The Occupational Safety and Health Administration recently reached a settlement with the National Association of Home Builders and Associated Builders and Contractors Inc., deciding beryllium is deemed not a hazard for most construction work, according to Bloomberg Law.
The resolution of the lawsuit against OSHA ends a dispute that began in 2017 regarding whether homebuilders and commercial contractors must evaluate the danger of beryllium dust to workers performing tasks such as cutting bricks or excavation. Workers cutting and milling beryllium can be exposed to airborne beryllium particles, which increases the risk of lung disease.
When OSHA decided to regulate beryllium exposure at factories, it extended protections to construction workers, who could be exposed to beryllium when using grit to sandblast surfaces or when working in factories where beryllium is used. However, NAHB and ABC were concerned OSHA would expect their members to test for beryllium exposure in other types of construction because there could be small amounts of beryllium in bricks, concrete blocks and soil.
The settlement requires employers to comply with the beryllium standard when a construction job site contains high levels of beryllium, such as at a beryllium manufacturing facility. OSHA agreed to add to its guidance documents a frequently asked question and answer acknowledging beryllium is not a likely hazard when doing common construction tasks. The only exception would be for work in extremely dusty conditions, and in those cases, employers already would be expected to protect workers from silica dust.
