10 CFR 850 Chronic Beryllium Disease Prevention Program Jacqueline D. Rogers Bill McArthur

Overview of 10 CFR 850 Final Rule Promulgated - December 8, 1999 § 850.1 Scope Establish a comprehensive Chronic Beryllium Disease Prevention Program (CBDPP) Integrated into existing worker safety and health program 10 CFR 851, Worker Safety and Health Program

Overview of 10 CFR 850 (Continued) § 850.2 Applicability Applies to DOE Federal and Contractor Employers Does not apply to: Beryllium articles DOE Laboratories - 29 CFR 1450, Occupational Exposure to Hazardous Chemicals in Laboratories Laboratory scale use of hazardous chemicals

Overview 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 worker Current 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

Overview of 10 CFR 850 (Continued) § 850.11 Chronic Beryllium Disease Prevention Program requirements Written CBDPP approved by DOE Update: Significant change or addition to the CBDPP, or change in contractor § 850.13 Compliance Full compliance - January 7, 2002

Overview of 10 CFR 850 (Continued) § 850.22 Permissible exposure limit Adopts the Occupational Safety and Health Administration (OSHA) permissible exposure limit (PEL) for beryllium: 29 CFR 1910.1000, Table Z-2 2 µg/mg3 OSHA - promulgate a more stringent beryllium standard 10 CFR 850 - automatically adopts OSHA’s new PEL

Overview 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)

Overview of 10 CFR 850 (Continued) § 850.30 Housekeeping Surfaces contaminated with Be dust and waste Removable contamination level 3 µg/100 cm2 during non-operational periods § 850.31 Release criteria Public: Be-contaminated equipment and other items to the public: 0.2 µg/100 cm2 Another beryllium facility: 3 µg/100 cm2

Overview of 10 CFR 850 (Continued) § 850.34 Medical surveillance Voluntarily: Beryllium and Beryllium-associated workers § 850.35 Medical removal Temporary or Permanent removal: Beryllium-associated workers Medical removal protection benefits Temporary removal – 1 year Permanent removal – 2 years

Why Amend 10 CFR 850? 14 Years - Implementation experience New scientific information identified DOE data – Beryllium Registry Lessons learned Increase number of workers Beryllium Sensitization or Chronic Beryllium Disease Provide implementation relief to DOE Beryllium Sites Releasing Be-contaminated equipment and real property Housekeeping Training for Beryllium-associated workers Background levels of Beryllium

Why Amend 10 CFR 850 (Continued) Clarification of certain provisions not fully developed Medical removal Medical removal benefits Office of the General Counsel - Interpretations Increased number of requests for information not covered by the current Rule

Notice Of Proposed Rulemaking (NOPR) for 10 CFR 850 Office of Management and Budget approved - January 25, 2016 Secretary of Energy approved – May 16, 2016 Federal Register - 90 day comment period Four 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

NOPR 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 program

NOPR 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.

NOPR 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.

NOPR 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/m3 (calculated as an 8-hour time weighted average exposure)

NOPR for 10 CFR 850 (Continued) § 850.24 Exposure monitoring Portable 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 samples

NOPR 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 cm2 or that have beryllium in material on the surface at levels above the natural level in soil at the point of release.

NOPR 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

NOPR for 10 CFR 850 (Continued) § 850.34 Medical surveillance (Continued) Beryllium emergencies evaluations To any worker who may have been exposed to beryllium because of a beryllium emergency Exit 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

NOPR 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

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits Medical removal - Mandatory for beryllium workers SOMD recommends removal where beryllium exposures are at or above the action level Temporary Permanent

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits (Continued) Temporary removal Pending 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

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits (Continued) Permanent removal If the SOMD makes a final medical determination that the worker should be permanently removed Based on a diagnosis of BeS or CBD as defined in § 850.3

NOPR 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 restriction Permanently remove the beryllium worker SOMD is not required to recommend temporary removal before recommending permanent removal

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits (Continued) Medical removal benefits Temporary 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

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits (Continued) Medical removal benefits (Continued) Permanent removal benefits Transfer the beryllium worker to a comparable job Where 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

NOPR for 10 CFR 850 (Continued) § 850.36 Medical removal and benefits (Continued) Additional Conditions of Temporary or Permanent Removal Benefits Continue 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 work

NOPR 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 period Permanent 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

NOPR for 10 CFR 850 (Continued) § 850.37 Medical consent Employers 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 level If a beryllium worker decides not to consent to the testing Removed from the beryllium activity and will not receive any medical removal benefits

NOPR for 10 CFR 850 (Continued) § 850.38 Training and Counseling Beryllium-associated workers - General awareness training Beryllium hazards and controls Benefits of medical evaluations for diagnosing BeS and CBD § 850.39 Warning Signs and Labels Affix warning labels - equipment or items that contain sources of beryllium in normally inaccessible locations or embedded in hard-to-remove substances

NOPR 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)

NOPR 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 cm2 Action level: Lowered from 0.2 µg/m3 to 0.05 µg/m3 Different forms of beryllium Health effects Use at DOE Beryllium Sites

NOPR 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

NOPR for 10 CFR 850 (Continued) Request for information and comments (Continued) Mandatory medical evaluations and removals Beryllium workers Site 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

10 CFR 850 Information 10 CFR 850 Website http://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 inquires Safety and Health Regulatory and Policy Response Line http://www.energy.gov/ehss/safety-and-health-regulatory-and-policy-response-line

Contacts Office of Worker Safety and Health Policy Bill McArthur, Director 301-903-9674 or Bill.mcarthur@hq.doe.gov Jacqueline Rogers, Industrial Hygienist 202-586-4714 or Jackie.rogers@hq.doe.gov

Questions