[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11119-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02809]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1915 and 1926
RIN 1218-AD29
Occupational Exposure to Beryllium and Beryllium Compounds in
Construction and Shipyard Sectors; Correction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correction and correcting amendment.
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SUMMARY: OSHA is making minor changes to the final rule published on
August 31, 2020, titled Occupational Exposure to Beryllium and
Beryllium Compounds in Construction and Shipyard Sectors, to correct
inadvertent errors in the published rule.
DATES: Effective February 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone: (202) 693-1999; email:
[email protected].
General and technical information: Maureen Ruskin, Acting Director,
OSHA Directorate of Standards and Guidance; telephone: (202) 693-1955;
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary and Explanation
On August 31, 2020, OSHA published a final rule revising the
standards for occupational exposure to beryllium and beryllium
compounds in the construction and shipyard sectors (85 FR 53910). The
document inadvertently failed to revise paragraph (k)(7)(ii) of both
standards in the Code of Federal Regulations (CFR), as the final rule
purported to do. The document also failed to include the correct
language for these revised provisions in two tables in the Economic
Feasibility Analysis and Regulatory Flexibility Certification section
of the preamble. OSHA is publishing this document to correct these
errors.
II. Exemption From Notice-and-Comment Procedures
OSHA has determined that these corrections are not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553) or Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking only corrects minor errors and does not affect or change any
existing rights or obligations. No stakeholder is likely to object to
these corrections. Therefore, the agency finds good cause that public
notice and comment are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.
Preamble Corrections
In FR Doc. 2020-18017 appearing on page 53910 in the Federal
Register of August 31, 2020 (85 FR 53910), make the following
corrections in the Economic Feasibility Analysis and Regulatory
Flexibility Certification section of the preamble.
1. On page 53991, in the third column, in Table VI.1, the sixth
paragraph is corrected to read as follows:
``Added a new requirement in paragraph (k)(7)(ii) that the employer
must ensure that, as part of the evaluation, the employee is offered
any tests deemed appropriate by the examining physician at the CBD
diagnostic center, such as pulmonary function testing (as outlined by
the American Thoracic Society criteria), bronchoalveolar lavage (BAL),
and transbronchial biopsy. If any of the tests deemed appropriate by
the examining physician are not available at the CBD diagnostic center,
they may be performed at another location that is mutually agreed upon
by the employer and the employee.''
2. On page 53994, in the third column, in Table VI.2, the first
paragraph is corrected to read as follows:
``Added a new requirement in paragraph (k)(7)(ii) that the employer
must ensure that, as part of the evaluation, the employee is offered
any tests deemed appropriate by the examining physician at the CBD
diagnostic center, such as pulmonary function testing (as outlined by
the American Thoracic Society criteria), bronchoalveolar lavage (BAL),
and transbronchial biopsy. If any of the tests deemed appropriate by
the examining physician are not available at the CBD diagnostic center,
they may be performed at another location that is mutually agreed upon
by the employer and the employee.''
List of Subjects
29 CFR Part 1915
Beryllium, Health, Occupational Safety and Health, Shipyards.
29 CFR Part 1926
Beryllium, Construction, Health, Occupational Safety and Health.
Authority and Signature
Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, directed the
preparation of this notice pursuant to 29 U.S.C. 653, 655, and 657,
Secretary of Labor's Order 8-2020 (85 FR 58393; Sept. 18, 2020), and 29
CFR part 1911.
Signed at Washington, DC, on February 4, 2021.
Amanda L. Edens
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
For reasons stated in the preamble, the Occupational Safety and
Health Administration corrects 29 CFR parts 1915 and 1926 with the
following correcting amendments:
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
1. The authority citation for part 1915 continues to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.
0
2. In Sec. 1915.1024, revise paragraph (k)(7)(ii) to read as follows:
Sec. 1915.1024 Beryllium.
* * * * *
(k) * * *
(7) * * *
(ii) The employer must ensure that, as part of the evaluation, the
employee is offered any tests deemed appropriate by
[[Page 11120]]
the examining physician at the CBD diagnostic center, such as pulmonary
function testing (as outlined by the American Thoracic Society
criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. If
any of the tests deemed appropriate by the examining physician are not
available at the CBD diagnostic center, they may be performed at
another location that is mutually agreed upon by the employer and the
employee.
* * * * *
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart Z--Toxic and Hazardous Substances
0
3. The authority citation for 29 CFR part 1926, subpart Z, continues to
read as follows:
Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; and 29 CFR
part 1911.
0
4. In Sec. 1926.1124, revise paragraph (k)(7)(ii) to read as follows:
Sec. 1926.1124 Beryllium.
* * * * *
(k) * * *
(7) * * *
(ii) The employer must ensure that, as part of the evaluation, the
employee is offered any tests deemed appropriate by the examining
physician at the CBD diagnostic center, such as pulmonary function
testing (as outlined by the American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and transbronchial biopsy. If any of the
tests deemed appropriate by the examining physician are not available
at the CBD diagnostic center, they may be performed at another location
that is mutually agreed upon by the employer and the employee.
* * * * *
[FR Doc. 2021-02809 Filed 2-23-21; 8:45 am]
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