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GAO-17-359R 1 (2017-03-20)

handle is hein.gao/gaobadtbe0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-328744 March 20, 2017 The Honorable Lamar Alexander Chairman The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Virginia Foxx Chairwoman The Honorable Bobby Scott Ranking Member Committee on Education and the Workforce House of Representatives Subject: Department of Labor, Occupational Safety and Health Administration: Occupational Exposure to Beryllium Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is a revised report on a major rule promulgated by the Department of Labor, Occupational Safety and Health Administration (OSHA), entitled Occupational Exposure to Beryllium (RIN: 1218-AB76). We received the rule on January 11, 2017, and, according to the Congressional Record, Congress received it on January 10, 2017. It was published in the Federal Register as a final rule on January 9, 2017, with an effective date of March 10, 2017. 82 Fed. Reg. 2470. We prepared an initial report on the rule, dated January 25, 2017, which stated that the rule did not meet the 60-day delay in effective date requirement of 5 U.S.C. § 801(a)(3)(A). However, subsequent to issuing our initial report, OSHA provided us with a signed and dated Congressional Review Act delivery receipt showing delivery to Congress actually occurred on January 9, 2017, rather than on January 10, 2017, as reflected in the Congressional Record. Based on that record, we are revising our report to remove indications that OSHA had not complied with the 60-day delay in effective date requirement. The final rule establishes new permissible exposure limits of 0.2 micrograms of beryllium per cubic meter of air as an 8-hour time-weighted average and 2.0 micrograms of beryllium per cubic meter of air as a short-term exposure limit determined over a sampling period of 15 minutes. The final rule also includes other provisions to protect employees, such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, housekeeping, medical surveillance, hazard communication, and recordkeeping. Enclosed is our assessment of OSHA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps taken indicates that OSHA complied with the applicable requirements. GAO-17-359R

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