OMB 1910-5112 Beryllium 10 CFR-850

Department of Energy

§ 850.3
of the worker safety and health program under part 851 of this chapter.

PART 850—CHRONIC BERYLLIUM
DISEASE PREVENTION PROGRAM

[71 FR 6931, Feb. 9, 2006]

Subpart A—General Provisions
Sec.
850.1
850.2
850.3
850.4
850.5

Scope.
Applicability.
Definitions.
Enforcement.
Dispute resolution.

Subpart B—Administrative Requirements
850.10 Development and approval of
CBDPP.
850.11 General CBDPP requirements.
850.12 Implementation.
850.13 Compliance.

the

Subpart C—Specific Program
Requirements
850.20 Baseline beryllium inventory.
850.21 Hazard assessment.
850.22 Permissible exposure limit.
850.23 Action level.
850.24 Exposure monitoring.
850.25 Exposure reduction and minimization.
850.26 Regulated areas.
850.27 Hygiene facilities and practices.
850.28 Respiratory protection.
850.29 Protective clothing and equipment.
850.30 Housekeeping.
850.31 Release criteria.
850.32 Waste disposal.
850.33 Beryllium emergencies.
850.34 Medical surveillance.
850.35 Medical removal.
850.36 Medical consent.
850.37 Training and counseling.
850.38 Warning signs and labels.
850.39 Recordkeeping and use of information.
850.40 Performance feedback.
APPENDIX A TO PART 850—CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM INFORMED CONSENT FORM.
AUTHORITY: 42 U.S.C. 2201(i)(3), (p); 42
U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7101 et
seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 CFR
1981 comp., at 145 as amended.
SOURCE: 64 FR 68905, Dec. 8, 1999, unless
otherwise noted.

Subpart A—General Provisions

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§ 850.1

Scope.

This part provides for establishment
of a chronic beryllium disease prevention program (CBDPP) that supplements and is deemed an integral part

§ 850.2 Applicability.
(a) This part applies to:
(1) DOE offices responsible for operations or activities that involve
present or past exposure, or the potential for exposure, to beryllium at DOE
facilities;
(2) DOE contractors with operations
or activities that involve present or
past exposure, or the potential for exposure, to beryllium at DOE facilities;
and
(3) Any current DOE employee, DOE
contractor employee, or other worker
at a DOE facility who is or was exposed
or potentially exposed to beryllium at
a DOE facility.
(b) This part does not apply to:
(1) Beryllium articles; and
(2) DOE laboratory operations that
meet the definition of laboratory use of
hazardous
chemicals
in
29
CFR
1910.1450, Occupational Exposure to
Hazardous Chemical in Laboratories.
§ 850.3 Definitions.
(a) As used in this part:
Action level means the level of airborne concentration of beryllium established pursuant to section 850.23 of
this part that, if met or exceeded, requires the implementation of worker
protection provisions specified in that
section.
Authorized person means any person
required by work duties to be in a regulated area.
Beryllium means elemental beryllium
and any insoluble beryllium compound
or alloy containing 0.1 percent beryllium or greater that may be released as
an airborne particulate.
Beryllium activity means an activity
taken for, or by, DOE at a DOE facility
that can expose workers to airborne beryllium, including but not limited to
design, construction, operation, maintenance, or decommissioning, and
which may involve one DOE facility or
operation or a combination of facilities
and operations.
Beryllium article means a manufactured item that is formed to a specific
shape or design during manufacture,
that has end-use functions that depend

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§ 850.3

10 CFR Ch. III (1–1–16 Edition)

in whole or in part on its shape or design during end use, and that does not
release beryllium or otherwise result in
exposure to airborne concentrations of
beryllium under normal conditions of
use.
Beryllium-associated worker means a
current worker who is or was exposed
or potentially exposed to airborne concentrations of beryllium at a DOE facility, including:
(1) A beryllium worker;
(2) A current worker whose work history shows that the worker may have
been exposed to airborne concentrations of beryllium at a DOE facility;
(3) A current worker who exhibits
signs or symptoms of beryllium exposure; and
(4) A current worker who is receiving
medical removal protection benefits.
Beryllium emergency means any occurrence such as, but not limited to,
equipment failure, container rupture,
or failure of control equipment or operations that results in an unexpected
and significant release of beryllium at
a DOE facility.
Beryllium-induced
lymphocyte
proliferation test (Be-LPT) is an in vitro
measure of the beryllium antigen-specific, cell-mediated immune response.
Beryllium worker means a current
worker who is regularly employed in a
DOE beryllium activity.
Breathing zone is defined as a hemisphere forward of the shoulders, centered on the mouth and nose, with a radius of 6 to 9 inches.
DOE means the U.S. Department of
Energy.
DOE contractor means any entity
under contract with DOE (or its subcontractor) that has responsibility for
performing beryllium activities at DOE
facilities.
DOE facility means any facility operated by or for DOE.
Head of DOE Field Element means an
individual who is the manager or head
of the DOE operations office or field office, or any official to whom the Head
of DOE Field Element delegates his or
her functions under this part.
High-efficiency particulate air (HEPA)
filter means a filter capable of trapping
and retaining at least 99.97 percent of
0.3 micrometer monodispersed particles.

Immune response refers to the series
of cellular events by which the immune
system reacts to challenge by an antigen.
Medical removal protection benefits
means the employment rights established by section 850.35 of this part for
beryllium-associated workers who voluntarily accept temporary or permanent medical removal from beryllium
areas following a recommendation by
the Site Occupational Medicine Director.
Operational area means an area where
workers are routinely in the presence
of beryllium as part of their work activity.
Regulated area means an area demarcated by the responsible employer in
which the airborne concentration of beryllium exceeds, or can reasonably be
expected to exceed, the action level.
Removable contamination means beryllium contamination that can be removed from surfaces by nondestructive
means, such as casual contact, wiping,
brushing or washing.
Responsible employer means:
(1) For DOE contractor employees,
the DOE contractor office that is directly responsible for the safety and
health of DOE contractor employees
while performing a beryllium activity
or other activity at a DOE facility; or
(2) For DOE employees, the DOE office that is directly responsible for the
safety and health of DOE Federal employees while performing a beryllium
activity or other activity at a DOE facility; and
(3) Any person acting directly or indirectly for such office with respect to
terms and conditions of employment of
beryllium-associated workers.
Site Occupational Medical Director
(SOMD) means the physician responsible for the overall direction and operation of the site occupational medicine
program.
Unique identifier means the part of a
paired set of labels, used in records
that contain confidential information,
that does not identify individuals except by using the matching label.
Worker means a person who performs
work for or on behalf of DOE, including

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Department of Energy

§ 850.10

a DOE employee, an independent contractor, a DOE contractor or subcontractor employee, or any other person
who performs work at a DOE facility.
Worker exposure means the exposure
of a worker to airborne beryllium that
would occur if the worker were not
using respiratory protective equipment.
(b) Terms undefined in this part that
are defined in the Atomic Energy Act
of 1954 shall have the same meaning as
under that Act.
§ 850.4

Enforcement.

DOE may take appropriate steps pursuant to part 851 of this chapter to enforce compliance by contractors with
this part and any DOE-approved
CBDPP.
[71 FR 6931, Feb. 9, 2006]

§ 850.5

Dispute resolution.

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(a) Subject to paragraphs (b) and (c)
of this section, any worker who is adversely affected by an action taken, or
failure to act, under this part may petition the Office of Hearings and Appeals for relief in accordance with 10
CFR part 1003, Subpart G.
(b) The Office of Hearings and Appeals may not accept a petition from a
worker unless the worker requested the
responsible employer to correct the
violation, and the responsible employer
refused or failed to take corrective action within a reasonable time.
(c) If the dispute relates to a term or
condition of employment that is covered by a grievance-arbitration provision in a collective bargaining agreement, the worker must exhaust all applicable grievance-arbitration procedures before filing a petition for relief
with the Office of Hearings and Appeals. A worker is deemed to have exhausted all applicable grievance-arbitration procedures if 150 days have
passed since the filing of a grievance
and a final decision on it has not been
issued.

Subpart B—Administrative
Requirements
§ 850.10 Development and approval of
the CBDPP.
(a) Preparation and submission of initial CBDPP to DOE. (1) The responsible
employer at a DOE facility must ensure that a CBDPP is prepared for the
facility and submitted to the appropriate Head of DOE Field Element before beginning beryllium activities, but
no later than April 6, 2000 of this part.
(2) If the CBDPP has separate sections addressing the activities of multiple contractors at the facility, the
Head of DOE Field Element will designate a single DOE contractor to review and approve the sections prepared
by other contractors, so that a single
consolidated CBDPP for the facility is
submitted to the Head of DOE Field
Element for review and approval.
(b) DOE review and approval. The appropriate Head of DOE Field Element
must review and approve the CBDPP.
(1) The initial CBDPP and any updates are deemed approved 90 days
after submission if they are not specifically approved or rejected by DOE earlier.
(2) The responsible employer must
furnish a copy of the approved CBDPP,
upon request, to the DOE Associate
Under Secretary for Environment,
Health, Safety and Security or designee, DOE program offices, and affected workers or their designated representatives.
(c) Update. The responsible employer
must submit an update of the CBDPP
to the appropriate Head of DOE Field
Element for review and approval whenever a significant change or significant
addition to the CBDPP is made or a
change in contractors occurs. The Head
of DOE Field Element must review the
CBDPP at least annually and, if necessary, require the responsible employer to update the CBDPP.
(d) Labor Organizations. If a responsible employer employs or supervises
beryllium-associated workers who are
represented for collective bargaining
by a labor organization, the responsible
employer must:

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§ 850.11

10 CFR Ch. III (1–1–16 Edition)

(1) Give the labor organization timely notice of the development and implementation of the CBDPP and any
updates thereto; and
(2) Upon timely request, bargain concerning implementation of this part,
consistent with the Federal labor laws.
[64 FR 68905, Dec. 8, 1999, as amended at 71
FR 68733, Nov. 28, 2006; 80 FR 5008, Jan. 30,
2015]

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§ 850.11 General CBDPP requirements.
(a) The CBDPP must specify the existing and planned operational tasks
that are within the scope of the
CBDPP. The CBDPP must augment
and, to the extent feasible, be integrated into the existing worker protection programs that cover activities at
the facility.
(b) The detail, scope, and content of
the CBDPP must be commensurate
with the hazard of the activities performed, but in all cases the CBDPP
must:
(1) Include formal plans and measures
for maintaining exposures to beryllium
at or below the permissible exposure
level prescribed in § 850.22;
(2) Satisfy each requirement in subpart C of this part;
(3) Contain provisions for:
(i) Minimizing the number of workers
exposed and potentially exposed to beryllium;
(ii) Minimizing the number of opportunities for workers to be exposed to
beryllium;
(iii) Minimizing the disability and
lost work time of workers due to
chronic beryllium disease, beryllium
sensitization and associated medical
care; and
(iv) Setting specific exposure reduction and minimization goals that are
appropriate for the beryllium activities
covered by the CBDPP to further reduce exposure below the permissible
exposure limit prescribed in § 850.22.
§ 850.12 Implementation.
(a) The responsible employer must
manage and control beryllium exposures in all DOE beryllium activities
consistent with the approved CBDPP.
(b) No person employed by DOE or a
DOE contractor may take or cause any
action inconsistent with the requirements of:

(1) This part,
(2) An approved CBDPP, and
(3) Any other Federal statute or regulation concerning the exposure of
workers to beryllium at DOE facilities.
(c) No task involving potential exposure to airborne beryllium that is outside the scope of the existing CBDPP
may be initiated until an update of the
CBDPP is approved by the Head of DOE
Field Element, except in an unexpected
situation and, then, only upon approval
of the Head of DOE Field Element.
(d) Nothing in this part precludes a
responsible employer from taking any
additional protective action that it determines to be necessary to protect the
health and safety of workers.
(e) Nothing in this part affects the
responsibilities of DOE officials under
the Federal Employee Occupational
Safety and Health Program (29 CFR
part 1960) and related DOE directives.
§ 850.13 Compliance.
(a) The responsible employer must
conduct activities in compliance with
its CBDPP.
(b) The responsible employer must
achieve compliance with all elements
of its CBDPP no later than January 7,
2002.
(c) With respect to a particular beryllium activity, the contractor in charge
of the activity is responsible for complying with this part. If no contractor
is responsible for a beryllium activity,
DOE must ensure implementation of,
and compliance with, this part.

Subpart C—Specific Program
Requirements
§ 850.20 Baseline beryllium inventory.
(a) The responsible employer must
develop a baseline inventory of the locations of beryllium operations and
other locations of potential beryllium
contamination, and identify the workers exposed or potentially exposed to
beryllium at those locations.
(b) In conducting the baseline inventory, the responsible employer must:
(1) Review current and historical
records;
(2) Interview workers;
(3) Document the characteristics and
locations of beryllium at the facility;
and

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Department of Energy

§ 850.24

(4) Conduct air, surface, and bulk
sampling.
(c) The responsible employer must
ensure that:
(1) The baseline beryllium inventory
is managed by a qualified individual
(e.g., a certified industrial hygienist);
and
(2) The individuals assigned to this
task have sufficient knowledge and experience to perform such activities
properly.
§ 850.21 Hazard assessment.
(a) If the baseline inventory establishes the presence of beryllium, the
responsible employer must conduct a
beryllium hazard assessment that includes an analysis of existing conditions, exposure data, medical surveillance trends, and the exposure potential of planned activities. The exposure
determinants, characteristics and exposure potential of activities must be
prioritized so that the activities with
the greatest risks of exposure are evaluated first.
(b) The responsible employer must
ensure that:
(1) The hazard assessment is managed
by a qualified individual (e.g., a certified industrial hygienist); and
(2) The individuals assigned to this
task have sufficient knowledge and experience to perform such activities
properly.

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§ 850.22 Permissible exposure limit.
The responsible employer must assure that no worker is exposed to an
airborne concentration of beryllium
greater than the permissible exposure
limit established in 29 CFR 1910.1000, as
measured in the worker’s breathing
zone by personal monitoring, or a more
stringent TWA PEL that may be promulgated by the Occupational Safety
and Health Administration as a health
standard.
§ 850.23 Action level.
(a) The responsible employer must
include in its CBDPP an action level
that is no greater than 0.2 μg/m3, calculated as an 8-hour TWA exposure, as
measured in the worker’s breathing
zone by personal monitoring.
(b) If an airborne concentration of beryllium is at or above the action level,

the responsible employer must implement §§ 850.24(c) (periodic monitoring),
850.25 (exposure reduction and minimization), 850.26 (regulated areas),
850.27 (hygiene facilities and practices),
850.28 (respiratory protection), 850.29
(protective clothing and equipment),
and 850.38 (warning signs) of this part.
§ 850.24 Exposure monitoring.
(a) General. The responsible employer
must ensure that:
(1) Exposure monitoring is managed
by a qualified individual (e.g., a certified industrial hygienist); and
(2) The individuals assigned to this
task have sufficient industrial hygiene
knowledge and experience to perform
such activities properly.
(b) Initial monitoring. The responsible
employer must perform initial monitoring in areas that may have airborne
beryllium, as shown by the baseline inventory and hazard assessment. The responsible employer must apply statistically-based monitoring strategies to
obtain a sufficient number of sample
results to adequately characterize exposures, before reducing or terminating
monitoring.
(1) The responsible employer must
determine workers’ 8-hour TWA exposure levels by conducting personal
breathing zone sampling.
(2) Exposure monitoring results obtained within the 12 months preceding
the effective date of this part may be
used to satisfy this requirement if the
measurements were made as provided
in paragraph (b)(1) of this section.
(c) Periodic exposure monitoring. The
responsible employer must conduct
periodic monitoring of workers who
work in areas where airborne concentrations of beryllium are at or
above the action level. The monitoring
must be conducted in a manner and at
a frequency necessary to represent
workers’ exposure, as specified in the
CBDPP. This periodic exposure monitoring must be performed at least
every 3 months (quarterly).
(d) Additional exposure monitoring. The
responsible employer must perform additional monitoring if operations,
maintenance or procedures change, or
when the responsible employer has any
reason to suspect such a change has occurred.

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§ 850.25

10 CFR Ch. III (1–1–16 Edition)

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(e) Accuracy of monitoring. The responsible employer must use a method
of monitoring and analysis that has an
accuracy of not less than plus or minus
25 percent, with a confidence level of 95
percent, for airborne concentrations of
beryllium at the action level.
(f) Analysis. The responsible employer
must have all samples collected to satisfy the monitoring requirements of
this part analyzed in a laboratory accredited for metals by the American
Industrial Hygiene Association (AIHA)
or a laboratory that demonstrates
quality assurance for metals analysis
that is equivalent to AIHA accreditation.
(g) Notification of monitoring results.
(1) The responsible employer must,
within 10 working days after receipt of
any monitoring results, notify the affected workers of monitoring results in
writing. This notification of monitoring results must be:
(i) Made personally to the affected
worker; or
(ii) Posted in location(s) that is readily accessible to the affected worker,
but in a manner that does not identify
the individual to other workers.
(2) If the monitoring results indicate
that a worker’s exposure is at or above
the action level, the responsible employer must include in the notice:
(i) A statement that the action level
has been met or exceeded; and
(ii) A description of the corrective
action being taken by the responsible
employer to reduce the worker’s exposure to below the action level, if practicable.
(3) If the monitoring results indicate
that worker exposure is at or above the
action level, the responsible employer
must also notify DOE and the SOMD of
these results within 10 working days
after receipt.
§ 850.25 Exposure reduction and minimization.
(a) The responsible employer must
ensure that no worker is exposed above
the exposure limit prescribed in § 850.22.
(b) The responsible employer must, in
addition:
(1) Where exposure levels are at or
above the action level, establish a formal exposure reduction and minimization program to reduce exposure levels

to below the action level, if practicable. This program must be described in the responsible employer’s
CBDPP and must include:
(i) Annual goals for exposure reduction and minimization;
(ii) A rationale for and a strategy for
meeting the goals;
(iii) Actions that will be taken to
achieve the goals; and
(iv) A means of tracking progress towards meeting the goals or demonstrating that the goals have been
met.
(2) Where exposure levels are below
the action level, implement actions for
reducing and minimizing exposures, if
practicable. The responsible employer
must include in the CBDPP a description of the steps to be taken for exposure reduction and minimization and a
rationale for those steps.
(c) The responsible employer must
implement exposure reduction and
minimization actions using the conventional hierarchy of industrial hygiene controls (i.e., engineering controls, administrative controls, and personal protective equipment in that
order).
§ 850.26

Regulated areas.

(a) If airborne concentrations of beryllium in areas in DOE facilities are
measured at or above the action level,
the responsible employer must establish regulated areas for those areas.
(b) The responsible employer must
demarcate regulated areas from the
rest of the workplace in a manner that
adequately alerts workers to the
boundaries of such areas.
(c) The responsible employer must
limit access to regulated areas to authorized persons.
(d) The responsible employer must
keep records of all individuals who
enter regulated areas. These records
must include the name, date, time in
and time out, and work activity.
§ 850.27 Hygiene facilities and practices.
(a) General. The responsible employer
must assure that in areas where workers are exposed to beryllium at or
above the action level, without regard
to the use of respirators:

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Department of Energy

§ 850.29

(1) Food or beverage and tobacco
products are not used;
(2) Cosmetics are not applied, except
in change rooms or areas and shower
facilities required under paragraphs (b)
and (c) of this section; and
(3) Beryllium workers are prevented
from exiting areas that contain beryllium with contamination on their bodies or their personal clothing.
(b) Change rooms or areas. The responsible employer must provide clean
change rooms or areas for beryllium
workers who work in regulated areas.
(1) Separate facilities free of beryllium must be provided for beryllium
workers to change into, and store, personal clothing, and clean protective
clothing and equipment to prevent
cross-contamination;
(2) The change rooms or areas that
are used to remove beryllium-contaminated clothing and protective equipment must be maintained under negative pressure or located so as to minimize dispersion of beryllium into clean
areas; and
(c) Showers and handwashing facilities.
(1) The responsible employer must provide handwashing and shower facilities
for beryllium workers who work in regulated areas.
(2) The responsible employer must assure that beryllium workers who work
in regulated areas shower at the end of
the work shift.
(d) Lunchroom facilities. (1) The responsible
employer
must
provide
lunchroom facilities that are readily
accessible to beryllium workers, and
ensure that tables for eating are free of
beryllium, and that no worker in a
lunchroom facility is exposed at any
time to beryllium at or above the action level.
(2) The responsible employer must assure that beryllium workers do not
enter lunchroom facilities with protective work clothing or equipment unless
the surface beryllium has been removed from clothing and equipment by
HEPA vacuuming or other method that
removes beryllium without dispersing
it.
(e) The change rooms or areas, shower and handwashing facilities, and
lunchroom facilities must comply with
29 CFR 1910.141, Sanitation.

§ 850.28

Respiratory protection.

(a) The responsible employer must
establish a respiratory protection program that complies with the respiratory protection program requirements of 29 CFR 1910.134, Respiratory
Protection.
(b) The responsible employer must
provide respirators to, and ensure that
they are used by, all workers who:
(1) Are exposed to an airborne concentration of beryllium at or above the
action level, or
(2) Are performing tasks for which
analyses indicate the potential for exposures at or above the action level.
(c) The responsible employer must
include in the respiratory protection
program
any
beryllium-associated
worker who requests to use a respirator for protection against airborne
beryllium, regardless of measured exposure levels.
(d) The responsible employer must
select for use by workers:
(1) Respirators approved by the National Institute for Occupational Safety and Health (NIOSH) if NIOSH-approved respirators exist for a specific
DOE task; or
(2) Respirators that DOE has accepted under the DOE Respiratory Protection Acceptance Program if NIOSH-approved respirators do not exist for specific DOE tasks.
§ 850.29 Protective clothing and equipment.
(a) The responsible employer must
provide protective clothing and equipment to beryllium workers and ensure
its appropriate use and maintenance,
where dispersible forms of beryllium
may contact worker’s skin, enter openings in workers’ skin, or contact workers’ eyes, including where:
(1) Exposure monitoring has established that airborne concentrations of
beryllium are at or above the action
level;
(2) Surface contamination levels
measured or presumed prior to initiating work are above the level prescribed in § 850.30;
(3) Surface contamination levels results obtained to confirm housekeeping
efforts are above the level prescribed in
§ 850.30; and

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§ 850.30

10 CFR Ch. III (1–1–16 Edition)

(4) Any beryllium-associated worker
who requests the use of protective
clothing and equipment for protection
against airborne beryllium, regardless
of measured exposure levels.
(b) The responsible employer must
comply with 29 CFR 1910.132, Personal
Protective Equipment General Requirements, when workers use personal
protective clothing and equipment.
(c) The responsible employer must
establish procedures for donning, doffing, handling, and storing protective
clothing and equipment that:
(1) Prevent beryllium workers from
exiting areas that contain beryllium
with contamination on their bodies or
their personal clothing; and
(2) Include beryllium workers exchanging their personal clothing for
full-body protective clothing and footwear before they begin work in regulated areas.
(d) The responsible employer must
ensure that no worker removes beryllium-contaminated protective clothing
and equipment from areas that contain
beryllium, except for workers authorized to launder, clean, maintain, or dispose of the clothing and equipment.
(e) The responsible employer must
prohibit the removal of beryllium from
protective clothing and equipment by
blowing, shaking, or other means that
may disperse beryllium into the air.
(f) The responsible employer must
ensure that protective clothing and
equipment is cleaned, laundered, repaired, or replaced as needed to maintain effectiveness. The responsible employer must:
(1) Ensure that beryllium-contaminated protective clothing and equipment, when removed for laundering,
cleaning, maintenance, or disposal, is
placed in containers that prevent the
dispersion of beryllium dust and that
are labeled in accordance with § 850.38
of this part; and
(2) Inform organizations that launder
or clean DOE beryllium-contaminated
protective clothing or equipment that
exposure to beryllium is potentially
harmful, and that clothing and equipment should be laundered or cleaned in
a manner prescribed by the responsible
employer to prevent the release of airborne beryllium.

§ 850.30

Housekeeping.

(a) Where beryllium is present in
operational areas of DOE facilities, the
responsible employer must conduct
routine surface sampling to determine
housekeeping conditions. Surfaces contaminated with beryllium dusts and
waste must not exceed a removable
contamination level of 3 μg/100 cm2 during non-operational periods. This sampling would not include the interior of
installed closed systems such as enclosures, glove boxes, chambers, or ventilation systems.
(b) When cleaning floors and surfaces
in areas where beryllium is present at
DOE facilities, the responsible employer must clean beryllium-contaminated floors and surfaces using a wet
method, vacuuming or other cleaning
methods, such as sticky tack cloths,
that avoid the production of airborne
dust. Compressed air or dry methods
must not be used for such cleaning.
(c) The responsible employer must
equip the portable or mobile vacuum
units that are used to clean berylliumcontaminated areas with HEPA filters,
and change the filters as often as needed to maintain their capture efficiency.
(d) The responsible employer must
ensure that the cleaning equipment
that is used to clean beryllium-contaminated surfaces is labeled, controlled, and not used for non-hazardous
materials.
§ 850.31

Release criteria.

(a) The responsible employer must
clean beryllium-contaminated equipment and other items to the lowest
contamination level practicable, but
not to exceed the levels established in
paragraphs (b) and (c) of this section,
and label the equipment or other
items, before releasing them to the
general public or a DOE facility for
non-beryllium use, or to another facility for work involving beryllium.
(b) Before releasing beryllium-contaminated equipment or other items to
the general public or for use in a nonberyllium area of a DOE facility, the
responsible employer must ensure that:
(1) The removable contamination
level of equipment or item surfaces
does not exceed the higher of 0.2 μg/100

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§ 850.34

cm 2 or the concentration level of beryllium in soil at the point or release,
whichever is greater;
(2) The equipment or item is labeled
in accordance with § 850.38(b); and
(3) The release is conditioned on the
recipient’s commitment to implement
controls that will prevent foreseeable
beryllium exposure, considering the nature of the equipment or item and its
future use and the nature of the beryllium contamination.
(c) Before releasing beryllium-contaminated equipment or other items to
another facility performing work with
beryllium, the responsible employer
must ensure that:
(1) The removable contamination
level of equipment or item surfaces
does not exceed 3 μg/100 cm 2;
(2) The equipment or item is labeled
in accordance with § 850.38(b); and
(3) The equipment or item is enclosed
or placed in sealed, impermeable bags
or containers to prevent the release of
beryllium dust during handling and
transportation.
§ 850.32

Waste disposal.

(a) The responsible employer must
control the generation of berylliumcontaining waste, and beryllium-contaminated equipment and other items
that are disposed of as waste, through
the application of waste minimization
principles.
(b) Beryllium-containing waste, and
beryllium-contaminated
equipment
and other items that are disposed of as
waste, must be disposed of in sealed,
impermeable bags, containers, or enclosures to prevent the release of beryllium dust during handling and transportation. The bags, containers, and
enclosures that are used for disposal of
beryllium waste must be labeled according to § 850.38.

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§ 850.33

Beryllium emergencies.

(a) The responsible employer must
comply with 29 CFR 1910.120(l) for handling beryllium emergencies related to
decontamination and decommissioning
operations.
(b) The responsible employer must
comply with 29 CFR 1910.120(q) for handling beryllium emergencies related to
all other operations.

§ 850.34 Medical surveillance.
(a) General. (1) The responsible employer must establish and implement a
medical surveillance program for beryllium-associated workers who voluntarily participate in the program.
(2) The responsible employer must
designate a Site Occupational Medical
Director (SOMD) who is responsible for
administering the medical surveillance
program.
(3) The responsible employer must
ensure that the medical evaluations
and procedures required by this section
are performed by, or under the supervision of, a licensed physician who is
familiar with the health effects of beryllium.
(4) The responsible employer must establish, and maintain, a list of beryllium-associated workers who may be
eligible for protective measures under
this part. The list must be:
(i) Based on the hazard assessment,
exposure records, and other information regarding the identity of beryllium-associated workers; and
(ii) Adjusted at regular intervals
based on periodic evaluations of beryllium-associated
workers
performed
under paragraph (b)(2) of this section;
(5) The responsible employer must
provide the SOMD with the information needed to operate and administer
the medical surveillance program, including the:
(i) List of beryllium-associated workers required by paragraph (a)(4) of this
section;
(ii) Baseline inventory;
(iii) Hazard assessment and exposure
monitoring data;
(iv) Identity and nature of activities
or operations on the site that are covered under the CBDPP, related duties
of beryllium-associated workers; and
(v) Type of personal protective equipment used.
(6) The responsible employer must
provide the following information to
the SOMD and the examining physician:
(i) A copy of this rule and its preamble;
(ii) A description of the worker’s duties as they pertain to beryllium exposure;
(iii) Records of the worker’s beryllium exposure; and

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§ 850.34

10 CFR Ch. III (1–1–16 Edition)

(iv) A description of the personal protective and respiratory protective
equipment used by the worker in the
past, present, or anticipated future use.
(b) Medical evaluations and procedures.
The responsible employer must provide, to beryllium-associated workers
who voluntarily participate in the
medical surveillance program, the
medical evaluations and procedures required by this section at no cost and at
a time and place that is reasonable and
convenient to the worker.
(1) Baseline medical evaluation. The responsible employer must provide a
baseline medical evaluation to beryllium-associated workers. This evaluation must include:
(i) A detailed medical and work history with emphasis on past, present,
and anticipated future exposure to beryllium;
(ii) A respiratory symptoms questionnaire;
(iii) A physical examination with
special emphasis on the respiratory
system, skin and eyes;
(iv) A chest radiograph (posterior-anterior, 14 × 17 inches) interpreted by a
National Institute for Occupational
Safety and Health (NIOSH) B-reader of
pneumoconiosis or a board-certified radiologist (unless a baseline chest
radiograph is already on file);
(v) Spirometry consisting of forced
vital capacity (FVC) and forced expiratory volume at 1 second (FEV1);
(vi) A Be-LPT; and
(vii) Any other tests deemed appropriate by the examining physician for
evaluating beryllium-related health effects.
(2) Periodic evaluation. (i) The responsible employer must provide to beryllium workers a medical evaluation annually, and to other beryllium-associated workers a medical evaluation
every three years. The periodic medical
evaluation must include:
(A) A detailed medical and work history with emphasis on past, present,
and anticipated future exposure to beryllium;
(B) A respiratory symptoms questionnaire;
(C) A physical examination with emphasis on the respiratory system;
(D) A Be-LPT; and

(E) Any other medical evaluations
deemed appropriate by the examining
physician for evaluating beryllium-related health effects.
(ii) The responsible employer must
provide to beryllium-associated workers a chest radiograph every five years.
(3) Emergency evaluation. The responsible employer must provide a medical
evaluation as soon as possible to any
worker who may have been exposed to
beryllium because of a beryllium emergency. The medical evaluation must
include the requirements of paragraph
(b)(2) of this section.
(c) Multiple physician review. The responsible employer must establish a
multiple physician review process for
beryllium-associated workers that allows for the review of initial medical
findings,
determinations,
or
recommendations from any medical evaluation conducted pursuant to paragraph (b) of this section.
(1) If the responsible employer selects
the initial physician to conduct any
medical examination or consultation
provided to a beryllium-associated
worker, the worker may designate a
second physician to:
(i) Review any findings, determinations, or recommendations of the initial physician; and
(ii) Conduct such examinations, consultations and laboratory tests, as the
second physician deems necessary to
facilitate this review.
(2) The responsible employer must
promptly notify a beryllium-associated
worker in writing of the right to seek
a second medical opinion after the initial physician provided by the responsible employer conducts a medical examination or consultation.
(3) The responsible employer may
condition its participation in, and payment for, multiple physician review
upon the beryllium-associated worker
doing the following within fifteen (15)
days after receipt of the notice, or receipt of the initial physician’s written
opinion, whichever is later:
(i) Informing the responsible employer in writing that he or she intends
to seek a second medical opinion; and
(ii) Initiating steps to make an appointment with a second physician.

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§ 850.34

(4) If the findings, determinations, or
recommendations of the second physician differ from those of the initial
physician, then the responsible employer and the beryllium-associated
worker must make efforts to encourage
and assist the two physicians to resolve any disagreement.
(5) If, despite the efforts of the responsible employer and the berylliumassociated worker, the two physicians
are unable to resolve their disagreement, then the responsible employer
and the worker, through their respective physicians, must designate a third
physician to:
(i) Review any findings, determinations, or recommendations of the other
two physicians; and
(ii) Conduct such examinations, consultations, laboratory tests, and consultations with the other two physicians, as the third physician deems
necessary to resolve the disagreement
among them.
(6) The SOMD must act consistently
with the findings, determinations, and
recommendations of the third physician, unless the SOMD and the beryllium-associated worker reach an agreement that is consistent with the recommendations of at least one of the
other two physicians.
(d) Alternate physician determination.
The responsible employer and the beryllium-associated worker or the worker’s designated representative may
agree upon the use of any alternate
form of physician determination in lieu
of the multiple physician review process provided by paragraph (c) of this
section, so long as the alternative is
expeditious and at least as protective
of the worker.
(e) Written medical opinion and recommendation. (1) Within two weeks of
receipt of results, the SOMD must provide to the responsible employer a
written, signed medical opinion for
each medical evaluation performed on
each beryllium-associated worker. The
written opinion must take into account the findings, determinations and
recommendations of the other examining physicians who may have examined the beryllium-associated worker.
The SOMD’s opinion must contain:
(i) The diagnosis of the worker’s condition relevant to occupational expo-

sure to beryllium, and any other medical condition that would place the
worker at increased risk of material
impairment to health from further exposure to beryllium;
(ii) Any recommendation for removal
of the worker from DOE beryllium activities, or limitation on the worker’s
activities or duties or use of personal
protective equipment, such as a respirator; and
(iii) A statement that the SOMD or
examining physician has clearly explained to the worker the results of the
medical evaluation, including all tests
results and any medical condition related to beryllium exposure that requires further evaluation or treatment.
(2) The SOMD’s written medical opinion must not reveal specific records,
findings, and diagnoses that are not related to medical conditions that may
be affected by beryllium exposure.
(f) Information provided to the beryllium-associated worker. (1) The SOMD
must provide each beryllium-associated worker with a written medical
opinion containing the results of all
medical tests or procedures, an explanation of any abnormal findings, and
any recommendation that the worker
be referred for additional testing for
evidence of CBD, within 10 working
days after the SOMD’s receipt of the
results of the medical tests or procedures.
(2) The responsible employer must,
within 30 days after a request by a beryllium-associated worker, provide the
worker with the information the responsible employer is required to provide the examining physician under
paragraph (a)(6) of this section.
(g) Reporting. The responsible employer must report on the applicable
OSHA reporting form beryllium sensitization, CBD, or any other abnormal
condition or disorder of workers caused
or aggravated by occupational exposure to beryllium.
(h) Data analysis. (1) The responsible
employer must routinely and systematically analyze medical, job, and exposure data with the aim of identifying
individuals or groups of individuals potentially at risk for CBD and working
conditions that are contributing to
that risk.

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10 CFR Ch. III (1–1–16 Edition)

(2) The responsible employer must
use the results of these analyses to
identify additional workers to whom
the responsible employer must provide
medical surveillance and to determine
the need for additional exposure controls.

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§ 850.35

Medical removal.

(a) Medical removal protection. The responsible employer must offer a beryllium-associated worker medical removal from exposure to beryllium if
the SOMD determines in a written
medical opinion that it is medically
appropriate to remove the worker from
such exposure. The SOMD’s determination must be based on one or more
positive Be-LPT results, chronic beryllium disease diagnosis, an examining
physician’s recommendation, or any
other signs or symptoms that the
SOMD deems medically sufficient to
remove a worker.
(1) Temporary removal pending final
medical determination. The responsible
employer must offer a beryllium-associated worker temporary medical removal from exposure to beryllium on
each occasion that the SOMD determines in a written medical opinion
that the worker should be temporarily
removed from such exposure pending a
final medical determination of whether
the worker should be removed permanently.
(i) In this section, ‘‘final medical determination’’ means the outcome of
the multiple physician review process
or the alternate medical determination
process provided for in paragraphs (c)
and (d) of § 850.34.
(ii) If a beryllium-associated worker
is temporarily removed from beryllium
exposure pursuant to this section, the
responsible employer must transfer the
worker to a comparable job for which
the worker is qualified (or for which
the worker can be trained in a short
period) and where beryllium exposures
are as low as possible, but in no event
at or above the action level.
(iii) The responsible employer must
maintain
the
beryllium-associated
worker’s total normal earnings, seniority, and other worker rights and benefits as if the worker had not been removed.

(iv) If there is no such job available,
the responsible employer must provide
to the beryllium-associated worker the
medical removal protection benefits
specified in paragraph (b)(2) of this section, until a job becomes available or
for one year, whichever comes first.
(2) Permanent medical removal. (i) The
responsible employer must offer a beryllium-associated worker permanent
medical removal from exposure to beryllium if the SOMD determines in a
written medical opinion that the worker should be permanently removed
from exposure to beryllium.
(ii) If a beryllium-associated worker
is removed permanently from beryllium exposure based on the SOMD’s
recommendation pursuant to this section, the responsible employer must
provide the worker the medical removal protection benefits specified in
paragraph (b) of this section.
(3) Worker consultation before temporary or permanent medical removal. If
the SOMD determines that a beryllium-associated worker should be temporarily or permanently removed from
exposure to beryllium, the SOMD
must:
(i) Advise the beryllium-associated
worker of the determination that medical removal is necessary to protect the
worker’s health;
(ii) Provide the beryllium-associated
worker with a copy of this rule and its
preamble, and any other information
the SOMD deems necessary on the
risks of continued exposure to beryllium and the benefits of removal;
(iii) Provide the beryllium-associated
worker the opportunity to have any
questions concerning medical removal
answered; and
(iv) Obtain the beryllium-associated
worker’s signature acknowledging that
the worker has been advised to accept
medical removal from beryllium exposure as provided in this section, and
has been provided with the information
specified in this paragraph, on the benefits of removal and the risks of continued exposure to beryllium.
(4) Return to work after medical removal. (i) The responsible employer,
subject to paragraph (a)(4)(ii) of this
section, must not return a berylliumassociated worker who has been permanently removed under this section to

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§ 850.36

the worker’s former job status unless
the SOMD first determines in a written
medical opinion that continued medical removal is no longer necessary to
protect the worker’s health.
(ii) Not withstanding paragraph (a)(4)
(i) of this section, if, in the SOMD’s
opinion, continued exposure to beryllium will not pose an increased risk to
the
beryllium-associated
worker’s
health, and medical removal is an inappropriate remedy in the circumstances,
the SOMD must fully discuss these
matters with the worker and then, in a
written determination, may authorize
the responsible employer to return the
worker to his or her former job status.
Thereafter, the returned beryllium-associated worker must continue to be
provided with medical surveillance
under § 850.34 of this part.
(b) Medical removal protection benefits.
(1) If a beryllium-associated worker
has been permanently removed from
beryllium exposure pursuant to paragraph (a)(2) of this section, the responsible employer must provide the beryllium-associated worker:
(i) The opportunity to transfer to another position which is available, or
later becomes available, for which the
beryllium-associated worker is qualified (or for which the worker can be
trained in a short period) and where beryllium exposures are as low as possible, but in no event at or above the
action level; or
(ii) If the beryllium-associated worker cannot be transferred to a comparable job where beryllium exposures
are below the action level, a maximum
of 2 years of permanent medical removal protection benefits (specified in
paragraph (b)(2) of this section).
(2) If required by this section to provide medical removal protection benefits, the responsible employer must
maintain the removed worker’s total
normal earnings, seniority and other
worker rights and benefits, as though
the worker had not been removed.
(3) If a removed beryllium-associated
worker files a claim for workers’ compensation payments for a beryllium-related disability, then the responsible
employer must continue to provide
medical removal protection benefits
pending disposition of the claim. The
responsible employer must receive no

credit for the workers’ compensation
payments received by the worker for
treatment related expenses.
(4) The responsible employer’s obligation to provide medical removal protection benefits to a removed beryllium-associated worker is reduced to
the extent that the worker receives
compensation for earnings lost during
the period of removal either from a
publicly- or employer-funded compensation program, or from employment with another employer made possible by virtue of the worker’s removal.
(5) For the purposes of this section,
the requirement that a responsible employer provide medical removal protection benefits is not intended to expand
upon, restrict, or change any rights to
a specific job classification or position
under the terms of an applicable collective bargaining agreement.
(6) The responsible employer may
condition the provision of medical removal protection benefits upon the beryllium-associated worker’s participation in medical surveillance provided
in accordance with § 850.34 of this part.
§ 850.36

Medical consent.

(a) The responsible employer must
provide
each
beryllium-associated
worker with a summary of the medical
surveillance program established in
§ 850.34 at least one week before the
first medical evaluation or procedure
or at any time requested by the worker. This summary must include:
(1) The type of data that will be collected in the medical surveillance program;
(2) How the data will be collected and
maintained;
(3) The purpose for which the data
will be used; and
(4) A description of how confidential
data will be protected.
(b) Responsible employers must also
provide
each
beryllium-associated
worker with information on the benefits and risks of the medical tests and
examinations available to the worker
at least one week prior to any such examination or test, and an opportunity
to have the worker’s questions answered.

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10 CFR Ch. III (1–1–16 Edition)

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(c) The responsible employer must
have the SOMD obtain a beryllium-associated worker’s signature on the informed consent form found in Appendix
A to this part, before performing medical evaluations or any tests.
§ 850.37 Training and counseling.
(a) The responsible employer must
develop and implement a beryllium
training program and ensure participation for:
(1) Beryllium-associated workers;
(2) All other individuals who work at
a site where beryllium activities are
conducted.
(b) The training provided for workers
identified in paragraph (a)(1) of this
section, must:
(1) Be in accordance with 29 CFR
1910.1200, Hazard Communication;
(2) Include the contents of the
CBDPP; and
(3) Include potential health risks to
beryllium worker family members and
others who may come in contact with
beryllium on beryllium workers or beryllium workers’ personal clothing or
other personal items as the result of a
beryllium control failure at a DOE facility.
(c) The training provided for workers
identified in paragraph (a)(2) of this
section must consist of general awareness about beryllium hazards and controls.
(d) The responsible employer must
provide the training required by this
section before or at the time of initial
assignment and at least every two
years thereafter.
(e) The employer must provide retraining when the employer has reason
to believe that a beryllium worker
lacks the proficiency, knowledge, or
understanding needed to work safely
with beryllium, including at least the
following situations:
(1) To address any new beryllium hazards resulting from a change to operations, procedures, or beryllium controls about which the beryllium worker
was not previously trained; and
(2) If a beryllium worker’s performance involving beryllium work indicates that the worker has not retained
the requisite proficiency.
(f) The responsible employer must develop and implement a counseling pro-

gram to assist beryllium-associated
workers who are diagnosed by the
SOMD to be sensitized to beryllium or
to have CBD. This counseling program
must include communicating with beryllium-associated workers concerning:
(1) The medical surveillance program
provisions and procedures;
(2) Medical treatment options;
(3) Medical, psychological, and career
counseling;
(4) Medical benefits;
(5) Administrative procedures and
workers rights under applicable Workers’ Compensation laws and regulations;
(6) Work practice procedures limiting
beryllium-associated worker exposure
to beryllium; and
(7) The risk of continued beryllium
exposure after sensitization.
§ 850.38 Warning signs and labels.
(a) Warning signs. The responsible
employer must post warning signs at
each access point to a regulated area
with the following information:
DANGER
BERYLLIUM CAN CAUSE LUNG DAMAGE
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY

(b) Warning labels. (1) The responsible
employer must affix warning labels to
all containers of beryllium, beryllium
compounds, or beryllium-contaminated
clothing, equipment, waste, scrap, or
debris.
(2) Warning labels must contain the
following information:
DANGER
CONTAMINATED WITH BERYLLIUM
DO NOT REMOVE DUST BY BLOWING OR
SHAKING
CANCER AND LUNG DISEASE HAZARD

(c) Warning signs and labels must be
in accordance with 29 CFR 1910.1200,
Hazard Communication.
§ 850.39 Recordkeeping and use of information.
(a) The responsible employer must
establish
and
maintain
accurate
records of all beryllium inventory information, hazard assessments, exposure measurements, exposure controls,
and medical surveillance.
(b) Heads of DOE Departmental Elements must:

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Pt. 850, App. A

(1) Designate all record series as required under this rule as agency
records and, therefore, subject to all
applicable agency records management
and access laws; and
(2) Ensure that these record series
are retained for a minimum of seventyfive years.
(c) The responsible employer must
convey to DOE or its designee all
record series required under this rule if
the employer ceases to be involved in
the CBDPP.
(d) The responsible employer must
link data on workplace conditions and
health outcomes in order to establish a
basis for understanding the beryllium
health risk.
(e) The responsible employer must
ensure the confidentiality of all workrelated records generated under this
rule by ensuring that:
(1) All records that are transmitted
to other parties do not contain names,
social security numbers or any other
variables, or combination of variables,
that could be used to identify particular individuals; and
(2) Individual medical information
generated by the CBDPP is:
(i) Either included as part of the
worker’s site medical records and
maintained by the SOMD, or is maintained by another physician designated
by the responsible employer;
(ii) Maintained separately from other
records; and
(iii) Used or disclosed by the responsible employer only in conformance
with any applicable requirements imposed by the Americans with Disabilities Act, the Privacy Act of 1974, the
Freedom of Information Act, and any
other applicable law.
(f) The responsible employer must
maintain all records required by this
part in current and accessible electronic systems, which include the ability readily to retrieve data in a format
that maintains confidentiality.
(g) The responsible employer must
transmit all records generated as required by this rule, in a format that
protects the confidentiality of individuals, to the DOE Chief Health, Safety
and Security Officer on request.
(h) The responsible employer must
semi-annually transmit to the Office of
Domestic and International Health

Studies, Office of Environment, Health,
Safety and Security an electronic registry of beryllium-associated workers
that protects confidentiality, and the
registry must include, but is not limited to, a unique identifier, date of
birth, gender, site, job history, medical
screening test results, exposure measurements, and results of referrals for
specialized medical evaluations.
[64 FR 68905, Dec. 8, 1999, as amended at 71
FR 68733, Nov. 28, 2006; 80 FR 5008, Jan. 30,
2015]
EDITORIAL NOTE: At 80 FR 5008, Jan. 30,
2015, § 850.39 was amended; however, the
amendment could not be incorporated due to
inaccurate amendatory instruction.

§ 850.40

Performance feedback.

(a) The responsible employer must
conduct periodic analyses and assessments of monitoring activities, hazards, medical surveillance, exposure reduction and minimization, and occurrence reporting data.
(b) To ensure that information is
available to maintain and improve all
elements of the CBDPP continuously,
the responsible employer must give results of periodic analyses and assessments to the line managers, planners,
worker protection staff, workers, medical staff, and labor organizations representing beryllium-associated workers
who request such information.
APPENDIX A TO PART 850—CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM INFORMED CONSENT FORM
I, lllllll have carefully read and understand the attached information about the
Be-LPT and other medical tests. I have had
the opportunity to ask any questions that I
may have had concerning these tests.
I understand that this program is voluntary and I am free to withdraw at any
time from all or any part of the medical surveillance program. I understand that the
tests are confidential, but not anonymous. I
understand that if the results of any test
suggest a health problem, the examining
physician will discuss the matter with me,
whether or not the result is related to my
work with beryllium. I understand that my
employer will be notified of my diagnosis
only if I have a beryllium sensitization or
chronic beryllium disease. My employer will
not receive the results or diagnoses of any
health conditions not related to beryllium
exposure.

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Pt. 851

10 CFR Ch. III (1–1–16 Edition)

I understand that, if the results of one or
more of these tests indicate that I have a
health problem that is related to beryllium,
additional
examinations
will
be
recommended. If additional tests indicate I do
have a beryllium sensitization or CBD, the
Site Occupational Medical Director may recommend that I be removed from working
with beryllium. If I agree to be removed, I
understand that I may be transferred to another job for which I am qualified (or can be
trained for in a short period) and where my
beryllium exposures will be as low as possible, but in no case above the action level.
I will maintain my total normal earnings,
seniority, and other benefits for up to two
years if I agree to be permanently removed.
I understand that if I apply for another job
or for insurance, I may be requested to release my medical records to a future employer or an insurance company.
I understand that my employer will maintain all medical information relative to the
tests performed on me in segregated medical
files separate from my personnel files, treated as confidential medical records, and used
or disclosed only as provided by the Americans with Disability Act, the Privacy Act of
1974, or as required by a court order or under
other law.
I understand that the results of my medical tests for beryllium will be included in
the Beryllium Registry maintained by DOE,
and that a unique identifier will be used to
maintain the confidentiality of my medical
information. Personal identifiers will not be
included in any reports generated from the
DOE Beryllium Registry. I understand that
the results of my tests and examinations
may be published in reports or presented at
meetings, but that I will not be identified.
I consent to having the following medical
evaluations:
/ / Physical examination concentrating on
my lungs and breathing
/ / Chest X-ray
/ / Spirometry (a breathing test)
/ / Blood test called the beryllium-induced
lymphocyte proliferation test or Be-LPT
/ / Other test(s). Specify:
llllllllllllllllllllllll
Signature of Participant:
llllllllllllllllllllllll
Date: llllll
I have explained and discussed any questions that the employee expressed concerning the Be-LPT, physical examination,
and other medical testing as well as the implications of those tests.
Name of Examining Physician:
llllllllllllllllllllllll
Signature of Examining Physician:
llllllllllllllllllllllll
Dated: llllll

PART 851—WORKER SAFETY AND
HEALTH PROGRAM
Subpart A—General Provisions
Sec.
851.1 Scope and purpose.
851.2 Exclusions.
851.3 Definitions.
851.4 Compliance order.
851.5 Enforcement.
851.6 Petitions for generally applicable rulemaking.
851.7 Request for a binding interpretive ruling.
851.8 Informal requests for information.

Subpart B—Program Requirements
851.10 General requirements.
851.11 Development and approval of worker
safety and health program.
851.12 Implementation.
851.13 Compliance.

Subpart C—Specific Program
Requirements
851.20 Management
responsibilities
and
worker rights and responsibilities.
851.21 Hazard identification and assessment.
851.22 Hazard prevention and abatement.
851.23 Safety and health standards.
851.24 Functional areas.
851.25 Training and information.
851.26 Recordkeeping and reporting.
851.27 Reference sources.

Subpart D—Variances
851.30
851.31
851.32
851.33
851.34

Consideration of variances.
Variance process.
Action on variance requests.
Terms and conditions.
Requests for conferences.

Subpart E—Enforcement Process
851.40 Investigations and inspections.
851.41 Settlement.
851.42 Preliminary notice of violation.
851.43 Final notice of violation.
851.44 Administrative appeal.
851.45 Direction to NNSA contractors.
APPENDIX A TO PART 851—WORKER SAFETY
AND HEALTH FUNCTIONAL AREAS
APPENDIX B TO PART 851—GENERAL STATEMENT OF ENFORCEMENT POLICY
AUTHORITY: 42 U.S.C. 2201(i)(3), (p); 42
U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 U.S.C.
7101 et seq.; 50 U.S.C. 2401 et seq.
SOURCE: 71 FR 6931, Feb. 9, 2006, unless otherwise noted.

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