An Occupational Safety and Health Administration (OSHA)
final rule requiring employers to notify workers of all hexavalent chromium exposure findings regardless of whether the finding is above the permissible exposure limit (PEL) is scheduled to go into effect June 15.
The final rule is a revision to the notification requirements under the February 2006 hexavalent chromium rule and was implemented 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.
Under the final rule, when employers run required tests to determine the 8-hour time weighted average exposure for each employee that comes in contact with hexavalent chromium, that employer must make the results available to each employee even if the employees are not exposed to levels above the PEL.
In addition to the final rule, OSHA is implementing a
national emphasis program focused on hexavalent chromium and toxic substances that often occur alongside it. The NEP will apply to all businesses, including those with fewer than 10 employees.