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Labor Cabinet Secretary Signs Administrative Order Relating to the Enforcement of the Final Beryllium Exposure Rule

Kentucky Labor Cabinet

 

Pursuant to KRS 338.061, as amended by HB 314, on Friday, May 11, 2018, Secretary Ramsey signed Administrative Order 2018-002 adopting recent actions taken by the Occupational Safety and Health Administration (“OSHA”) concerning the enforcement of the Final Rule on Occupational Exposure to Beryllium (the “Final Beryllium Exposure Rule”).  OSHA promulgated the Final Beryllium Exposure Rule on January 9, 2017 and Kentucky adopted it effective June 2, 2017. In particular, Administrative Order 2018-002 directs the following with regard to enforcement of the beryllium standards:

 

·         Consistent with OSHA’s Notice of Proposed Rulemaking Revising the Beryllium Standard for General Industry issued on or about May 7, 2018, the Labor Cabinet and the Department of Workplace Standards shall not issue a citation or penalty to general industry employers in compliance with the proposed standards set forth in the Notice of Proposed Rulemaking until further notice.

 

·         Consistent with the Interim Enforcement Memorandum and Notice of Delay in Enforcement for Certain Provisions of the Beryllium Standards issued by OSHA on or about May 9, 2018 (the “Interim Enforcement Memorandum”), enforcement of only the following standards shall begin on May 11, 2018:

o   Permissible exposure limits (PELs) in the general industry, construction and shipyard standards set forth in 29 C.F.R. § 1910.1024(c), 29 C.F.R. § 1926.1124(c), and 29 C.F.R. § 1915.1024(c), respectively, and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations;

o   General industry exposure assessment set forth in 29 C.F.R. § 1910.1024(d), and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations;

o   General industry respiratory protection set forth in 29 C.F.R. § 1910.1024(g), and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations;

o   General industry medical surveillance set forth in 29 C.F.R. § 1910.1024(k), and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations; and

o   General industry medical removal set forth in 29 C.F.R. § 1910.1024(l), and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations.

 

·         Consistent with the Interim Enforcement Memorandum:

o   No other provisions contained in the general industry beryllium standard, as set forth in 29 C.F.R. § 1910.1024 and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations, shall be enforced until June 25, 2018;

o   Unless the Office of the Secretary provides notice, the Kentucky Labor Cabinet and the Department of Workplace Standards shall not enforce any other provisions contained in the construction industry beryllium standard or the shipyard industry beryllium standard, as set forth, respectively, in 29 C.F.R. § 1926.1124 and 29 C.F.R. § 1915.1024 and adopted in Chapter 2 of Title 803 of the Kentucky Administrative Regulations; and

o   Unless otherwise prohibited by law and until further notice, the Kentucky Labor Cabinet and the Department of Workplace Standards shall follow the Interim Enforcement Guidance for the Beryllium Standards, which is attached to OSHA’s Interim Enforcement Memorandum.

 

A copy of Administrative Order 2018-002 can be found here: AO KY Final Beryllium Rule.pdf.


 

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