Photo of Andrew F. Quinlan Nevertheless, the major problem with the rule is its last-minute expansion to cover not only those working with beryllium alloys, but also abrasive blasting in the construction and shipyard industries. The materials used for abrasive blasting, like coal and copper slagwaste products from coal power plants or smelting and refining processeswould otherwise end up in landfills. Instead, it is recycled and put to use. It also contains only trace amounts of beryllium, as much as 22,000 times less than in some copper beryllium alloys, the original focus of the rule. The already heavily regulated abrasive blasting industry, which directly employs over 400,000 workers, has never had a documented case of beryllium-related illness in either the manufacture or use of coal and copper slag abrasive materials. There are also likely to be unintended health consequences if the industry is effectively forced to substitute silica-based materials in order to avoid unaffordable burdens. The added provisions in the regulation were never offered for public comment, thus limiting stakeholder input. Congressman Byrne (R-AL), Chairman of the Subcommittee on Workforce Protections, recently authored a letter chastising OSHA for this impermissible overreach, and called for an indefinite delay to the rule while the agency reopens the rule-making process and follows proper procedure for amending the scope of the original proposed rule. If OSHA fails to take his advice and adhere to the rules put in place to ensure transparency and accountability in the regulatory process, then Congress has a remedy.

[OSHA regulations]

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