November 20, 2018

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OSHA Delays Enforcement of All New Beryllium Standards

OSHA was scheduled to begin enforcing its new beryllium rule for General Industry March 12, 2018.  That enforcement date has been delayed 60 days.  In a March 2, 2018, memorandum from Tom Galassi to OSHA’s regional administrators, Galassi instructed, “[n]o provisions of the beryllium final rule may be enforced until May 11, 2018.” 

Galassi explained the reason for the delay:

OSHA has been in extensive settlement discussions with several parties who have filed legal actions challenging the general industry standard. In order to provide additional time to conclude those negotiations, we have decided to delay enforcement of the general industry standard by 60 days until May 11, 2018. Furthermore, to ensure employers have adequate notice before OSHA begins enforcing them, as well as in the interest of uniform enforcement and clarity for employers, we have decided to also delay enforcement of the PEL and STEL in the construction and shipyard standards until May 11, 2018. No other parts of the construction and shipyard beryllium standards will be enforced without additional notice. In the interim, if an employer fails to meet the new PEL or STEL, OSHA will inform the employer of the exposure levels and offer assistance to assure understanding and compliance.

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About this Author

Daniel Flynn, Dinsmore Law Firm, Environmental and Safety and Health Attorney
Partner

Dan, a member of the Environmental Practice Group, focuses much of his practice on environmental, health and safety issues.

He has represented companies across general industry and construction with matters involving the Occupational Safety and Health Administration (OSHA), ensuring local and national clients minimize liability from OSHA enforcement actions by counseling clients on proper compliance with all OSHA standards and on proper inspection management techniques. If citations are issued, he helps clients develop and evaluate settlement...

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