The resolution passed the House of Representatives on March 1, 2017 and adopted by the Senate under the Congressional Review Act, nullifies the rule. The resolution will now head to President Donald Trump to sign, who has indicated he will sign the resolution
ISRI members will have some additional time to comply with
the new beryllium rule.
OSHA has decided to delay the effective date of its
beryllium rule from March 21, 2017 to May 20, 2017.
The additional 60 days is in line with a White House memo,
“Regulatory Freeze Pending Review,” issued Jan. 20, 2017. The memo directs
federal agencies to review any new or pending regulations and temporarily
postpone their effective dates.
The delay will allow OSHA to further review and consider the
OSHA published the final beryllium rule on Jan. 9, 2017.
Employers have one year from the effective date to implement
most of the standard’s provisions. Some exceptions: Change room and shower
requirements begin two years after the effective date; engineering control
requirements begin three years after the effective date.
The rule reduces the eight-hour permissible exposure limit
from the previous 2.0 micrograms per
cubic meter (µg/m³) to 0.2 µg/m³. The rule also establishes a
short-term exposure limit of
2.0 µg/m³ over a 15-minute sampling period. The previous exposure limit
for beryllium was established 40 years ago.
The new rule also faces a court challenge. Materion Corp., the U.S.’s largest producer
of beryllium, has filed a petition in federal court seeking review of the new
standard. Two other companies have filed similar petitions.
Record Act and OSHA
The Congressional Review Act gives Congress the ability to
overturn agency rules adopted in the previous 60 legislative days, meaning the
legislature can review past administration regulations submitted to Congress as
far back as mid-June 2016 when factoring in Congressional recesses. OSHA rules
that fall within the review window include the beryllium rule, which the Trump
administration has already proposed delaying till May 20, 2017, and the slips,
trips and falls rule.
However, that window does not stretch back far enough to
include more controversial regulations such as OSHA’s silica and the electronic
record-keeping rules although both regulations are facing legal challenges that
could impact their future.
ISRI Safety Staff will continue to monitor OSHA regulatory
activities and provide information to the membership as it becomes available.