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The U.S. Occupational Safety and Health Administration has delayed the effective date of its beryllium rule to March 21.
The delay order, filed in the Federal Register and taking effect Wednesday, follows a directive issued by President Donald Trump’s administration on Jan. 20 to freeze federal regulations pending review. The memorandum directed agencies to temporarily postpone for 60 days all regulations that had been published in the Federal Register but had not yet taken effect.
The beryllium rule, which was published in the Federal Register on Jan. 9, will require general industry, construction and shipyard employers to take additional steps to protect an estimated 62,000 workers from serious risks such as lung diseases. The delay will allow OSHA officials the opportunity for further review and consideration of new regulations, according to the notice.
OSHA implemented the delay under the good cause exemption of the Administrative Procedure Act, which normally provides for public comment as part of agency rule-making. The exemption allows federal agencies not to seek public comment if doing so is impracticable, unnecessary and contrary to public interest.
Given that the beryllium rule was previously set to take effect on March 10, the order only extends the effective date by 11 days and does not impact the compliance dates featured in the regulation, according to the notice.
Opponents of the U.S. Occupational Safety and Health Administration’s silica rule continue to press a federal appeals court to reject the regulation, but OSHA’s outgoing head expects the rule to stand.