generated by other employers or sole
proprietors. Procedures must be part of the written exposure control plan required by
437-002-2029.
(b) Competent person. Designate a competent person to ensure the procedures are
followed.
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Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2029 Methods of Compliance. This rule describes the engineering and work practice
controls you must use.
(1) Establish and implement a written exposure control plan that contains at least the following
elements:
(a) A list of operations and job titles reasonably expected to involve airborne exposure to or
dermal contact with beryllium;
(b) A list of operations and job titles reasonably expected to involve airborne exposure at or
above the action level;
(c) A list of operations and job titles reasonably expected to involve airborne exposure
above the TWA PEL or STEL;
(d) Procedures for minimizing cross-contamination, including preventing the transfer of
beryllium between surfaces, equipment, clothing, materials, and articles within beryllium
work areas;
(e) Procedures for minimizing the migration of beryllium from beryllium work areas to other
locations within or outside the workplace;
(f)(e) A list of engineering controls, work practices, and respiratory protection required by
this subdivision;
(g)(f) A list of personal protective clothing and equipment required by 437-002-2045 of this
subdivision; and
(h)(g) Procedures for removing, laundering, storing, cleaning, repairing, and disposing of
beryllium-contaminated personal protective clothing and equipment, including respirators.
(2) On fixed sites, the exposure control plan must also include: procedures for keeping surfaces
as free as practicable of beryllium.
(a) Procedures for keeping surfaces as free as practicable of beryllium;
(b) Procedures for preventing the transfer of beryllium between surfaces, equipment,
clothing, materials, and articles within beryllium work areas; and
(c) Procedures for minimizing the migration of beryllium from beryllium work areas to
other locations within or outside the workplace.
(3) Review and evaluate the effectiveness of each written exposure control plan at least
annually and update it, as necessary, when:
(a) Any change in production processes, materials, equipment, personnel, work practices,
or control methods results, or can reasonably be expected to result, in new or additional
airborne exposure to beryllium;
(b) You are notified that an employee is eligible for medical removal in accordance with
OAR 437-002-2035, referred for evaluation at a CBD diagnostic center, or shows signs
or symptoms associated with airborne exposure to or dermal contact with beryllium; or
(c) You have any reason to believe that new or additional airborne exposure is occurring or
will occur.
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(4) Make a copy of the written exposure control plan accessible to each employee who is, or
can reasonably be expected to be, exposed to airborne beryllium in accordance with Oregon
OSHA's Access to Employee Exposure and Medical Records (Records Access) rule (437-
002-§1910.1020(e)).
(5) Engineering and work practice controls.
(a) For each operation in a beryllium work area that releases airborne beryllium, and where
exposures are, or can reasonably be expected to be, at or above the action level, ensure
that at least one of the following is in place to reduce airborne exposure:
(A) Material and/or process substitution;
(B) Isolation, such as ventilated partial or full enclosures;
(C) Local exhaust ventilation, such as at the points of operation, material handling, and
transfer; or
(D) Process control, such as wet methods and automation.
(b) You are exempt from using the controls listed above to the extent that:
(A) You can establish that such controls are not feasible; or
(B) You can demonstrate that airborne exposure is below the action level, using no
fewer than two representative personal breathing zone samples taken at least 7
days apart, for each affected operation.
(c) If airborne exposure exceeds the PEL or STEL after implementing the control(s) required
by paragraph (5)(a) of this rule, implement additional or enhanced engineering and work
practice controls to reduce airborne exposure to or below the exposure limit(s)
exceeded.
(d) When you demonstrate that it is not feasible to reduce airborne exposure to or below the
PELs by the engineering and work practice controls required by this rule, implement and
maintain engineering and work practice controls to reduce airborne exposure to the
lowest levels feasible and supplement these controls by using respiratory protection in
accordance with OAR 437-002-2030.
(6) Prohibition of rotation. Do not rotate employees to different jobs to achieve compliance with
the PELs.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2030 Respiratory protection. This rule applies to all respirator use.
(1) Where respiratory protection is required by this subdivision, provide each employee an
appropriate respirator that complies with the requirements of this rule and OAR 437-002-
§1910.134. Respiratory protection is required:
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(a) Where exposures exceed the PEL or STEL during periods necessary to install or
implement feasible engineering and work practice controls;
(b) Where exposures exceed the PEL or STEL during tasks, such as certain maintenance
and repair tasks, for which engineering and work practice controls are not feasible;
(c) During tasks for which an employer has implemented all feasible engineering and work
practice controls and such controls are not sufficient to reduce exposures to or below the
PEL or STEL;
(d) During emergencies;
(e) When an employee who is eligible for medical removal under OAR 437-002-2035
chooses to remain in a job with airborne exposure at or above the action level, as
permitted by that rule.
(2) Where respirator use is required by this rule, institute a respiratory protection program in
accordance with OAR 437-002- §1910.134.
(3) Provide a powered air-purifying respirator (PAPR) instead of a negative pressure respirator
at no cost to the employee when:
(a) Respiratory protection is required by this rule;
(b) An employee entitled to such respiratory protection requests a PAPR; and
(c) The PAPR provides adequate protection to the employee.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2045 Personal protective clothing and equipment. This rule applies to all personal
protective equipment and clothing.
(1) Provide appropriate personal protective clothing and equipment at no cost to employees in
accordance with the written exposure control plan required under OAR 437-002-2029 , and
437-002-0134, and 437-003-0134:
(a) Where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA
PEL or STEL; or
(b) Where there is a reasonable expectation of dermal contact with beryllium.
(2) Ensure employees use provided protective clothing and equipment.
(3) Removal and storage.
(a) Ensure that each employee removes all beryllium-contaminated personal protective
clothing and equipment at the end of the work shift, at the completion of tasks involving
beryllium, or when personal protective clothing or equipment becomes visibly
contaminated with beryllium, whichever comes first.
(b) Ensure that each employee removes beryllium-contaminated personal protective
clothing and equipment as specified in the written exposure control plan required by 437-
002-2029.
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(c) Ensure that each employee stores and keeps beryllium-contaminated personal
protective clothing and equipment separate from street clothing and that storage facilities
prevent cross-contamination as specified in the written exposure control plan required by
437-002-2029
(d) Ensure that no employee removes beryllium-contaminated personal protective clothing
or equipment from the workplace, except for employees authorized to do so for the
purposes of laundering, cleaning, maintaining or disposing of beryllium-contaminated
personal protective clothing and equipment at an appropriate location or facility away
from the workplace.
(e) When personal protective clothing or equipment required by this rule is removed from
the workplace for laundering, cleaning, maintenance , or disposal, ensure that personal
protective clothing and equipment are stored and transported in sealed bags or other
closed containers that are impermeable and are labeled in accordance with 437-002-
2036 and the hazard communication standard (HCS) (437-002-§1910.1200).
(4) Cleaning and replacement.
(a) Ensure that all reusable personal protective clothing and equipment required by this rule
is cleaned, laundered, repaired, and replaced as needed to maintain its effectiveness.
(b) Ensure that beryllium is not removed from personal protective clothing and equipment by
blowing, shaking or any other means that disperses beryllium into the air.
(c) Inform in writing the persons or the business entities who launder, clean or repair the
personal protective clothing or equipment required by this rule of the potentially harmful
effects of airborne exposure to and dermal contact with beryllium and that the personal
protective clothing and equipment must be handled in accordance with this rule.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2032 Hygiene areas and practices. This rule covers hygiene requirements for all
employers covered under the beryllium rule scope, 437-002-2024.
(1) For each employee working in a beryllium work area or required to use personal
protective clothing or equipment by this subdivision, you must:
(a) Provide readily accessible washing facilities in accordance with this rule and the
Sanitation standards (437-002- §1910.141 and 437-003- §1926.51) to remove
beryllium from the hands, face, and neck; and
(b) Ensure that employees who have dermal contact with beryllium wash any
exposed skin at the end of the activity, process, or work shift and prior to eating,
drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the
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toilet.
(c) Provide employees with a designated change room where employees are
required to remove their personal clothing.
(2) Wherever the employer allows employees to consume food or beverages at a worksite
where beryllium is present, you must ensure that:
(a) Surfaces in eating and drinking areas are as free as practicable of beryllium:
(b) Employees do not enter any eating or drinking area with personal protective
clothing or equipment unless, prior to entry, surface beryllium has been removed
from the clothing or equipment by methods that do not disperse beryllium into the
air or onto an employee's body; and
(c) Eating and drinking facilities provided by the employer are in accordance with the
Sanitation standards (§1910.141 or 437-003- §1926.51).
(3) Ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply
cosmetics in regulated areas or work areas where there is a reasonable expectation of
exposure above the TWA PEL or STEL.
(4) On fixed sites, provide showers when:
(a) Airborne exposures exceed or can reasonably be expected to exceed, the PEL
or STEL.
(b) Beryllium can reasonably be expected to contaminate employees' hair or body
parts other than hands, face, and neck.
(5) When showers on fixed sites are required, ensure that each employee showers at the
end of the work shift or work activity if:
(a) The employee reasonably could have had airborne exposure above the TWA
PEL or STEL; and
(b) Beryllium could reasonably have contaminated the employee's hair or body parts
other than hands, face, and neck.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2033 Housekeeping. This rule covers housekeeping requirements for all employers
covered under the beryllium rule scope, 437-002-2024.
(1) Do not allow dry sweeping or dry brushing where such activity could contribute to employee
exposure to beryllium unless wet sweeping, HEPA-filtered vacuuming or other methods that
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minimize the likelihood of exposure are not feasible. Ensure that all spills and emergency
releases of beryllium are cleaned up promptly and in accordance with the written
exposure control plan required by 437-002-2029.
(2) Do not allow compressed air to be used to clean clothing or surfaces where such activity
could contribute to employee exposure to beryllium unless:
(a) The compressed air is used in conjunction with a ventilation system that effectively
captures the dust cloud created by the compressed air; or
(b) No alternative method is feasible.
(2) When cleaning beryllium-contaminated areas, or surfaces in beryllium work areas,
ensure the use of HEPA-filtered vacuuming or other methods that minimize the
likelihood and level of airborne exposure.
(3) Do not allow dry sweeping or brushing for cleaning surfaces unless HEPA-filtered
vacuuming or other methods that minimize the likelihood and level of airborne
exposure are not safe or effective.
(4) Do not allow the use of compressed air for cleaning beryllium- contaminated surfaces
unless the compressed air is used in conjunction with a ventilation system designed
to capture the particulates made airborne by the use of compressed air.
(5) Do not allow dry sweeping or dry brushing where such activity could contribute to
employee exposure to beryllium unless wet sweeping, HEPA-filtered vacuuming or
other methods that minimize the likelihood of exposure are not feasible.
(6) Where employees use dry sweeping, brushing, or compressed air to clean beryllium-
contaminated surfaces, the employer must provide, and ensure that each employee
uses, respiratory protection and personal protective clothing and equipment in
accordance with this subdivision.
(7) Ensure that cleaning equipment is handled and maintained in a manner that
minimizes the likelihood and level of airborne exposure and the re-entrainment of
airborne beryllium in the workplace.
(8) On fixed sites, maintain all surfaces in beryllium work areas as free as practicable of
beryllium and in accordance with the written exposure control plan required by 437-
002-2029.
(9) Disposal.
(a) When transferring beryllium-containing materials from construction activities to
another party for use or disposal, ensure that party is provided with a label that meets
OAR 437-002-2036.
(b) When transferring beryllium-containing materials from fixed sites:
(A) Ensure that materials designated for disposal that contain or are contaminated
with beryllium are disposed of in sealed, impermeable enclosures, such as bags
or containers, that are labeled in accordance with OAR 437-002-2036.
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(B) Ensure that materials designated for recycling that contain or are
contaminated with beryllium are cleaned to be as free as practicable of surface
beryllium contamination and labeled in accordance with OAR 437-002-2036.
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2034 Medical surveillance. This rule describes the medical monitoring requirements of
this subdivision.
(1) Make medical surveillance available to each employee:
(a) Who is or can be reasonably expected to exposed to beryllium at or above the action
level for 30 or more days per year;
(b) Who shows signs or symptoms of CBD or other beryllium-related health effects;
(c) Who is exposed to beryllium during an emergency.
(2) You must also make medical surveillance available to each employee whose most recent
written medical opinion required by this rule recommends periodic medical surveillance.
NOTE: The medical evaluation requirements of the respiratory protection rule, OAR 437-
002- §1910.134, still apply for employees wearing respiratory protection.
(3) Medical surveillance must be provided at no cost to the employee and at a reasonable time
and place.
(4) Ensure that all medical examinations and procedures required by this rule are performed by
a PLHCP as defined in 437-002-2025.
(5) Provide a medical examination:
(a) Initially within 30 days for every employee covered by paragraph (1) of this rule, except
for any employee who has received a medical examination, provided in accordance with
this rule, within the last two years;
(b) Every two years for each employee covered by paragraphs (1)(a), (1)(b), and (2) of this
rule; and
(c) At the termination of employment for each employee who meets any of the criteria of
paragraph (1)(a) or (2) of this rule at the time of termination. the employee's
employment terminates, unless This requirement does not apply if an examination
has been provided in accordance with this rule during the within six months prior to of
the date of termination.
(6) Ensure that the PLHCP conducting the examination advises the employee of the risks and
benefits of participating in the medical surveillance program and the employee's right to opt
out of any or all parts of the medical examination.
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(7) The examination must include:
(a) A medical and work history, with emphasis on past and present airborne exposure to or
dermal contact with beryllium, smoking history, and any history of respiratory system
dysfunction;
(b) A physical examination with emphasis on the respiratory system;
(c) A physical examination for skin rashes;
(d) Pulmonary function tests, performed in accordance with the guidelines established by
the American Thoracic Society including forced vital capacity (FVC) and forced
expiratory volume in one second (FEV1);
(e) A standardized BeLPT or equivalent test, upon the first examination and at least every
two years thereafter, unless the employee is confirmed positive. If the results of the
BeLPT are other than normal, a follow-up BeLPT must be offered within 30 days, unless
the employee has been confirmed positive. Samples must be analyzed in a laboratory
certified under the College of American Pathologists/Clinical Laboratory Improvement
Amendments (CLIA) guidelines to perform the BeLPT.
(f) A low dose computed tomography (LDCT) scan, when recommended by the PLHCP
after considering the employee's history of exposure to beryllium along with other risk
factors, such as smoking history, family medical history, sex, age, and presence of
existing lung disease; and
(g) Any other test deemed appropriate by the PLHCP.
(8) Ensure that the examining PLHCP (and the agreed-upon CBD diagnostic center, if an
evaluation is required under paragraph (15) of this rule) has a copy of this subdivision and is
provided the following information, if known:
(a) A description of the employee's former and current duties that relate to the employee's
airborne exposure to and dermal contact with beryllium;
(b) The employee's former and current levels of airborne exposure;
(c) A description of any personal protective clothing and equipment, including respirators,
used by the employee, including when and for how long the employee has used that
personal protective clothing and equipment; and
(d) Information from records of employment-related medical examinations previously
provided to the employee, currently within the control of the employer, after obtaining
written consent from the employee.
(9) Ensure that the employee receives a written medical report from the licensed physician
within 45 days of the examination (including any follow-up BeLPT required under paragraph
(7)(e) of this rule) and that the PLHCP explains the results of the examination to the
employee. Ensure the written report contains:
(a) A statement indicating the results of the medical examination, including the licensed
physician's opinion as to whether the employee has:
(A) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the
employee is confirmed positive, as defined in OAR 437-002-2025), that may place
the employee at increased risk from further airborne exposure, and
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(B) Any medical conditions related to airborne exposures that require further evaluation
or treatment.
(b) Any recommendations on:
(A) The employee's use of respirators, protective clothing, or equipment; or
(B) Limitations on the employee's airborne exposure to beryllium.
(c) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician
otherwise deems it appropriate, the written report must also contain a referral for an
evaluation at a CBD diagnostic center.
(d) If the employee is confirmed positive or diagnosed with CBD the written report must also
contain a recommendation for continued periodic medical surveillance.
(e) If the employee is confirmed positive or diagnosed with CBD the written report must also
contain a recommendation for medical removal from airborne exposure to beryllium, as
described in OAR 437-002-2035.
(10) Obtain a written medical opinion from the licensed physician within 45 days of the medical
examination (including any follow-up BeLPT required by this rule). The written opinion must
contain only the following:
(a) The date of the examination;
(b) A statement that the examination has met the requirements of this rule; and
(c)
Any recommended limitations on the employee’s use of respirators, protective clothing,
or equipment; and
(d) A statement that the PLHCP has explained the results of the medical examination to the
employee, including any tests conducted, any medical conditions related to airborne
exposure that require further evaluation or treatment, and any special provisions for use
of personal protective clothing or equipment.
(11) If the employee provides written authorization, the written opinion must also contain any
recommended limitations on the employee's airborne exposure to beryllium.
(12) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician
otherwise deems it appropriate, and the employee provides written authorization, the written
opinion must also contain a referral for an evaluation at a CBD diagnostic center.
(13) If the employee is confirmed positive or diagnosed with CBD and the employee provides
written authorization, the written opinion must also contain a recommendation for continued
periodic medical surveillance.
(14) If the employee is confirmed positive or diagnosed with CBD and the employee provides
written authorization, the written opinion must also contain a recommendation for medical
removal from airborne exposure to beryllium, as described in 437-002-2035.
(15) When a physician's written medical report indicates that the employee has been confirmed
positive or diagnosed with CBD, or recommends referral to a CBD diagnostic center, provide
an evaluation to the employee at a CBD diagnostic center that is mutually agreed upon by
the employer and the employee. This evaluation must be provided within 30 days of
receiving the written opinion, and at no cost to the employee.
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(a) Ensure the employee receives a written medical report within 30 days of the medical
examination from the CBD diagnostic center that includes:
(A) A statement indicating the results of the medical examination, including the licensed
physician's opinion as to whether the employee has:
(i) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the
employee is confirmed positive, as defined in OAR 437-002-2025), that may
place the employee at increased risk from further airborne exposure, and
(ii) Any medical conditions related to airborne exposure that require further
evaluation or treatment.
(B) Any recommendations on:
(i) The employee's use of respirators, protective clothing, or equipment; or
(ii) Limitations on the employee's airborne exposure to beryllium.
(b) If the employee is confirmed positive or diagnosed with CBD the written report must also
contain a recommendation for continued periodic medical surveillance.
(c) If the employee is confirmed positive or diagnosed with CBD the written report must also
contain a recommendation for medical removal from airborne exposure to beryllium, as
described in OAR 437-002-2035.
(16) Obtain a written medical opinion from CBD diagnostic center within 30 days of the medical
examination. The written opinion must contain only the following:
(a) The date of the examination;
(b) A statement that the examination has met the requirements of this rule; and
(c)
Any recommended limitations on the employee’s use of respirators, protective clothing,
or equipment; and
(d) A statement that the PLHCP has explained the results of the medical examination to the
employee, including any tests conducted, any medical conditions related to airborne
exposure that require further evaluation or treatment, and any special provisions for use
of personal protective clothing or equipment.
(e) If the employee provides written authorization, the written opinion must also contain:
(A) Any recommended limitations on the employee's airborne exposure to beryllium
(B) A recommendation for continued periodic medical surveillance if the employee is
confirmed positive or diagnosed with CBD;
(C) A recommendation for medical removal from airborne exposure to beryllium, as
described in 437-002-2035, if the employee is confirmed positive or diagnosed with
CBD.
(17) After an employee has received the initial clinical evaluation at a CBD diagnostic center,
the employee may choose to have any subsequent medical examinations for which the
employee is eligible performed at a CBD diagnostic center mutually agreed upon by the
employer and the employee. Provide such examinations at no cost to the employee.
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Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2036 Communication of beryllium hazards to employees.
(1) Chemical manufacturers, importers, distributors, and employers must ensure that
compliance with the requirements of the hazard communication rule (OAR 437-002-
§1910.1200) for beryllium. In classifying the hazards of beryllium, the following hazards
must be addressed:
(a) Cancer;
(b) Lung effects (CBD and acute beryllium disease);
(c) Beryllium sensitization;
(d) Skin sensitization; and
(e) Skin, eye, and respiratory tract irritation.
(2) Include beryllium in the hazard communication program established to comply with the
hazard communication rule. Ensure that each employee has access to labels on
containers of beryllium and to safety data sheets, and is trained in accordance with the
requirements of the hazard communication standard (OAR 437-002-§1910.1200) and
paragraph (4) of this rule.
(3) Label each bag and container of clothing, equipment, and materials contaminated with
beryllium, and, at a minimum, include the following on the label:
DANGER
CONTAINS BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AVOID CREATING DUST
DO NOT GET ON SKIN
(4) For each employee who has, or can reasonably be expected to have, airborne exposure
to or dermal contact with beryllium:
(a) Provide initial training to each employee by the time of initial assignment; and
(b) Repeat the training required under this rule annually for each employee.
(5) Ensure that each employee who is, or can reasonably be expected to be, exposed to
airborne beryllium can demonstrate knowledge and understanding of the following:
(a) The health hazards associated with airborne exposure to and contact with
beryllium, including the signs and symptoms of CBD;
(b) The written exposure control plan, with emphasis on the location(s) of beryllium
work areas, including any regulated areas, and the specific nature of operations
that could result in airborne exposure, especially airborne exposure above the
TWA PEL or STEL;
(c) The purpose, proper selection, fitting, proper use, and limitations of personal
protective clothing and equipment, including respirators;
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(d) Applicable emergency procedures;
(e) Measures employees can take to protect themselves from airborne exposure to
and contact with beryllium, including personal hygiene practices;
(f) The purpose and a description of the medical surveillance program required by
OAR 437-002-2034 including risks and benefits of each test to be offered;
(g) The purpose and a description of the medical removal protection provided under
OAR 437-002-2035;
(h) The contents of the standard; and
(i) The employee's right of access to records under the Records Access standard
(OAR 437-002-§1910.1020).
(6) When a workplace change (such as modification of equipment, tasks, or procedures)
results in new or increased airborne exposure that exceeds, or can reasonably be
expected to exceed, either the TWA PEL or the STEL, provide additional training to
those employees affected by the change in airborne exposure
(7) Make a copy of this subdivision and its appendices readily available at no cost to each
employee and designated employee representative(s).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
437-002-2037 Recordkeeping.
(1) Air monitoring data.
(a) Make and maintain an accurate record of all exposure measurements taken to assess
employee exposure to beryllium, as prescribed in 437-002-2040.
(b) This record must include at least the following information:
(A) The date of measurement for each sample taken;
(B) The task monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and results of samples taken;
(E) Identity of the laboratory that performed the analysis;
(F) (E) Type of personal protective clothing and equipment, including respirators, worn
by the employees monitored; and
(G) (F) Name, social security number, and job classification of all employees
represented by the monitoring, indicating which employees were actually monitored.
(c) Ensure that exposure records are maintained and made available in accordance with
OAR 437-002- §1910.1020.
(2) Objective data.
(a) Make and maintain an accurate record of all objective data relied upon to comply with
the requirements of this subdivision.
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(b) This record must include at least the following information:
(A) The data relied upon;
(A) (B) The beryllium-containing material in question;
(B) (C) The source of the objective data;
(C) The testing protocol and results of testing;
(D) A description of the process, task, or activity on which the objective data were based;
and
(E) Other data relevant to the process, task, activity, material, or exposures on which the
objective data were based.
(c) Ensure that objective data are maintained and made available in accordance with OAR
4374-002- §1910.1020.
(3) Medical surveillance.
(a) Make and maintain an accurate record for each employee covered by medical
surveillance under 437-002-2034.
(b) The record must include the following information about the employee:
(A) Name and social security number;
(B) A co
py of the PLHCPs’ and specialists’ written medical opinions;
(C) A copy of the information provided to the PLHCPs and specialists.
(c) Ensure that medical records are maintained and made available in accordance with 437-
002-§1910.1020.
(4) Training.
(a) At the completion of any training required by this standard, the employer must prepare a
record that indicates the name, social security number, and job classification of each
employee trained, the date the training was completed, and the topic of the training.
(b) This record must be maintained for three years after the completion of training.
(5) Upon request, you must make all records maintained as a requirement of this subdivision
available for examination and copying to the Director of the Oregon Department of
Consumer and Business Services, or designee, and the Director of the National Institute for
Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services,
or designee, each employee, and each employee's designated representative(s) in
accordance the Records Access standard 437-002-§1910.1020).
(6) Comply with the requirements involving transfer of records set forth in the Records Access
standard (437-002- §1910.1020).
Stat. Auth.: ORS 654.025(2) and 656.726(4).
Stats. Implemented: ORS 654.001 through 654.295.
Hist:
OR-OSHA Admin. Order 3-2017, f. 07/07/17, ef. 03/12/18.
OR-OSHA Admin. Order X-2017, f. XX/XX/XX, ef. XX/XX/XX.
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