1. 10 CFR 850 Chronic Beryllium Disease Prevention Program
Jacqueline D. Rogers
Bill McArthur

2. Overview of 10 CFR 850 Final Rule Promulgated - December 8, 1999
§ 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

3. Overview of 10 CFR 850 (Continued)
§ 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

4. Overview of 10 CFR 850 (Continued)
§ 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

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

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

7. Overview of 10 CFR 850 (Continued)
§ 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)

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

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

10. 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

11. 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

12. 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 , 2016
Oak Ridge, TN: July , 2015
Las Vegas, NV: July , 2016, and
Washington, DC: August 11, 2016

13. NOPR for 10 CFR 850 (Continued)
§ 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

14. NOPR for 10 CFR 850 (Continued)
§ 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.

15. NOPR for 10 CFR 850 (Continued)
§ 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.

16. NOPR for 10 CFR 850 (Continued)
§ Permissible exposure limit
Adopts OSHA PEL: 2.0 µg/m3
Automatically adopts OSHA more stringent PEL when promulgated
§ Action level
Lower: µg/m3 (calculated as an 8-hour time weighted average exposure)

17. NOPR for 10 CFR 850 (Continued)
§ 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

18. NOPR for 10 CFR 850 (Continued)
§ 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.

19. NOPR for 10 CFR 850 (Continued)
§ 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

20. NOPR for 10 CFR 850 (Continued)
§ 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

21. NOPR for 10 CFR 850 (Continued)
§ 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

22. NOPR for 10 CFR 850 (Continued)
§ 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

23. NOPR for 10 CFR 850 (Continued)
§ 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

24. NOPR for 10 CFR 850 (Continued)
§ 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

25. NOPR for 10 CFR 850 (Continued)
§ 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

26. NOPR for 10 CFR 850 (Continued)
§ 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

27. NOPR for 10 CFR 850 (Continued)
§ 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

28. NOPR for 10 CFR 850 (Continued)
§ 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

29. NOPR for 10 CFR 850 (Continued)
§ 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

30. NOPR for 10 CFR 850 (Continued)
§ 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

31. NOPR for 10 CFR 850 (Continued)
§ Training and Counseling
Beryllium-associated workers - General awareness training
Beryllium hazards and controls
Benefits of medical evaluations for diagnosing BeS and CBD
§ 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

32. 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)

33. 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

34. 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

35. 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

36. 10 CFR 850 Information 10 CFR 850 Website
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

37. Contacts Office of Worker Safety and Health Policy
Bill McArthur, Director or
Jacqueline Rogers, Industrial Hygienist or

38. Questions