Seyfarth Synopsis: The Interim Enforcement Guidance for the 2020 Final Beryllium Standards applies to all types of beryllium inspections.
We have previously blogged about OSHA's beryllium standards, and the Trump Administration's delay in enforcement of these standards. See, for instance, OSHA Delays Enforcement of Beryllium Standard Until May, Update from the 2019 ABA Occupational Safety and Health Law Committee Midwinter Meeting, and What to Expect From OSHA in a President-Elect Trump Administration. Now, in the Biden Administration, OSHA is providing guidance to its personnel on how to enforce these standards, perhaps foreshadowing forthcoming aggressive enforcement.
OSHA's guidance will apply to OSHA inspections of manufacturers using beryllium, as well as shipyards and construction sites where trace amounts of beryllium are used in sand-blasting materials. While the guidance primarily functions as guidance for OSHA compliance officers on how to conduct beryllium inspections, the guidance also provides employers with insights of what inspectors will likely be looking for during site inspections. In addition, the guidance outlines how to cite employers for alleged violations.
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