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OSHA 1926.1124

Beryllium scope and definitions

Subpart Z

50 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.1124(a)(1) — What workplaces and beryllium forms does the construction beryllium standard cover?

This standard covers occupational exposure to beryllium in all forms, compounds, and mixtures in the construction industry except where specifically exempted. See 1926.1124(a)(1).

  • The scope explicitly applies to construction activities involving beryllium in any form.
  • Exemptions are set out in 1926.1124(a)(2) and 1926.1124(a)(3).

(Reference: 1926.1124(a)(1).)

Under 1926.1124(a)(2) — When does the beryllium standard not apply to an "article" that contains beryllium?

The beryllium standard does not apply to an article containing beryllium if the article is as defined in the Hazard Communication standard and the employer does not process that article. See 1926.1124(a)(2).

  • "Article" is a term defined under the Hazard Communication standard at 1910.1200(c).
  • If the employer merely uses the article without processing it (no cutting, grinding, machining, etc.), the construction beryllium standard does not apply to that article under paragraph (a)(2).

(References: 1926.1124(a)(2); 1910.1200(c).)

Under 1926.1124(a)(3) — When are materials containing beryllium exempt because of low content?

Materials with 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 any foreseeable conditions. See 1926.1124(a)(3).

  • "Objective data" must demonstrate exposures for the employer’s specific processes, tasks, controls, and conditions (see the definition in the standard).
  • If the employer cannot demonstrate exposures are below the action level under foreseeable conditions, the exemption does not apply.

(Reference: 1926.1124(a)(3).)

Under 1926.1124(b) — What is the numerical action level for beryllium and how is it calculated?

The action level for airborne beryllium is 0.1 micrograms per cubic meter (µg/m3) calculated as an 8‑hour time‑weighted average (TWA). See the definition of "Action level" in 1926.1124(b).

  • The action level is used to trigger monitoring, medical surveillance, and other requirements in the standard.

(Reference: 1926.1124(b).)

Under 1926.1124(b) — What does "airborne exposure to beryllium" mean for compliance monitoring?

"Airborne exposure to beryllium" means the exposure that would occur if the employee were not using a respirator — i.e., measured or represented without respiratory protection. See the definition in 1926.1124(b).

  • Compliance measurements and decisions (monitoring, PEL comparisons, action-level triggers) must be based on exposures without respirators.

(Reference: 1926.1124(b).)

Under 1926.1124(b) — What is a BeLPT and why is it included in the definitions?

A BeLPT (Beryllium lymphocyte proliferation test) is a blood lab test that measures lymphocyte proliferation when challenged with a soluble beryllium salt; it is included because it helps identify beryllium sensitization. See the definition in 1926.1124(b).

  • BeLPT results are used in medical surveillance to detect sensitization before clinical disease (CBD) develops.

(Reference: 1926.1124(b).)

Under 1926.1124(b) and (c) — What is chronic beryllium disease (CBD) and what facility capabilities are required for a CBD diagnostic center?

Chronic beryllium disease (CBD) is a chronic granulomatous lung disease caused by inhalation of airborne beryllium in a beryllium‑sensitized person, and a CBD diagnostic center must be staffed by a pulmonologist or pulmonary specialist and have on-site capacity for pulmonary function testing, bronchoalveolar lavage (BAL), and transbronchial biopsy, with the ability to transfer BAL samples for testing within 24 hours. See the definitions and diagnostic center requirements in 1926.1124(b) and the CBD diagnostic center description in the same section.

  • The pulmonologist must be able to interpret biopsy pathology and BAL diagnostic results.

(Reference: 1926.1124(b).)

Under 1926.1124(b) and (e) — What is a "competent person" for beryllium work and what responsibilities must they have?

A "competent person" is someone who can identify existing and foreseeable beryllium hazards and has the authority to take prompt corrective actions; they must have the knowledge, ability, and authority to carry out the duties listed in paragraph (e). See the definition in 1926.1124(b) and the duties in 1926.1124(e).

  • Duties include making frequent and regular inspections, implementing the written exposure control plan, ensuring respiratory protection per 1926.1124(e)(3), and ensuring use of personal protective clothing per 1926.1124(e)(4).

(References: 1926.1124(b); 1926.1124(e).)

Under 1926.1124(c)(1) and (c)(2) — What are the PEL (TWA) and STEL limits for airborne beryllium in construction?

The TWA PEL for airborne beryllium is 0.2 µg/m3 as an 8‑hour TWA, and the STEL is 2.0 µg/m3 over a 15‑minute sampling period. See 1926.1124(c)(1) and 1926.1124(c)(2).

  • Employers must ensure no employee is exposed above these limits.

(References: 1926.1124(c)(1); 1926.1124(c)(2).)

Under 1926.1124(d)(1)-(3) — When must an employer assess airborne beryllium exposure and what monitoring options are allowed?

The employer must assess airborne exposure for each employee who is or may reasonably be expected to be exposed, using either the performance option (combination of air monitoring and objective data) or the scheduled monitoring option (initial and follow‑up personal breathing zone sampling). See 1926.1124(d)(1)–(3).

  • Performance option: use any combination of monitoring and objective data to characterize 8‑hour TWA and 15‑minute short‑term exposures (1926.1124(d)(2)).
  • Scheduled monitoring: perform initial personal breathing zone samples for each shift, job classification, and work area, and 15‑minute samples where operations may exceed the STEL (1926.1124(d)(3)(i)–(ii)).

(Reference: 1926.1124(d).)

Under 1926.1124(d)(3)(i) — What are the initial monitoring sample requirements for 8‑hour TWA exposure?

Initial monitoring to assess 8‑hour TWA exposure must use one or more personal breathing zone air samples that reflect employee exposure on each shift, for each job classification, and in each work area. See 1926.1124(d)(3)(i).

  • Samples must be personal breathing zone samples (not only area samples) and represent the employees’ typical exposures.

(Reference: 1926.1124(d)(3)(i).)

Under 1926.1124(d)(3)(ii) — When must initial short‑term (15‑minute) monitoring be performed?

Initial 15‑minute personal breathing zone monitoring must be performed for operations likely to produce airborne exposures above the STEL for each work shift, job classification, and work area. See 1926.1124(d)(3)(ii).

  • The employer must identify tasks that may exceed the STEL and sample accordingly.

(Reference: 1926.1124(d)(3)(ii).)

Under 1926.1124(d)(3)(iii) — Can employers sample only a representative fraction of employees who do the same tasks?

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, but must sample those expected to have the highest airborne exposure. See 1926.1124(d)(3)(iii).

  • Representative sampling is allowed to meet monitoring requirements, but it must capture the employees with the greatest expected exposure.

(Reference: 1926.1124(d)(3)(iii).)

Under 1926.1124(d)(3)(iv)-(vi) — When may monitoring be discontinued or must be repeated, and at what intervals?

If initial monitoring shows exposure is below the action level and at or below the STEL, the employer may discontinue monitoring for those represented employees; if monitoring shows exposure at or above the action level but at or below the TWA PEL, repeat monitoring must occur within six months; if above the TWA PEL, repeat monitoring must occur within three months. See 1926.1124(d)(3)(iv)–(vi).

  • Discontinue monitoring: allowed only when results are below the action level and at or below the STEL (1926.1124(d)(3)(iv)).
  • Repeat within six months: when exposure is ≥ action level but ≤ TWA PEL (1926.1124(d)(3)(v)).
  • Repeat within three months: when exposure is above the TWA PEL (1926.1124(d)(3)(vi)).

(Reference: 1926.1124(d)(3)(iv)–(vi).)

Under 1926.1124(d)(3)(vii)-(viii) and (d)(4) — What are the rules for repeating monitoring until consecutive measurements are below limits and when must exposure be reassessed?

Employers must repeat monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level (for TWA) or below the STEL (for short‑term), at which point monitoring may be discontinued except as provided in (d)(4); employers must reassess exposure whenever changes could reasonably be expected to increase exposures at or above the action level or STEL or whenever they believe such exposures have occurred. See 1926.1124(d)(3)(vii)–(viii) and 1926.1124(d)(4).

  • Two consecutive measurements rule: provides a way to stop repeated monitoring when exposures are consistently low.
  • Reassessment triggers: changes in production, process, controls, personnel, work practices, or any reason to believe exposures have increased (1926.1124(d)(4)).

(References: 1926.1124(d)(3)(vii)–(viii); 1926.1124(d)(4).)

Under 1926.1124(d)(5) — What laboratory performance is required for beryllium air sample analysis?

Air monitoring samples must be evaluated by a laboratory that can measure beryllium to an accuracy of plus or minus 25% within a 95% statistical confidence level for airborne concentrations at or above the action level. See 1926.1124(d)(5).

  • Employers should verify the lab's capability and documentation that it meets the stated accuracy and confidence requirements.

(Reference: 1926.1124(d)(5).)

Under 1926.1124(d)(6) — When and how must employees be notified of exposure assessment results?

Employers 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 results show exposure above the TWA PEL or STEL, the notification must describe corrective actions being taken. See 1926.1124(d)(6)(i)–(ii).

  • Notification timeline: within 15 working days of completing the assessment (1926.1124(d)(6)(i)).
  • If PEL/STEL exceeded: include description of corrective action where feasible and not yet implemented when monitoring occurred (1926.1124(d)(6)(ii)).

(Reference: 1926.1124(d)(6)).)

Under 1926.1124(d)(7) — What rights do employees and their representatives have regarding observation of monitoring?

Employees whose exposure is measured or represented and their representatives must be given an opportunity to observe any required exposure monitoring; if observation requires entry into areas requiring PPE, the employer must provide appropriate personal protective clothing and equipment at no cost and ensure observers follow safety procedures. See 1926.1124(d)(7)(i)–(iii).

(Reference: 1926.1124(d)(7).)

Under 1926.1124(f)(1)(i) — What must a written exposure control plan for beryllium include?

A written exposure control plan must be established, implemented, and maintained and must include items such as a list of operations/job titles expected to involve beryllium exposure, required engineering controls/work practices/respiratory protection, required personal protective clothing and equipment, procedures to restrict access when exposures may exceed limits, procedures to ensure containment integrity, and procedures for removing/cleaning/maintaining protective clothing and equipment. See 1926.1124(f)(1)(i)(A)–(F).

  • The plan must be site‑specific and practical for the listed operations.

(Reference: 1926.1124(f)(1)(i).)

Under 1926.1124(f)(1)(ii) — How often must the written exposure control plan be reviewed and when must it be updated?

The employer must review and evaluate the effectiveness of each written exposure control plan at least annually and update it when changes in processes, materials, equipment, personnel, work practices, or control methods could reasonably be expected to result in new or additional airborne exposures, when an employee is eligible for medical removal or referred for CBD diagnostic evaluation, or when the employer believes new or additional airborne exposure is occurring. See 1926.1124(f)(1)(ii)(A)–(C).

  • Annual review is mandatory; updates triggered by specific changes or medical notifications.

(Reference: 1926.1124(f)(1)(ii).)

Under 1926.1124(f)(1)(i)(D)-(E) — What must the exposure control plan say about restricting access and containment integrity?

The plan must describe procedures used to restrict access to work areas when airborne exposures are, or can reasonably be expected to be, above the TWA PEL or STEL (including exposures generated by others), and procedures to ensure the integrity of each containment used to minimize exposures to employees outside the containment. See 1926.1124(f)(1)(i)(D)–(E).

  • Restricting access should minimize the number of employees exposed and their exposure levels.
  • Containment integrity procedures must prevent migration of beryllium to non‑exposed areas.

(Reference: 1926.1124(f)(1)(i)(D)–(E).)

Under 1926.1124(f)(1)(i)(F) — What must the plan include about cleaning and maintaining personal protective clothing and equipment?

The exposure control plan must include procedures for removing, cleaning, and maintaining personal protective clothing and equipment in accordance with paragraph (h) of the standard. See 1926.1124(f)(1)(i)(F).

  • The plan should ensure contaminated clothing and equipment are handled and cleaned to prevent beryllium re‑exposure.

(Reference: 1926.1124(f)(1)(i)(F).)

Under 1926.1124(d)(2) and the objective data definition — What qualifies as acceptable objective data to substitute for air monitoring?

Acceptable objective data are information (for example, industry air monitoring or calculations based on material composition) demonstrating airborne exposure to beryllium associated with a particular product, material, or task; the data must reflect workplace conditions that closely resemble or have higher potential exposures than the employer’s current operations. See the definition of "Objective data" and 1926.1124(d)(2).

  • Objective data must be specific to the product/process and comparable or more conservative than the employer’s conditions.
  • Employers using objective data must ensure it accurately characterizes 8‑hour TWA and 15‑minute exposures as required under the performance option.

(References: Objective data definition in 1926.1124; 1926.1124(d)(2).)

Under 1926.1124(d)(6)(ii) — What must the employer include in employee notifications when monitoring shows exposures above the TWA PEL or STEL?

When an exposure assessment indicates airborne exposure is above the TWA PEL or STEL, the employer must include in the written notification the corrective action being taken to reduce airborne exposure to or below the exceeded exposure limit(s) where feasible corrective action exists but had not been implemented when the monitoring was conducted. See 1926.1124(d)(6)(ii).

  • Notifications must be timely (within 15 working days) and describe planned or ongoing corrective measures.

(Reference: 1926.1124(d)(6)(ii).)

Under 1926.1124(e) — When must an employer designate a competent person for beryllium hazards?

Whenever employees are, or can reasonably be expected to be, exposed to airborne beryllium at levels above the TWA PEL or STEL, the employer must designate a competent person to perform the duties listed in paragraph (e). See 1926.1124(e).

  • The competent person must make frequent inspections, implement the exposure control plan, and ensure respiratory protection and PPE use per paragraphs (e)(1)–(4).

(Reference: 1926.1124(e).)

Under 1926.1124(f)(1)(ii)(B) — When must the exposure control plan be updated based on medical findings?

The plan must be updated when the employer is notified that an employee is eligible for medical removal under paragraph (l)(1) of the standard, is referred for evaluation at a CBD diagnostic center, or shows signs or symptoms associated with beryllium exposure. See 1926.1124(f)(1)(ii)(B).

  • Medical findings that indicate increased risk require employers to reevaluate and, if necessary, revise controls and procedures.

(Reference: 1926.1124(f)(1)(ii)(B).)

Under 1926.1124(d) and (f) — If workplace processes change, what actions must the employer take regarding monitoring and the exposure control plan?

The employer must reassess airborne exposure whenever changes in production, process, control equipment, personnel, or work practices may reasonably be expected to increase exposures at or above the action level or STEL, and must review and update the written exposure control plan when such changes occur. See 1926.1124(d)(4) and 1926.1124(f)(1)(ii)(A).

  • Reassessment includes additional monitoring if needed; plan updates ensure controls remain effective.

(References: 1926.1124(d)(4); 1926.1124(f)(1)(ii)(A).)

Under 1926.1124(b) — What does "Confirmed positive" mean for BeLPT results?

"Confirmed positive" means a person has had two abnormal BeLPT test results, an abnormal and a borderline result, or three borderline results from tests conducted within a 3‑year period, or a result from a more reliable test indicating beryllium sensitization. See the definition of "Confirmed positive" in 1926.1124(b).

  • A confirmed positive identifies individuals who are beryllium‑sensitized and may require medical follow‑up per the standard.

(Reference: 1926.1124(b).)

Under 1926.1124(f)(1)(iii), how must an employer make the written beryllium exposure control plan available to employees?

The employer must give each affected employee access to a copy of the written exposure control plan and do so in accordance with OSHA's Records Access rules. Employers must make the plan accessible to any employee who is, or can reasonably be expected to be, exposed to airborne beryllium, consistent with 1926.1124(f)(1)(iii) and OSHA's Access to Employee Exposure and Medical Records requirement at 29 CFR 1910.1020(e).

  • Make the plan available at the workplace (paper or electronic) where exposed employees can readily obtain it.
  • Follow the access procedures and confidentiality requirements in 29 CFR 1910.1020(e).

Under 1926.1124(f)(2), when must an employer use engineering and work practice controls for beryllium exposure?

The employer must use engineering and work practice controls whenever they can reduce airborne beryllium exposures to or below the TWA PEL and STEL. If controls cannot bring exposures to or below those limits, the employer still must implement controls to reduce exposure to the lowest feasible level and supplement them with respirators as required by 1926.1124(f)(2).

  • Start with feasible engineering controls (ventilation, enclosure, local exhaust) and safe work practices.
  • If exposures remain above limits after feasible controls, document why and use respirators per 1926.1124(g).

Under 1926.1124(f)(3), can an employer rotate employees between jobs to comply with the beryllium PELs?

No — the employer must not rotate employees to different jobs to achieve compliance with the PELs. 1926.1124(f)(3) explicitly prohibits using rotation as a means to meet exposure limits.

  • Use engineering controls, work practices, and, when required, respirators; do not rely on rotation as a compliance strategy.

Under 1926.1124(g)(1), when must an employer provide respiratory protection to employees working with beryllium?

The employer must provide respirators whenever airborne beryllium exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL in any of these situations: during installation of controls, for operations where controls are not feasible (including maintenance and non-routine tasks), when feasible controls are insufficient, and when an employee eligible for medical removal elects to remain in a job at or above the action level. See 1926.1124(g)(1).

  • Respirators must be supplied at no cost to employees (see 1926.1124(g)).

Under 1926.1124(g)(2), what standard must an employer follow when implementing a respiratory protection program for beryllium?

The employer must select and use respirators in accordance with OSHA's Respiratory Protection standard, 29 CFR 1910.134. 1926.1124(g)(2) requires that wherever respiratory protection is required by the beryllium standard, the program (selection, fit testing, training, maintenance, medical clearance, etc.) follow 29 CFR 1910.134.

  • Ensure medical evaluations, fit testing, training, and written procedures meet 1910.134.

Under 1926.1124(g)(3), when must an employer provide a powered air-purifying respirator (PAPR) instead of a negative-pressure respirator?

The employer must provide a PAPR at no cost when respiratory protection is required by the standard, the employee requests a PAPR, and the PAPR provides adequate protection per the respiratory protection rules. See 1926.1124(g)(3) and its subparts.

Under 1926.1124(h)(1)–(h)(2), when must employers provide personal protective clothing and equipment for beryllium, and who pays for it?

When airborne exposure equals or exceeds the TWA PEL or STEL, the employer must provide at no cost appropriate personal protective clothing and equipment and ensure employees use it. This requirement is in 1926.1124(h)(1) and (h)(2).

  • Provide PPE consistent with the written exposure control plan required by 1926.1124(f)(1).
  • Employers must not charge employees for required PPE.

Under 1926.1124(h)(2)(i)–(iii), what are the rules for removing personal protective clothing and equipment that may be contaminated with beryllium?

Employees who are required to wear beryllium PPE must remove it at the end of the shift or when finishing beryllium-related tasks, must not remove it in a way that disperses beryllium into the air, and must not take it out of the workplace unless it has been cleaned per the standard. See 1926.1124(h)(2)(i)–(iii).

  • Follow removal procedures in the written exposure control plan per 1926.1124(f)(1).
  • Do not shake, blow, or otherwise disperse beryllium when removing or cleaning PPE (1926.1124(h)(3)(ii)).

Under 1926.1124(h)(3)(ii), are employers allowed to blow or shake beryllium-contaminated clothing or equipment to clean it?

No — the employer must 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. See 1926.1124(h)(3)(ii).

  • Use wet cleaning, HEPA vacuums, or other cleaning methods specified in the written exposure control plan to avoid re-entrainment.

Under 1926.1124(j)(1)–(5), what housekeeping methods are prohibited or restricted for beryllium dust cleanup?

When cleaning up beryllium dust that causes or can reasonably be expected to cause airborne exposure above the TWA PEL or STEL, employers must use methods that minimize airborne exposure; they must not allow dry sweeping, brushing, or the use of compressed air if those methods increase airborne beryllium, except when safer methods are not safe or effective. See 1926.1124(j)(1)–(5).

  • If dry methods are used because no safer method is effective, provide respirators and PPE per 1926.1124(g) and 1926.1124(h).
  • Keep cleaning equipment maintained to minimize re-entrainment of beryllium.

Under 1926.1124(k)(1)(i)(A), who is entitled to medical surveillance for beryllium exposure?

Employees who are or are reasonably expected to be exposed at or above the action level for more than 30 days per year must be offered medical surveillance at no cost and at a reasonable time and place. This is required by 1926.1124(k)(1)(i)(A).

  • Medical surveillance must also be offered to employees who show signs or symptoms of beryllium-related health effects or whose PLHCP recommends periodic surveillance (1926.1124(k)(1)(i)(B)–(C)).

Under 1926.1124(k)(2), what is the timing and frequency for required medical examinations for beryllium-exposed employees?

The employer must provide a medical exam within 30 days after determining an employee meets the surveillance criteria (unless a compliant exam was done within the last two years), then at least every two years thereafter while the employee continues to meet the criteria, and at termination of employment if the employee met the criteria at termination. See 1926.1124(k)(2)(i)–(iii).

  • Keep records to track due dates and ensure exams are performed by or under the direction of a licensed physician per 1926.1124(k)(1)(ii).

Under 1926.1124(k)(3)(ii)(E) and (k)(3)(ii)(F), what laboratory and imaging requirements apply to medical surveillance for beryllium?

The employer must ensure the BeLPT (or equivalent) samples are analyzed by a laboratory certified under CLIA/College of American Pathologists and that a low-dose CT (LDCT) is offered when recommended by the PLHCP. See 1926.1124(k)(3)(ii)(E) and 1926.1124(k)(3)(ii)(F).

  • Initial BeLPT must be offered and repeated at least every two years unless confirmed positive; follow-up BeLPT must be offered within 30 days if results are abnormal (unless already confirmed positive) per 1926.1124(k)(3)(ii)(E).

Under 1926.1124(k)(3)(i)–(ii), what must the medical examination for beryllium surveillance include?

The PLHCP must offer an exam that includes medical and work history focused on beryllium exposure and respiratory/smoking history; a respiratory-focused physical exam; skin exam for rashes; pulmonary function tests (FVC and FEV1) per ATS guidelines; and a standardized BeLPT or equivalent on the first exam and at least every two years thereafter unless confirmed positive. See 1926.1124(k)(3)(ii)(A)–(E).

  • The PLHCP must also advise employees of risks/benefits and their right to opt out of parts of the exam per 1926.1124(k)(3)(i).

Under 1926.1124(k)(4) and (k)(5), what information must the employer give the PLHCP and what medical report must the employee receive?

The employer must give the PLHCP a copy of the beryllium standard and any known information about the employee's beryllium-related duties, exposure levels, PPE/respirator use (including duration), and prior employment medical records with the employee's written consent. The employee must receive a written medical report from the PLHCP within 45 days and the PLHCP must explain the results. See 1926.1124(k)(4) and 1926.1124(k)(5).

  • Providing accurate exposure and PPE history helps the PLHCP make appropriate recommendations for surveillance and care.

Under 1926.1124(j)(2)–(4), if an employer must use dry sweeping or compressed air to clean beryllium dust, what additional protections are required?

If dry sweeping, brushing, or compressed air are used because safer methods are not safe or effective, the employer must provide and ensure each employee uses respiratory protection and personal protective clothing and equipment in accordance with 1926.1124(g) and 1926.1124(h). See 1926.1124(j)(2)–(4).

  • Document why alternative methods were not effective and ensure PPE/respirators meet selection and program requirements in 29 CFR 1910.134.

Under 1926.1124(k)(2)(iii), is a terminating employee who met medical surveillance criteria entitled to a medical exam?

Yes — the employer must provide a medical examination at termination for any employee who meets the surveillance criteria at the time employment ends, unless the employee received an exam within the six months prior to termination. See 1926.1124(k)(2)(iii).

  • Ensure the exam is provided at no cost and at a reasonable time and place as required by 1926.1124(k)(1)(i).

Under 1926.1124(k)(5), what must the written medical report to the employee contain after a beryllium medical examination?

The written medical report to the employee must state the physician's findings, including any detected conditions and recommendations. Specifically, the report must:

  • Indicate any detected medical condition such as chronic beryllium disease (CBD) or beryllium sensitization (i.e., a confirmed positive) that may increase risk from further airborne exposure, and any medical conditions related to airborne exposure that need further evaluation or treatment (1926.1124(k)(5)(i)).
  • Contain any recommendations on use of respirators, protective clothing, or other equipment, or on limiting the employee's airborne exposure to beryllium (1926.1124(k)(5)(ii)).
  • If the employee is confirmed positive or diagnosed with CBD (or the physician deems it appropriate), include a referral for an evaluation at a CBD diagnostic center (1926.1124(k)(5)(iii)).
  • If the employee is confirmed positive or diagnosed with CBD, recommend continued periodic medical surveillance (1926.1124(k)(5)(iv)).
  • If the employee is confirmed positive or diagnosed with CBD, recommend medical removal from airborne exposure to beryllium as described in paragraph (l) (1926.1124(k)(5)(v)).

Employers and employees should treat this report as the employee’s clinical information; the employer will separately receive the limited written opinion required for the employer under paragraph (k)(6).

Under 1926.1124(k)(6), what written medical opinion must the employer obtain from the licensed physician, and when must the employer give the employee a copy?

The employer must obtain a written medical opinion from the licensed physician within 45 days of the medical exam, and must give each employee a copy of that opinion within 45 days. The physician's written opinion for the employer may contain only:

  • The date of the examination;
  • A statement that the exam met the requirements of the standard;
  • Any recommended limitations on the employee's use of respirators, protective clothing, or equipment; and
  • A statement that the PLHCP explained the exam results to the employee, including tests, any medical conditions needing further evaluation or treatment, and any special provisions for PPE (1926.1124(k)(6)(i)(A)–(D)).

If the employee provides written authorization, the physician's opinion may also include recommended limitations on airborne exposure and, when applicable, referrals for CBD diagnostic centers or recommendations for continued surveillance or medical removal (1926.1124(k)(6)(ii)–(v)). The employer must ensure timely delivery of the written opinion to the employee within the 45-day timeframe (1926.1124(k)(6)(vi)).

Under 1926.1124(k)(7), what must an employer do if a medical referral to a CBD diagnostic center is recommended?

If a referral to a CBD diagnostic center is recommended, the employer must provide and schedule a no-cost evaluation at a mutually agreed CBD diagnostic center and ensure prompt testing and reporting. Specifically:

  • The employer must schedule the evaluation within 30 days and ensure it occurs within a reasonable time after either the employer receives a physician's written opinion recommending referral or the employee presents a written medical report confirming a positive or CBD diagnosis or recommending referral (1926.1124(k)(7)(i)(A)–(B)).
  • The employer must ensure the examining physician at the CBD diagnostic center offers appropriate tests such as pulmonary function testing, bronchoalveolar lavage (BAL), and transbronchial biopsy when deemed appropriate (1926.1124(k)(7)(ii)). If any of those tests are unavailable at the center, they may be performed at another mutually agreed location (1926.1124(k)(7)(iii)).
  • The employer must ensure the employee receives a written medical report from the CBD diagnostic center that contains the information required in paragraphs (k)(5)(i), (ii), (iv), and (v) and that the PLHCP explains the results to the employee within 30 days of the examination (1926.1124(k)(7)(iii)–(iv)).
  • The employer must obtain a written medical opinion from the CBD diagnostic center within 30 days containing only the information allowed by paragraph (k)(6)(i), unless the employee provides written authorization to release more (1926.1124(k)(7)(iv)–(vi)).

These steps must be provided at no cost to the employee and the employee may choose to have subsequent eligible exams performed at a mutually agreed CBD center, with the employer covering those exams as well (1926.1124(k)(7)(vi)).

Under 1926.1124(l), when is an employee eligible for medical removal and what options and protections must the employer provide?

An employee is eligible for medical removal if they work in a job with airborne exposure at or above the action level and either present a qualifying written medical report or the employer receives a written medical opinion recommending removal. The employer must then offer the employee a choice of removal or continued work with respirators and must provide removal protections if removal is chosen. Details:

  • Eligibility: An employee working at or above the action level is eligible if they give the employer a written medical report showing a confirmed positive or CBD diagnosis, or a written report recommending removal, or if the employer receives a written medical opinion recommending removal (1926.1124(l)(1)(i)–(ii)).
  • Options: If eligible, the employer must offer the employee either (a) removal as described in paragraph (l)(3), or (b) remaining in the job with exposures at or above the action level provided the employer supplies and enforces respiratory protection that complies with paragraph (g) (1926.1124(l)(2)(i)–(ii)).
  • Removal protections: If the employee chooses removal and a comparable job with exposures below the action level is available (or can be obtained by training within one month), the employer must place the employee in that job and maintain base earnings, seniority, and benefits for six months from removal; if comparable work is not available, the employer must maintain those protections for six months or until comparable work becomes available, whichever is sooner (1926.1124(l)(3)(i)–(ii)).
  • Benefit reduction: The employer’s obligation for removal protection benefits is reduced to the extent the employee receives compensation from public or employer-funded programs or income from another employer made possible by the removal (1926.1124(l)(4)).

Follow these steps to ensure compliance and protect employees who are at increased medical risk from airborne beryllium.

Under 1926.1124(m)(2) and 1926.1124(n)(1), what training and air-monitoring recordkeeping must employers provide for employees with airborne beryllium exposure?

Employers must train exposed employees according to the Hazard Communication standard and keep complete air-monitoring records that are accessible under the Records Access standard. Key requirements:

  • Training: For each employee who has, or can reasonably be expected to have, airborne exposure to beryllium, the employer must provide information and training in accordance with the HCS, and initial training by the time of assignment with annual refresher training (1926.1124(m)(2)(i)(A)–(C)). Training must ensure the employee can demonstrate knowledge of hazards (including CBD signs and symptoms), the written exposure control plan, PPE selection/use, protective measures, the medical surveillance program and removal protections, the contents of the standard, and the right of access to records under 29 CFR 1910.1020 (1926.1124(m)(2)(ii)(A)–(H)). The HCS itself is found at 29 CFR 1910.1200 and the training-for-HCS provision at 29 CFR 1910.1200(h). Employers must also make a copy of this beryllium standard available to employees at no cost (1926.1124(m)(2)(iv)).
  • Air-monitoring records: Employers must make and keep records of all exposure measurements taken to assess airborne exposure under paragraph (d). Each record must include at least the date of measurement, the task monitored, sampling and analytical methods used and evidence of their accuracy, number/duration/results of samples, the type of PPE worn by monitored employees, and the name and job classification of each employee represented by the monitoring (1926.1124(n)(1)(i)–(ii)(A)–(F)).
  • Access to records: Exposure records must be maintained and made available in accordance with the Records Access standard at 29 CFR 1910.1020 (1926.1124(n)(1)(iii)).

Keeping clear training documentation and complete monitoring records helps ensure compliance and allows employees to exercise their rights to health and exposure information.