Jacqueline D Rogers Bill McArthur Overview of 10 CFR 850 Final Rule Promulgated December 8 1999 8501 Scope Establish a comprehensive Chronic Beryllium Disease Prevention Program CBDPP ID: 912487
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Slide1
10 CFR 850Chronic Beryllium Disease Prevention Program
Jacqueline D. Rogers
Bill McArthur
Slide2Overview of 10 CFR 850Final Rule Promulgated - December 8, 1999
§ 850.1
Scope
Establish a comprehensive Chronic Beryllium Disease Prevention Program (CBDPP) Integrated into existing worker safety and health program10 CFR 851, Worker Safety and Health Program
2
Slide3Overview of 10 CFR 850 (Continued)
§ 850.2
Applicability
Applies to DOE Federal and Contractor EmployersDoes not apply to:Beryllium articlesDOE Laboratories - 29 CFR 1450, Occupational Exposure to Hazardous Chemicals in LaboratoriesLaboratory scale use of hazardous chemicals
3
Slide4Overview of 10 CFR 850 (Continued)
§ 850.3
Definitions
Beryllium-associated worker – Current worker who is or was exposed or potentially exposed to airborne Be at a DOE facility, including:Beryllium workerCurrent worker whose work history shows that he/she may have been exposed to airborne Be at a DOE facility
Current worker who exhibits signs and symptoms of Be exposure
Current worker who is receiving medical removal protection
benefits
Beryllium worker
– Current worker
who is regularly employed in a Be activity
4
Slide5Overview of 10 CFR 850 (Continued)
§ 850.11 Chronic Beryllium Disease Prevention Program
requirements
Written CBDPP approved by DOEUpdate: Significant change or addition to the CBDPP, or change in contractor§ 850.13 Compliance
Full compliance - January 7, 2002
5
Slide6Overview of 10 CFR 850 (Continued)
§ 850.22
Permissible exposure
limitAdopts the Occupational Safety and Health Administration (OSHA) permissible exposure limit (PEL) for beryllium:29 CFR 1910.1000, Table Z-22 µg/mg3
OSHA - promulgate a more stringent
beryllium
standard
10 CFR 850 - automatically
adopts
OSHA’s new PEL6
Slide7Overview of 10 CFR 850 (Continued)
§ 850.23
Action level
0.2 µg/mg3 (Calculated as an 8-hour time weighted average exposure)Triggers additional protective measures:Periodic monitoring [850.24]Exposure reduction and minimization (850.25)
Regulated areas (850.26)
Hygiene facilities and practices (850.27)
Respiratory protection (850.28)
Protective clothing and equipment (850.29)
Warning signs (850.38
)7
Slide8Overview of 10 CFR 850 (Continued)
§ 850.30
Housekeeping
Surfaces contaminated with Be dust and wasteRemovable contamination level 3 µg/100 cm2 during non-operational periods§ 850.31 Release criteriaPublic: Be-contaminated
equipment and other items
to the public:
0.2
µg/100
cm
2Another beryllium facility: 3 µg/100 cm
2
8
Slide9Overview of 10 CFR 850 (Continued)§ 850.34 Medical
surveillance
Voluntarily: Beryllium and Beryllium-associated workers
§ 850.35 Medical removalTemporary or Permanent removal: Beryllium-associated workersMedical removal protection benefitsTemporary removal – 1 year Permanent removal – 2 years
9
Slide10Why Amend 10 CFR 850?14 Years - Implementation experience
New
scientific information
identifiedDOE data – Beryllium RegistryLessons learned Increase number of workersBeryllium Sensitization or Chronic Beryllium DiseaseProvide implementation relief to DOE Beryllium Sites
Releasing Be-contaminated equipment and real property
Housekeeping
Training for
Beryllium-associated workers
Background levels of Beryllium
10
Slide11Why Amend 10 CFR 850 (Continued)
Clarification of certain provisions
not fully developed Medical removalMedical removal benefitsOffice of the General Counsel - InterpretationsIncreased number of requests for information not covered by the current Rule
11
Slide12Notice Of Proposed Rulemaking (NOPR) for 10 CFR 850Office
of Management and Budget approved - January 25,
2016
Secretary of Energy approved – May 16, 2016Federal Register - 90 day comment periodFour Public Hearings: Richland, WA: June 28 - 30, 2016
Oak
Ridge,
TN: July 12 - 14, 2015
Las
Vegas,
NV: July 27 - 28, 2016, and Washington, DC: August 11, 2016
12
Slide13NOPR for 10 CFR 850 (Continued)§ 850.2 Applicability
Applies to DOE Federal and Contractor
Employers
Site Occupational Medical Directors (SOMD) responsible for providing the overall direction and operation of the employer’s beryllium medical surveillance program13
Slide14NOPR for 10 CFR 850 (Continued)§ 850.3 Definitions Beryllium-associated worker
:
removed beryllium worker
A current worker, who was exposed or potentially exposed to airborne concentrations of beryllium at a DOE site, including a worker:(1) Whose work history shows that the worker may have been exposed to airborne concentrations of beryllium at a DOE site;(2) Who exhibits signs or symptoms of beryllium exposure; or(3) Who is receiving medical removal benefits under this part.
14
Slide15NOPR for 10 CFR 850 (Continued)§ 850.3 Definitions (Continued)Beryllium worker
:
A
current worker who is exposed or potentially exposed to levels of airborne beryllium at or above the action level in the course of the worker’s employment in a DOE beryllium activity.
15
Slide16NOPR for 10 CFR 850 (Continued)§ 850.22
Permissible exposure limit
Adopts
OSHA PEL: 2.0 µg/m3
Automatically adopts OSHA more stringent PEL
when promulgated
§ 850.23 Action level
Lower: 0.05 µg/m
3
(calculated
as an 8-hour time weighted average
exposure)
16
Slide17NOPR for 10 CFR 850 (Continued)§ 850.24 Exposure monitoringP
ortable laboratories
-
Field or portable laboratories that are accredited in an AIHA-LAP, LLC or equivalent quality assurance program that addresses field or portable laboratory analyses of beryllium samples17
Slide18NOPR for 10 CFR 850 (Continued)§ 850.31 Release and transfer
Beryllium-contaminated
equipment or
areas released without labeling if they do not contain beryllium in inaccessible locations or embedded in hard-to-remove substances, provided specified contamination levels are not exceeded.Releasing equipment, items or areas that contain sources of beryllium in normally inaccessible locations or embedded in hard-to-remove substances.
Releasing
equipment, items or areas with removable beryllium above 0.2 µg/100 cm
2
or that have beryllium in material on the surface at levels above the natural level in soil at the point of release
.
18
Slide19NOPR for 10 CFR 850 (Continued)§ 850.34
Medical surveillance
Baseline medical evaluations
Beryllium-associated workers: Voluntary
Annual notification - right to participant
Beryllium workers:
Mandatory
Periodic
medical evaluations
Beryllium workers – Mandatory yearly
Beryllium-associated workers: 3 years
Beryllium or Beryllium-associated workers
Showing
signs and symptoms if the SOMD determines that an evaluation is warranted
19
Slide20NOPR for 10 CFR 850 (Continued)§ 850.34
Medical
surveillance (Continued)
Beryllium emergencies evaluationsTo any worker who may have been exposed to beryllium because of a beryllium emergencyExit medical evaluations
If a baseline or periodic evaluation has not been performed within the previous six months
Beryllium and Beryllium-associated
workers -
at the time of the worker’s separation from employment
20
Slide21NOPR for 10 CFR 850 (Continued)§
850.35
Medical Restriction
Medical restrictions must be conducted in accordance with 10 CFR part 851, Appendix A, § 8(h).The occupational medicine provider (i.e., SOMD) must place an individual under medical restrictions when health evaluations indicate that the worker should perform certain job tasks. The occupational medicine provider must notify the worker and contractor management when employee work restrictions are imposed or removed.Employers
not required to provide removal benefits to restricted
workers
21
Slide22NOPR for 10 CFR 850 (Continued)§
850.36
Medical removal and benefits
Medical removal - Mandatory for beryllium workersSOMD recommends removal where beryllium exposures
are
at
or above the action level
Temporary
Permanent
22
Slide23NOPR for 10 CFR 850 (Continued)§
850.36
Medical removal and
benefits (Continued)Temporary removalPending the outcome of the medical evaluations Pending the outcome of the multiple physician review process, or alternate review
process
If the beryllium worker is showing signs or symptoms of BeS or CBD and the SOMD believes that further exposure to beryllium at or above the action level may be harmful to the worker’s
health
23
Slide24NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued
)
Permanent removalIf the SOMD makes a final medical determination that the worker should be permanently removedBased on a diagnosis of BeS or CBD as defined in §
850.3
24
Slide25NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued)
After
final medical determination, SOMD must recommend:Return the temporarily removed beryllium worker to his previous job status, identifying any steps to be taken to protect the worker’s health including any necessary work restrictionPermanently remove the beryllium worker
SOMD is not required to recommend temporary removal before recommending permanent removal
25
Slide26NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued
)
Medical removal benefitsTemporary removal benefits A comparable job becomes available, and the worker is placed in that job;
SOMD determines that the worker is not beryllium sensitized and does not have CBD and medical removal is
ended;
Worker
is permanently medically removed from the
job;
Term of the removal period has
expired
(Up to one year for each removal)
Temporary
medical removal
cannot
be included in
permanent
medical removal benefits period
26
Slide27NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued)
Medical removal
benefits (Continued)Permanent removal benefitsTransfer the beryllium worker to a comparable jobWhere beryllium exposures are below the action level, and For which the worker is qualified or can be trained within one year
If the beryllium worker cannot be transferred to a comparable
job
Maintain
the beryllium worker’s total normal earnings as if the worker had not been permanently removed for a period of up to
two years
27
Slide28NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued)
Additional Conditions of Temporary or Permanent Removal
BenefitsContinue removal benefits throughout the term of the removal period, regardless of changes in the worker’s job (e.g., worker is laid off, or the worker’s contract ends before the removal period ends) or because the worker cannot be transferred into a comparable job because the worker is too sick to work28
Slide29NOPR for 10 CFR 850 (Continued)§
850.36 Medical removal and benefits (Continued)
Additional
Conditions of Temporary or Permanent Removal Benefits (Continued)Temporary removal - Employer not required to continue the workers benefits beyond the one-year periodPermanent removal - Employer not required to continue the worker benefits beyond the two-year period
Worker may also apply for compensation through the Energy Employee Occupational Illness Compensation Program, for any additional benefits
29
Slide30NOPR for 10 CFR 850 (Continued)§ 850.37 Medical consentEmployers must ensure:
Beryllium
workers understand that testing is mandatory to transfer into or remain in a job involving beryllium activities at or above the action
levelIf a beryllium worker decides not to consent to the testingRemoved from the beryllium activity and will not receive any
medical
removal benefits
30
Slide31NOPR for 10 CFR 850 (Continued)§ 850.38 Training and Counseling
Beryllium-associated workers -
General awareness training
Beryllium hazards and controlsBenefits of medical evaluations for diagnosing BeS and CBD§ 850.39 Warning Signs and LabelsAffix warning
labels
-
equipment or items that contain sources of beryllium in normally inaccessible locations or embedded in hard-to-remove
substances
31
Slide32NOPR for 10 CFR 850 (Continued)Appendix A
Beryllium
Worker Chronic Beryllium Disease Prevention Program Consent Form (Mandatory)
Appendix B: Beryllium-Associated Worker Chronic Beryllium Disease Prevention Program Consent Form (Mandatory) 32
Slide33NOPR for 10 CFR 850 (Continued)Preamble: Request for information and comments
Surface action level
:
1.5 µg/100 cm2 Beryllium restricted areas
:
surface
levels of beryllium are at or above a surface action level of 1.5 µg/100
cm
2Action
level
:
Lowered from 0.2
µg/m
3
to 0.05 µg/m
3
Different forms of beryllium
Health
effects
Use at DOE Beryllium Sites
33
Slide34NOPR for 10 CFR 850 (Continued)Request for information and comments (Continued)
Medical
screening for individuals conditionally hired for beryllium
work : an individual who has been offered a job as a beryllium worker (either a new hire or a current worker being transferred into a new job as a beryllium worker), but such offer would be subject to the outcome of a medical
evaluation
Medical evaluation
Consent Form
34
Slide35NOPR for 10 CFR 850 (Continued)Request for information and comments (Continued)
Mandatory
medical evaluations and
removalsBeryllium workersSite Occupational Medicine Director’s written medical opinion
Includes
any diagnosis of the worker’s condition related to exposure to
beryllium
Economic Assessment
:
Per-site cost data
35
Slide3610 CFR 850 Information10 CFR 850 Websitehttp://
www.energy.gov/ehss/chronic-beryllium-disease-prevention-program-10-cfr-850
Advance copy – 10 CFR 850 NOPR & Economic Assessment
Interpretations - Office of General Counsel Response to technical inquiresSafety and Health Regulatory and Policy Response Linehttp://www.energy.gov/ehss/safety-and-health-regulatory-and-policy-response-line
36
Slide37ContactsOffice of Worker Safety and Health Policy
Bill McArthur, Director
301-903-9674 or
Bill.mcarthur@hq.doe.govJacqueline Rogers, Industrial Hygienist202-586-4714 or Jackie.rogers@hq.doe.gov37
Slide38Questions
38