FRANKFORT, KY (March 9, 2018) - Labor Cabinet Secretary Derrick K. Ramsey issued an administrative order today delaying enforcement of the Final Rule on Occupational Exposure to Beryllium (Final Beryllium Exposure Rule) to be consistent with recent actions taken by the United States Occupational Safety and Health Administration (OSHA).
The Final Beryllium Exposure Rule was published by OSHA on January 9, 2017, and was adopted in Kentucky effective June 2, 2017. The rule reduces the permissible exposure limit (PEL) for beryllium in general industry, the construction industry, and the shipyard industry to an 8-hour time-weighted average PEL of 0.2 µg/m3, establishes a short-term exposure limit (STEL) of 2.0 µg/m3 over a 15-minute sampling period, and establishes an action level of 0.1 µg/m3 along with other, ancillary provisions. All obligations under the rule except for change room, shower, and engineering control requirements were scheduled to commence March 12, 2018.
On June 27, 2017, OSHA issued a proposed rule to revoke parts of the Final Beryllium Rule applicable to the construction and shipyard industries. In so doing, OSHA announced that it was delaying enforcement of those parts until further notice. In addition, on March 2, 2018, OSHA announced that it was delaying enforcement of the general industry standard and the PEL and STEL standards for the construction and shipyard industries until May 11, 2018.
The administrative order signed by Secretary Ramsey adopts the delays in enforcement announced by OSHA. In particular, Administrative Order 2018-001 provides that the Labor Cabinet and the Department of Workplace Standards shall not enforce the Final Beryllium Exposure Rule for the general industry until May 11, 2018. It also delays enforcement of the PEL or STEL for the construction and shipyard industries until May 11, 2018, and the Labor Cabinet and Department of Workplace Standards shall not enforce ancillary provisions applicable to the construction and shipyard industries until further notice.
Administrative Order 2018-001