Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1000; adding 16VAC25-90-1910.1024; Appendix A to 16VAC25-90-1910.1024).

16VAC25-100. Federal Identical Shipyard Employment Standards  (amending 16VAC25-100-1915.1000; adding 16VAC25-100-1915.1024).

16VAC25-175. Federal Identical Construction Industry Standards (amending Appendix A to 16VAC25-175-1926.55; adding 16VAC25-175-1926.1124).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: May 15, 2017.

Agency Contact: Ron Graham, Director, Occupational Health Compliance, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-0574, or email ron.graham@doli.virginia.gov.

Summary:

In a final rule, federal Occupational and Safety Health Administration (OSHA) amended its existing standards for occupational exposure to beryllium and beryllium compounds. The final rule (i) establishes new permissible exposure limits of 0.2 micrograms of beryllium per cubic meter of air as an 8-hour time-weighted average and 2.0 micrograms of beryllium per cubic meter of air as a short-term exposure limit determined over a sampling period of 15 minutes and (ii) includes requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, housekeeping, medical surveillance, hazard communication, and recordkeeping. OSHA issued three separate standards covering general industry, shipyards, and construction, tailoring the requirements to the unique circumstances found in these sectors.

In this regulatory action, the 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), 29 CFR 1915 (Shipyard Employment Standards), and 29 CFR Part 1926 (Construction Industry Standards) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason, these documents will not be printed in the Virginia Register of Regulations. A copy of each 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, General Assembly Building, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action:  On February 16, 2017, the Safety and Health Codes Board adopted federal OSHA's Occupational Exposure to Beryllium, as published in 82 FR 2470 through 82 FR 2757) on January 9, 2017, with an effective date of May 15, 2017.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards; Shipyard Employment Standards; and Construction Industry 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: