The Occupational Safety and Health Administration (OSHA) March 17 finalized a revision to the notification requirements under the
February 2006 hexavalent chromium final rule that requires employers to notify workers of all exposure findings regardless of whether the finding is above the permissible exposure limit.
The revision was implemented by OSHA as the result of a February 2009 court decision by the U.S. Court of Appeals for the Third Circuit. The court directed OSHA to either justify its requirement that employers only have to notify employees when the hexavalent chromium levels exceeded the permissible limit of 5 micrograms per cubic meter of air or to rectify concerns. Instead of lowering the permissible exposure limit to one microgram as suggested, OSHA amended the final rule to require stricter employer reporting requirements. The
court-ordered revision will go into effect June 15.
Prior to updating the hexavalent chromium final rule, OSHA Feb. 23 announced that it is implementing a
national emphasis program (NEP) focused on hexavalent chromium exposure as well as toxic substances that often occur in conjunction with hexavalent chromium.
The NEP, designed to encourage compliance with the updated standards, will focus on industries where hexavalent chromium overexposures frequently occur, including construction, and will apply to all businesses, including those with fewer than 10 employees.
The list of targeted sites will be compiled by OSHA’s Directorate of Evaluation and Analysis and supplied to the area offices. Under the NEP, compliance officers are asked to consider workers’ exposure during activities such as regular operations; setup and preparation for regulation operations; cleaning; maintenance; implementation of engineering controls; use of personal protective equipment; medical surveillance programs; and training and education. If the compliance officer notices any safety hazards, the site may be referred to an OSHA inspector for follow up.
For more information on hexavalent chromium compliance, visit
OSHA’s website.