Jan. 6, 2017
US Department of Labor issues final rule to lower beryllium levels,
increase workplace protections to reduce health risks
WASHINGTON - A new rule issued today by the U.S. Department of Labor's Occupational Safety and Health Administration dramatically lowers workplace exposure to beryllium, a strategically important material that can cause devastating lung diseases. The new beryllium standards for general industry, construction and shipyards will require employers to take additional, practical measures to protect an estimated 62,000 workers from these serious risks.
Beryllium is a strong, lightweight metal used in the aerospace, electronics, energy, telecommunication, medical and defense industries. However, it is highly toxic when beryllium-containing materials are processed in a way that releases airborne beryllium dust, fume, or mist into the workplace air that can be then inhaled by workers, potentially damaging their lungs.
Recent scientific evidence shows that low-level exposures to beryllium can cause serious lung disease. The new rule revises previous beryllium permissible exposure limits, which were based on decades-old studies.
"Outdated exposure limits do not adequately protect workers from beryllium exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's new standard is based on a strong foundation of science and consensus on the need for action, including peer-reviewed scientific evidence, a model standard developed by industry and labor, current consensus standards and extensive public outreach. The new limits will reduce exposures and protect the lives and lungs of thousands of beryllium-exposed workers."
The final rule will reduce the eight-hour permissible exposure limit from the previous level of 2.0 micrograms per cubic meter to 0.2 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, other medical surveillance and training, as well. It also establishes a short-term exposure limit of 2.0 micrograms per cubic meter over a 15-minute sampling period.
OSHA estimates that - once in full effect - the rule will annually save the lives of 94 workers from beryllium-related diseases and prevent 46 new cases of beryllium-related disease. Workers in foundry and smelting operations, fabricating, machining, grinding beryllium metal and alloys, beryllium oxide ceramics manufacturing and dental lab work represent the majority of those at risk.
Beryllium exposure is also a concern in other industries. Employees handling fly ash residue from the coal-burning process in coal-fired power plants risk beryllium exposure. In the construction and shipyard industries, abrasive blasters and their helpers may be exposed to beryllium from the use of slag blasting abrasives. Work done in these operations may cause high dust levels and significant beryllium exposures despite the low beryllium content.
To give employers sufficient time to meet the requirements and put proper protections in place, the rule provides staggered compliance dates. Once the rule is effective, employers have one year to implement most of the standard's provisions. Employers must provide the required change rooms and showers beginning two years after the effective date. Employers are also required to implement the engineering controls beginning three years after the effective date of the standards.
The final rule is available today at the Federal Register here.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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Beryllium
Disease occurs when people are exposed to high concentrations of this
toxic metal. Workers in the aerospace, defense, manufacturing, and metal
working industries face the greatest risk of exposure. Our law firm is
working with experienced beryllium disease attorneys, who are filing
lawsuits, and there are no legal fees unless you receive a settlement or
award. Call us toll-free anytime or submit a contact form online.
Have You Been Exposed to Beryllium in the Workplace?
Beryllium Exposure in the Workplace
Beryllium
is a rare metal that is mined and refined for industrial use. It is
often combined with metals like aluminum, cobalt, copper, iron, and
nickel in order to increase their hardness and resistance to corrosion.
This metal is used in manufacturing and metal working in the form of
beryllium ceramics, beryllium copper alloy, and beryllium oxide powder.
Oftentimes, exposure occurs when dust or fumes are released by alloys,
ceramics, metals, metal oxides, or salts that contain the substance.
Workers in the following industries may be exposed to this toxic metal
without realizing it.- Aerospace Workers (Jet, Satellite, and Space Shuttle Components)
- Defense Industry
- Dental Products (Bridges, Crowns, and Dental Plates)
- Manufacturing (Automobile, Computer, Electronic, Phone, and X-Ray Components)
- Metal Workers (Alloys, Die Casting, and Metal Processing)
- Mining and Refining (Ore Extraction)
- Nuclear Energy (Heat Shields and Nuclear Reactors)
Signs and Symptoms of Beryllium Disease
Exposure
to this metal can lead to a serious condition known as beryllium
disease (berylliosis). Acute beryllium disease occurs when a person is
exposed to large amounts of the metal in a short period of time. Chronic
beryllium disease (CBD) occurs when a person is exposed to dangerous
levels of the metal over a long period of time. This condition is caused
by the inhalation of metal particles which causes swelling in the
lungs. White blood cells attack the metal particles in the lungs but are
unable to remove it from the body. This buildup of particles and white
blood cells is called a granuloma. Symptoms of this condition include
the following.- Fatigue
- Weight Loss
- Difficulty Breathing/Shortness of Breath
- Cough
- Chest Pain
In
order to determine whether you are suffering from this condition your
doctor will usually run a blood test known as a beryllium lymphocyte
proliferation test (BeLPT). Your doctor may also order breathing tests
or chest x-rays in order to better understand how this condition has
affected your body. Beryllium disease cannot be fully treated but its
symptoms can be controlled. In many cases, doctors advise patients to
avoid further exposure to the substance and use a corticosteroid to
control the lung swelling. It is difficult to predict the long-term
consequences of this condition because some patients live the rest of
their lives without experiencing serious symptoms while other patients
develop progressive diseases like lung cancer.Compensation for Your Beryllium Injuries
People
who have suffered beryllium disease and lung damage may be entitled to
compensation. If your injuries are a result of workplace exposure then
you may be entitled to receive workers’ compensation benefits. Some
people may be barred from receiving these benefits because their
condition developed years after their exposure. Additionally, the
federal government has established a program to compensate Department of
Energy employees and government contractors who have suffered these
types of injuries. However, you should talk to an attorney before you
apply for these benefits because receiving workers’ compensation
benefits or a lump sum payment under the Energy Employees Occupational
Illness Compensation Program Act of 2000 may bar you from bringing
claims against your employer. This is important to consider because your
losses may exceed the amount you would receive under these programs and
you may be able to receive more compensation by filing a beryllium
lawsuit. Additionally, you may qualify for Social Security Disability
benefits if your injuries prevent you from working. An experienced
beryllium lawyer will be able to give you the assistance you need to
make the best decision in these matters.Do You Need Legal Advice Concerning Your Beryllium Disease Injuries?
If
you or a loved one has suffered lung damage due to beryllium exposure,
you should talk to an attorney about your rights. You may be entitled to
compensation for your medical bills, lost income, pain and suffering,
or other losses. We work with some of the more experienced beryllium
lawyers, who handle these cases, and there are no legal fees unless you
receive a settlement or award. Feel free to call us toll-free or submit
an online contact form.Source:
- (i) Cleveland Clinic Health Information.
http://my.clevelandclinic.org/disorders/beryllium_disease/hic_beryllium_disease.aspx - (ii) Occupational Safety & Health Administration (OSHA).
https://www.osha.gov/SLTC/beryllium/be_and_chronic_be_disease.html