Century Aluminum asked OSHA whether areas of its aluminum smelting facility outside designated break rooms would become regulated 'eating and drinking areas' under the Beryllium standard (29 CFR 1910.1024(i)(4)) if employees consumed hydrating liquids and solids there to prevent heat-related illness. The materials in those areas contain less than 0.1 percent beryllium by weight.
OSHA confirmed the definitional point: if employees consume food and beverages in areas other than designated break rooms where beryllium is present, those areas do qualify as 'eating and drinking areas' under the standard. But OSHA then explained why that did not create a violation in this case. The standard requires that 'beryllium-contaminated surfaces in eating and drinking areas be kept as free of beryllium as practicable,' and because the dust fell below the 0.1% by weight threshold that defines 'beryllium-contaminated,' the requirement in 29 CFR 1910.1024(i)(4)(i) and (ii) did not apply.
OSHA reached a similar conclusion under the Sanitation standard: since beryllium levels were insufficient to constitute a 'toxic material' under applicable exposure limits, the prohibition on consuming food in areas exposed to toxic materials (29 CFR 1910.141(g)(2)) would not be violated. Notably, OSHA also recommended the company go beyond hydration and implement a comprehensive heat illness prevention program including rest breaks, acclimatization, and training.