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OSHA 1910.1024

Beryllium scope and definitions

Subpart Z

50 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.1024(a)(1), what workplaces and exposures does the beryllium standard cover?

This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in general industry, except for the specific exemptions listed in paragraphs (a)(2) and (a)(3). See 1910.1024(a)(1).

  • Use this rule when you handle, process, or otherwise work with beryllium materials in general industry.
  • Remember the two narrower exemptions at 1910.1024(a)(2) and 1910.1024(a)(3).

Under 1910.1024(a)(2), when are items that contain beryllium treated as exempt "articles"?

Yes — under 1910.1024(a)(2) the standard does not apply to articles that contain beryllium when those articles are not processed by the employer and meet the Hazard Communication Standard definition of an "article." See 1910.1024(a)(2) and the Hazard Communication definition at 1910.1200(c).

  • Practical tip: if you only store or ship finished articles that contain beryllium and you do not process them, the beryllium standard likely does not apply—but confirm the HCS "article" criteria in 1910.1200(c).

Under 1910.1024(a)(3), when are materials with less than 0.1% beryllium exempt from the standard?

Materials containing less than 0.1% beryllium by weight are exempt only if the employer has objective data showing employee exposure will remain below the action level as an 8‑hour TWA under all foreseeable conditions. See 1910.1024(a)(3).

  • "Objective data" is defined in the standard and must reflect conditions that closely resemble or have higher exposure potential than your operations; see the definition of objective data in 1910.1024.
  • If you cannot demonstrate exposures stay below the action level under foreseeable conditions, apply the full standard.

Under 1910.1024(b), what is the action level for airborne beryllium?

The action level for airborne beryllium is 0.1 micrograms per cubic meter of air (μg/m3) calculated as an 8-hour time-weighted average (TWA). See the definition of "Action level" in 1910.1024(b).

  • Employers use this action level to trigger certain monitoring and medical surveillance obligations in the standard.

Under 1910.1024(c)(1), what is the 8‑hour TWA permissible exposure limit (PEL) for beryllium?

The 8‑hour TWA PEL for airborne beryllium is 0.2 μg/m3. See 1910.1024(c)(1).

  • Employers must ensure no employee is exposed above this 8‑hour TWA PEL.

Under 1910.1024(c)(2), what is the short-term exposure limit (STEL) for beryllium?

The STEL for beryllium is 2.0 μg/m3 measured over a 15‑minute sampling period. See 1910.1024(c)(2).

  • Employers must ensure no employee is exposed above this 15‑minute STEL.

Under 1910.1024(d), what monitoring options does an employer have to assess airborne beryllium exposure?

Employers must assess airborne exposure for each employee by using either the performance option or the scheduled monitoring option described in the standard. See 1910.1024(d)(1)-(3).

  • The performance option lets you combine air monitoring and objective data to characterize exposures (1910.1024(d)(2)).
  • The scheduled monitoring option requires initial and periodic personal monitoring as outlined in 1910.1024(d)(3).

Under 1910.1024(d)(3)(i)-(ii), what must initial monitoring include for 8‑hour and short‑term exposures?

Initial monitoring must include one or more personal breathing zone air samples that reflect employees' exposures on each shift, for each job classification, and in each work area for 8‑hour TWA exposures, and 15‑minute personal breathing zone samples in operations likely to produce exposures above the STEL. See 1910.1024(d)(3)(i)-(ii).

  • Samples should be personal breathing zone samples (not only area samples) to represent employee exposures accurately.

Under 1910.1024(d)(3)(iii), can an employer sample only a representative fraction of employees who do the same task?

Yes — when several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of those employees, but must sample the employee(s) expected to have the highest airborne exposure. See 1910.1024(d)(3)(iii).

  • Practical approach: identify the worst-case workers (e.g., closest to the source) and include them in the sampling pool.

Under 1910.1024(d)(3)(iv), when may monitoring be discontinued after initial results?

If initial monitoring shows airborne exposure is below the action level and at or below the STEL, the employer may discontinue monitoring for the employees represented by that monitoring. See 1910.1024(d)(3)(iv).

  • Note: discontinuation is limited to those employees whose exposures were represented by the monitoring and subject to reassessment requirements.

Under 1910.1024(d)(3)(vii)-(viii), how often must employers repeat monitoring when exposures are near or above limits?

If a non-initial monitoring result shows exposure below the action level, repeat monitoring must be done within six months until two consecutive measurements (taken 7 or more days apart) are below the action level; if a result shows exposure above the STEL, repeat short‑term monitoring must be done within three months until two consecutive measurements (7+ days apart) are below the STEL. See 1910.1024(d)(3)(vii)-(viii).

  • Keep clear records of dates and results to demonstrate compliance with the repeat-monitoring schedule.

Under 1910.1024(d)(4), when must an employer reassess airborne beryllium exposure?

An employer must reassess airborne exposure whenever a change in 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 reason to believe such exposure has occurred. See 1910.1024(d)(4).

  • Examples: installing new equipment, changing materials, or altering work procedures are triggers for reassessment.

Under 1910.1024(d)(5), what are the laboratory requirements for analyzing beryllium air samples?

Air monitoring samples must be evaluated by a laboratory capable of measuring beryllium to an accuracy of ±25% within a 95% statistical confidence level for airborne concentrations at or above the action level. See 1910.1024(d)(5).

  • Use accredited labs or labs that can document they meet this performance specification to avoid invalid results.

Under 1910.1024(d)(6), what are the employer's duties for notifying employees about exposure assessment results?

The employer must notify each employee whose airborne exposure is represented by an assessment within 15 working days after completing the assessment, either individually in writing or by posting results in an accessible location; if exposure is above the TWA PEL or STEL, the notification must describe corrective actions being taken. See 1910.1024(d)(6)(i)-(ii).

  • Keep copies of notifications and documented corrective actions to show compliance.

Under 1910.1024(d)(7), what rights and protections do employees have to observe exposure monitoring?

Employees whose airborne exposure is measured (and their representatives) must be given the opportunity to observe any required exposure monitoring; if observation requires entering areas that need PPE, the employer must provide appropriate protective clothing and equipment at no cost and ensure observers use it and follow safety procedures. See 1910.1024(d)(7)(i)-(iii).

  • Employers should have observer PPE ready and documented procedures for observers to follow.

Under 1910.1024(e), when must employers establish beryllium work areas and regulated areas and how must they be marked?

Employers must establish and maintain a beryllium work area wherever the definition in paragraph (b) is met, and must establish a regulated area wherever employees are or can reasonably be expected to be exposed above the TWA PEL or STEL; each beryllium work area must be identified through signs or other methods that clearly mark the boundaries. See 1910.1024(e)(1)-(2).

  • Use clear signage and access controls to prevent unauthorized entry and to communicate required protections inside the area.

Under the definitions in 1910.1024, what qualifies as "dermal contact with beryllium"?

"Dermal contact with beryllium" means skin exposure to: (1) soluble beryllium compounds containing ≥0.1% beryllium by weight; (2) solutions containing ≥0.1% beryllium by weight; or (3) visible dust, fumes, or mists containing ≥0.1% beryllium by weight; handling solid non‑particulate beryllium materials free from visible dust is not considered dermal contact. See the definitions in 1910.1024.

  • If you handle powders, wet solutions, or create visible dust, treat that as potential dermal contact and use appropriate controls and PPE.

Under the definitions in 1910.1024, what does "contaminated with beryllium" mean?

"Contaminated with beryllium" means contaminated with dust, fumes, mists, or solutions that contain beryllium in concentrations greater than or equal to 0.1% by weight. See the definitions in 1910.1024.

  • Areas or items meeting that criterion should be handled under the beryllium work area and decontamination provisions of the standard.

Under the definitions in 1910.1024, what are the requirements for a "CBD diagnostic center"?

A CBD diagnostic center must have a pulmonologist or pulmonary specialist on staff, on-site facilities to perform pulmonary function testing, bronchoalveolar lavage (BAL), and transbronchial biopsy, the ability to transfer BAL samples to a laboratory for diagnostic testing within 24 hours, and the pulmonologist must be able to interpret biopsy pathology and BAL diagnostic results. See the definition of "CBD diagnostic center" in 1910.1024.

  • Employers arranging medical follow-up for suspected chronic beryllium disease should use a center meeting these criteria.

Under 1910.1024, what is meant by "objective data" and when can it be used to satisfy monitoring requirements?

"Objective data" means information such as air monitoring data from industry-wide surveys or calculations based on substance composition demonstrating airborne exposure associated with a product, material, process, task, or activity; it can be used when it closely resembles or represents higher exposure potential than your workplace conditions. See the definition of "Objective data" in 1910.1024 and the performance option in 1910.1024(d)(2).

  • Objective data may reduce the amount of personal monitoring required if it reliably characterizes exposures for your specific processes and conditions.

Under 1910.1024(d)(2), what counts as an acceptable combination of data when using the performance option to assess exposure?

When using the performance option, an acceptable combination is any mix of air monitoring data and objective data that is sufficient to accurately characterize both the 8‑hour TWA exposure and 15‑minute short‑term exposure for each employee. See 1910.1024(d)(2).

  • The combination must be defensible: use representative personal air samples plus objective data that match or exceed your workplace exposure potential.

Under 1910.1024(e)(3), who is allowed to enter a regulated area for beryllium work?

Only three categories of people may enter a beryllium regulated area: employees the employer authorizes or requires to do the work, employee designated representatives observing exposure monitoring, and persons authorized by law. See 1910.1024(e)(3).

  • Employers must limit access to those groups and prevent others from entering the regulated area.
  • The right for employee representatives to observe monitoring is tied to 1910.1024(d)(7).

Under 1910.1024(e)(4), what personal protective equipment must an employer provide for employees entering a beryllium regulated area?

The employer must provide and ensure use of respiratory protection per the respiratory rules and personal protective clothing and equipment per the PPE rules when employees enter a regulated area. See 1910.1024(e)(4)(i) and 1910.1024(e)(4)(ii).

Under 1910.1024(f)(1)(i), what must a written beryllium exposure control plan include?

A written exposure control plan must list jobs and operations with potential airborne or dermal beryllium exposure, list those at or above the action level and PEL/STEL, and include procedures and lists for controls, cleaning, and PPE handling. See 1910.1024(f)(1)(i).

Key required items include:

Under 1910.1024(f)(1)(ii), when must an employer review and update the written exposure control plan?

The employer must review the plan at least annually and update it when changes or events indicate new or additional airborne exposure could occur, or when medical actions or symptoms arise. See 1910.1024(f)(1)(ii).

Triggers for updating include:

  • Changes in processes, materials, equipment, personnel, or controls that can reasonably be expected to increase exposure (1910.1024(f)(1)(ii)(A)).
  • Notification that an employee is eligible for medical removal, referred for CBD evaluation, or shows symptoms associated with beryllium (1910.1024(f)(1)(ii)(B)).
  • Any reason to believe new or additional airborne exposure is occurring (1910.1024(f)(1)(ii)(C)).

Under 1910.1024(f)(1)(iii) and 1910.1020(e), how must an employer make the written exposure control plan accessible to employees?

The employer must 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, consistent with OSHA's records-access requirements. See 1910.1024(f)(1)(iii) and 1910.1020(e).

  • Accessibility can be physical (copy in the work area) or electronic if employees can readily access it.
  • The plan must be available during normal work hours and in a language/form employees can understand.

Under 1910.1024(f)(2)(i), must employers use engineering and work-practice controls to meet the beryllium PEL and STEL?

Yes — employers must use engineering and work-practice controls to reduce and maintain airborne beryllium exposure at or below the PEL and STEL unless they can demonstrate such controls are not feasible. See 1910.1024(f)(2)(i).

  • If controls alone cannot achieve the PEL/STEL, employers must implement all feasible controls and supplement with respiratory protection per 1910.1024(g).

Under 1910.1024(f)(2)(ii), what specific engineering or process controls must be in place for operations that release airborne beryllium?

For each operation that releases airborne beryllium, employers must ensure at least one of these controls is in place: substitution, isolation (enclosures), local exhaust ventilation, or process controls such as wet methods or automation. See 1910.1024(f)(2)(ii).

Under 1910.1024(f)(2)(iii), when can an employer be exempt from using the listed controls for beryllium operations?

An employer can be exempt from those listed controls only if they show the controls are not feasible or if they demonstrate airborne exposure is below the action level using at least two representative personal breathing zone samples taken at least seven days apart for each affected operation. See 1910.1024(f)(2)(iii).

Under 1910.1024(f)(3), can employers rotate employees between jobs to meet the beryllium PELs?

No — employers must not rotate employees to different jobs as a method to achieve compliance with the PELs. See 1910.1024(f)(3).

  • Employers must control exposures by engineering, work practice controls, and respiratory protection, not by rotating workers into higher-exposure tasks.

Under 1910.1024(g)(1) and 1910.134, when must employers provide respiratory protection for beryllium exposures and what standard governs selection?

Employers must provide respiratory protection when exposures exceed or can reasonably be expected to exceed the TWA PEL or STEL during implementation of controls, during non-routine tasks or when controls are not enough; respirator selection and program must follow [1910.134]. See 1910.1024(g)(1) and 1910.134.

  • Situations requiring respirators include installation of controls, maintenance and repair, emergencies, and when an employee eligible for medical removal chooses to stay in the job (1910.1024(g)(1)(i)-(v)).

Under 1910.1024(g)(3), when must an employer provide a PAPR instead of a negative-pressure respirator?

The employer must provide a powered air-purifying respirator (PAPR) at no cost when respiratory protection is required, an employee requests a PAPR, and the PAPR provides adequate protection per the respiratory program. See 1910.1024(g)(3).

Under 1910.1024(h)(1)-(2), what are the requirements for providing, removing, and storing beryllium-contaminated personal protective clothing and equipment?

The employer must provide appropriate PPE at no cost where airborne exposure exceeds the TWA PEL/STEL or where dermal contact is reasonably expected, and ensure employees remove contaminated PPE at shift end, after tasks, or when visibly contaminated and store it separately to prevent cross-contamination. See 1910.1024(h)(1) and 1910.1024(h)(2).

  • Employees may not remove contaminated PPE from the workplace except authorized personnel for laundering/maintenance/disposal (1910.1024(h)(2)(iv)).
  • Storage must prevent cross-contamination as defined in the written exposure control plan (1910.1024(h)(2)(iii)).

Under 1910.1024(h)(2)(v) and 1910.1024(m)(3), how must employers transport and label PPE sent off-site for laundering or disposal?

When PPE is removed from the workplace for laundering, cleaning, maintenance, or disposal, the employer must store and transport it in sealed impermeable bags or closed containers and label them per paragraph (m)(3) and the Hazard Communication standard. See 1910.1024(h)(2)(v) and refer to 1910.1200 for HCS labeling requirements.

  • The sealed containers must be impermeable to prevent release of beryllium dust during transport.
  • Employers must ensure outside laundry/repair services are informed in writing of the hazards and handling requirements per 1910.1024(h)(3)(iii).

Under 1910.1024(h)(3)(ii)-(iii), how must reusable beryllium-contaminated PPE be cleaned and what must be communicated to external laundry services?

Reusable beryllium-contaminated PPE must be cleaned, laundered, repaired, and replaced as needed to maintain effectiveness, and must not be cleaned by blowing, shaking, or other means that disperse beryllium into the air; employers must inform external cleaners in writing of the hazard and handling requirements. See 1910.1024(h)(3)(i)-(iii).

  • Prohibited cleaning methods include blowing and shaking that create airborne contamination (1910.1024(h)(3)(ii)).
  • Written notice to laundry/repair entities must explain the potentially harmful effects of beryllium and handling rules (1910.1024(h)(3)(iii)).

Under 1910.1024(i)(1)-(2), what hygiene facilities and practices must employers provide for employees who work with beryllium or may have dermal contact?

Employers must provide readily accessible washing facilities to remove beryllium from hands, face, and neck, require washing after dermal contact before eating or other personal activities, and provide designated change rooms when employees must remove personal clothing for PPE use. See 1910.1024(i)(1) and 1910.1024(i)(2).

  • Washing must occur at the end of the activity, process, or shift and before eating, smoking, applying cosmetics, or using the toilet (1910.1024(i)(1)(ii)).
  • Change rooms must meet the Sanitation standard ([1910.141]) as referenced in 1910.1024(i)(2).

Under 1910.1024(i)(3)(i), when must an employer provide showers for workers exposed to beryllium?

Employers must provide showers when airborne beryllium exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL and an employee’s hair or body parts other than hands, face, and neck can reasonably be expected to become contaminated. See 1910.1024(i)(3)(i).

  • Showers must meet the Sanitation standard requirements in 1910.141.
  • This requirement is triggered by the combination of expected airborne over‑exposure and likely contamination of hair or body areas beyond hands, face, and neck.

Under 1910.1024(i)(3)(ii), when must an employer ensure employees actually shower at the end of a shift or work activity?

Employers must ensure employees shower at the end of the work shift or work activity if the employee reasonably could have had airborne exposure above the TWA PEL or STEL and the employee’s hair or body parts other than hands, face, and neck could reasonably have become contaminated with beryllium. See 1910.1024(i)(3)(ii).

  • The obligation is conditional: both potential over‑exposure and likely contamination must be present for the employer to require end‑of‑shift showers.
  • If required, the employer must provide showers in accordance with the Sanitation standard at 1910.141.

Under 1910.1024(i)(4), what must an employer do if employees are allowed to eat or drink where beryllium is present?

If employees are allowed to eat or drink where beryllium is present, the employer must keep eating and drinking area surfaces as free as practicable of beryllium, prevent entry with contaminated protective clothing or equipment unless it has been cleaned without dispersing beryllium, and provide eating/drinking facilities that meet sanitation requirements. See 1910.1024(i)(4).

  • Surfaces in eating areas must be cleaned so they are as free as practicable of beryllium (1910.1024(i)(4)(i)).
  • Contaminated personal protective clothing or equipment may not be brought into eating areas unless cleaned by methods that do not disperse beryllium (1910.1024(i)(4)(ii)).
  • Employer‑provided eating facilities must comply with the Sanitation standard at 1910.141 (1910.1024(i)(4)(iii)).

Under 1910.1024(i)(5), what activities are prohibited in regulated areas where beryllium exposure is controlled?

In regulated areas, employers must ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics. See 1910.1024(i)(5).

  • These prohibitions are intended to prevent ingestion, mucosal contact, and other routes that could increase beryllium uptake.
  • Employers should communicate these prohibitions in training and by posting signs or rules for regulated areas.

Under 1910.1024(j)(2), what cleaning methods must employers use in beryllium work areas and regulated areas?

Employers must clean surfaces in beryllium work areas and regulated areas by HEPA‑filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure. See 1910.1024(j)(2).

  • Dry sweeping or brushing is not allowed unless HEPA vacuuming or other safer methods are not safe or effective (1910.1024(j)(2)(ii)).
  • Compressed air may not be used unless it is combined with a ventilation system designed to capture the particulates generated (1910.1024(j)(2)(iii)).
  • If less‑preferred methods (dry sweeping, brushing, compressed air) are used, employers must provide respiratory protection and protective clothing per 1910.1024(g) and 1910.1024(h) (1910.1024(j)(2)(iv)).

Can an employer use dry sweeping or compressed air to clean beryllium‑contaminated surfaces?

Dry sweeping or compressed air may only be used in limited circumstances: dry sweeping or brushing is prohibited unless HEPA‑filtered vacuuming or other methods that minimize airborne exposure are not safe or effective, and compressed air is allowed only if used with a ventilation system that captures the particulates. See 1910.1024(j)(2)(ii) and 1910.1024(j)(2)(iii).

  • If employers resort to these methods, they must provide respiratory protection and personal protective clothing and equipment in accordance with 1910.1024(g) and 1910.1024(h) (1910.1024(j)(2)(iv)).
  • Employers should document why HEPA vacuuming or other safer methods are not safe or effective before using dry methods.

Under 1910.1024(j)(2)(v), how must employers handle and maintain cleaning equipment used on beryllium contamination?

Employers must handle and maintain cleaning equipment so as to minimize airborne exposure and the re‑entrainment of beryllium in the workplace. See 1910.1024(j)(2)(v).

  • Examples include using HEPA‑filtered vacuums designed for hazardous particulates, following manufacturer maintenance schedules, emptying and changing filters in controlled ways that prevent dispersal, and storing used filters or waste in sealed containers.
  • Training employees who operate and maintain cleaning equipment is essential to prevent accidental releases.

Under 1910.1024(j)(3), what must employers do when transferring, disposing, recycling, or reusing materials that contain or are contaminated with beryllium?

Except for intra‑plant transfers, employers must label materials that contain at least 0.1 percent beryllium by weight or are contaminated with beryllium, and they must clean such materials to be as free as practicable of beryllium or place them in enclosures that prevent release during storage, transport, recycling, or disposal. See 1910.1024(j)(3)(i)–(iii).

  • Labeling must follow the requirements in 1910.1024(m)(3).
  • Materials for disposal must be cleaned or placed in bags/containers that prevent release under normal use, storage, or transport (1910.1024(j)(3)(ii)).
  • These rules help protect downstream workers (transporters, recyclers, waste handlers) from unexpected beryllium exposure.

Under 1910.1024(k)(1), who must be offered medical surveillance for beryllium exposure and who pays for it?

Employers must make medical surveillance available at no cost and at a reasonable time and place to employees who meet any of the criteria in 1910.1024(k)(1)(i), including those exposed at or above the action level for more than 30 days/year, those showing signs or symptoms of beryllium‑related effects, those exposed during an emergency, or those whose written medical opinion recommends periodic surveillance. See 1910.1024(k)(1).

  • All required medical examinations and procedures must be performed by or under the direction of a licensed physician (1910.1024(k)(1)(ii)).
  • The employer pays for the surveillance and must provide it at a reasonable time and place so employees can participate without undue burden.

Under 1910.1024(k)(2) and (k)(3), what is the timing and content of the medical examinations employers must offer for beryllium‑exposed employees?

Employers must provide an initial medical examination within 30 days after determining an employee meets surveillance criteria (or sooner if symptomatic), repeat exams at least every two years for continuing eligibles, and a termination exam when required; the exam must include history, respiratory and skin exams, pulmonary function tests, and a standardized BeLPT at first exam and at least every two years thereafter unless confirmed positive. See 1910.1024(k)(2) and 1910.1024(k)(3)(ii)(A)–(E).

  • Pulmonary function testing must follow American Thoracic Society guidelines (FVC and FEV1) (1910.1024(k)(3)(ii)(D)).
  • The BeLPT must be performed initially and at least every two years unless the employee is confirmed positive; follow‑up BeLPT must be offered within 30 days if results are other than normal (1910.1024(k)(3)(ii)(E)).
  • Samples for the BeLPT must be analyzed in a laboratory certified under CLIA/College of American Pathologists as required by 1910.1024(k)(3)(ii)(F).

Under 1910.1024(k)(2)(iv), what medical exams are required after an employee is exposed to beryllium during an emergency?

An employee who was exposed to beryllium during an emergency and has not received an examination since the exposure must be provided a medical examination at termination of employment. Additionally, such employees must receive an exam within 30 days if they have not had one in the past two years, or between one and two years if they had a recent exam, per [1910.1024(k)(2)(iv)(A)–(B)]. See 1910.1024(k)(2)(iv).

  • In practice: if an employee is emergency‑exposed and has not had a surveillance exam in the previous two years, the employer must provide an exam within 30 days; if they had an exam within the previous two years, provide another between one and two years after the emergency exposure.
  • This ensures medical follow‑up for potentially acute or delayed beryllium health effects.

Under 1910.1024(j)(1), what housekeeping duties does the employer have for beryllium work areas and spills?

Employers must maintain all surfaces in beryllium work areas and regulated areas as free as practicable of beryllium and must ensure that all spills and emergency releases are cleaned up promptly in accordance with the written exposure control plan and approved cleaning methods. See 1910.1024(j)(1) and 1910.1024(j)(1)(ii).

  • The written exposure control plan required under 1910.1024(f)(1) must specify cleaning methods and spill procedures.
  • Use HEPA‑filtered vacuuming or other methods that minimize airborne exposure, and follow PPE and engineering controls when cleaning spills (1910.1024(j)(2)).

Under 1910.1024(k)(4), what information must my employer give to the examining PLHCP (or agreed CBD diagnostic center) before a beryllium medical evaluation?

Under 1910.1024(k)(4) the employer must give the examining PLHCP (and the agreed-upon CBD diagnostic center, if applicable) a copy of the beryllium standard and the specific job- and exposure-related information listed in the rule. Employers must also provide any employment-related medical exam records they control, but only after getting the employee’s written consent. See 1910.1024(k)(4).

Key items the employer must provide (if known) include:

  • A copy of the standard to the examining PLHCP or the CBD diagnostic center (so the clinician knows the regulatory context). See 1910.1024(k).
  • A description of the employee’s former and current duties that relate to airborne exposure and dermal contact with beryllium (1910.1024(k)(4)(i)).
  • The employee’s former and current levels of airborne exposure to beryllium (1910.1024(k)(4)(ii)).
  • A description of any personal protective clothing and equipment (including respirators), and when/how long the employee used them (1910.1024(k)(4)(iii)).
  • Information from records of employment-related medical examinations previously provided to the employee that are currently under the employer’s control, but only after the employer obtains the employee’s written consent (1910.1024(k)(4)(iv)).

Why this matters: giving the PLHCP or CBD center complete exposure and PPE histories helps the clinician interpret tests (for example, the BeLPT) and decide whether further evaluation or referral is needed.

Under 1910.1024(k)(5) and 1910.1024(k)(6), what must the written medical report to the employee and the written medical opinion to the employer contain, and what are the deadlines for delivering them?

The employer must ensure the employee receives the licensed physician’s written medical report within 45 days of the exam, and the employer must obtain the PLHCP’s written medical opinion for the employer within 45 days as well. See 1910.1024(k)(5) and 1910.1024(k)(6).

What the employee’s written medical report must include (per 1910.1024(k)(5)):

  • A statement of the examination results and the physician’s opinion about any detected medical condition (for example, confirmed beryllium sensitization or CBD) that may increase risk from further airborne exposure (1910.1024(k)(5)(i)).
  • Any medical conditions related to airborne exposure that require further evaluation or treatment (1910.1024(k)(5)(i)(B)).
  • Any recommendations on respirator or protective clothing/equipment use, or limitations on airborne exposure (1910.1024(k)(5)(ii)(A)-(B)).
  • If the employee is confirmed positive or diagnosed with CBD (or the physician deems it appropriate), a referral for evaluation at a CBD diagnostic center, recommendation for continued surveillance, and recommendation for medical removal when applicable (1910.1024(k)(5)(iii)-(v)).
  • The PLHCP must also explain the exam results to the employee and provide the report within 45 days (1910.1024(k)(5)).

What the written medical opinion to the employer may contain (limited by 1910.1024(k)(6)):

  • Only the date of the exam and a statement that the exam met the standard’s requirements (1910.1024(k)(6)(i)(A)-(B)).
  • Any recommended limitations on the employee’s use of respirators or protective clothing/equipment, and a statement that the PLHCP explained results to the employee (1910.1024(k)(6)(i)(C)-(D)).
  • The PLHCP may include additional information—such as recommended limitations on airborne exposure, referrals to a CBD diagnostic center, recommendations for continued surveillance, or medical removal—only if the employee provides written authorization to release that information to the employer (1910.1024(k)(6)(ii)-(v)).

Additional timing for CBD diagnostic centers: if a referral to a CBD diagnostic center is made, the employer must provide the CBD evaluation at no cost and schedule it within 30 days of receipt of the referral recommendation or written report, and the CBD center must issue its written report within 30 days of the exam (1910.1024(k)(7)).

In short: provide the employee report and explain results within 45 days; give the employer the limited written opinion within 45 days; and follow the faster 30-day timelines when a CBD diagnostic center evaluation is involved.