Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1024).

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).

Effective Date: February 22, 2019.

Agency Contact: Jay Withrow, Director, Legal Support, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-9873, FAX (804) 786-8418, or email jay.withrow@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration (OSHA) adopted clarifying amendments to address the application of the comprehensive general industry standard for beryllium and beryllium compounds exposure to materials containing trace amounts of beryllium. The direct final rule (i) amends the definition of "beryllium work area" and "emergency"; (ii) adds definitions for "contaminated with beryllium and beryllium-contaminated," and "dermal contact with beryllium"; (iii) clarifies the provision for disposal and recycling; and (iv) clarifies the provisions that apply only where skin can be exposed to materials containing at least 0.1% beryllium by weight.

In this regulatory action, the Safety and Health Codes Board is adopting this final rule.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, this document will not be printed in the Virginia Register of Regulations. A copy of this document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On November 8, 2018, the Safety and Health Codes Board adopted federal OSHA's Revising the Beryllium Standard for General Industry direct final rule, as published in 83 FR 19936 through 83 FR 19949 on May 7, 2018. OSHA confirmed the effective date of the final rule in 83 FR 31045 through 83 FR 31046 on July 3, 2018. The board established an effective date of February 22, 2019.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: