Or. Admin. Code § 437-002-2040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 437-002-2040 - Exposure Assessment

This rule requires an evaluation of employee exposure to beryllium using air monitoring or objective data as described in the performance or scheduled monitoring options.

(1) Assess the exposure of each employee who is or may reasonably be expected to be exposed to beryllium in accordance with either the performance option in paragraph (2) or the scheduled monitoring option in paragraph (3).

(2) Performance option. Assess the 8-hour TWA exposure and 15-minute short-term exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to beryllium.

(3) Scheduled monitoring option.

(a) Perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area.

(b) Perform initial monitoring to assess the short-term exposure from 15-minute personal breathing zone air samples measured in operations that are likely to produce airborne exposure above the STEL for each work shift, for each job classification, and in each work area.

(c) Where several employees perform the same tasks on the same shift and in the same work area, you may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, sample the employee(s) who are expected to have the highest exposure to beryllium.

(d) If initial monitoring indicates that employee exposures are below the action level and at or below the STEL, you may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(e) Where the most recent exposure monitoring indicates that employee exposures are at or above the action level but at or below the PEL, repeat such monitoring within six months of the most recent monitoring.

(f) Where the most recent exposure monitoring indicates that employee exposures are above the PEL, repeat such monitoring within three months of the most recent monitoring.

(g) Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time you may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in paragraph (4).

(h) Where the most recent exposure monitoring indicates that airborne exposure is above the STEL, repeat such monitoring within three months of the most recent short-term exposure monitoring until two consecutive measurements, taken 7 or more days apart, are below the STEL, at which time you may discontinue short-term exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (4).

(4) Reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level or STEL, or when there is any reason to believe that new or additional exposures at or above the action level or STEL have occurred.

(5) Ensure that all air monitoring samples used to satisfy the monitoring requirements of this rule are evaluated by a laboratory that can measure beryllium to an accuracy of plus or minus 25 percent within a statistical confidence level of 95 percent for airborne concentrations at or above the action level.

(6) Employee notification of assessment results.

(a) Within 15 working days after completing an exposure assessment in accordance with this rule, notify each employee whose airborne exposure is represented by the assessment of the results of that assessment individually in writing or post the results in an appropriate location that is accessible to each of these employees.

(b) Whenever an exposure assessment indicates that employee exposure is above the PEL or STEL, describe in the written notification the corrective action being taken to reduce employee exposure to or below the exposure limit(s) exceeded where feasible corrective action exists but had not been implemented when the monitoring was conducted.

(7) Observation of monitoring.

(a) Where air monitoring is performed to comply with the requirements of this rule, provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to beryllium.

(b) When observation of monitoring requires entry into an area where the use of protective clothing or equipment (which may include respirators) is required, provide the observer with protective clothing and equipment at no cost, ensure that the observer uses such clothing and equipment, and ensure that each observer follows all other applicable safety and health procedures.

Or. Admin. Code § 437-002-2040

OSHA 3-2017, f. 7-7-17, cert. ef. 3/12/2018

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.295