The heading "New OSHA Regulations" isn't one we get to use very often. After all, OSHA hasn't promulgated a whole lot of new standards in recent years. But OSHA rulemaking is not completely dead. On February 28, after seemingly endless delay, OSHA finally published a new standard addressing a hazardous substance known as hexavalent chromium (Cr(VI)).

The standard establishes a new permissible exposure limit (PEL) for the substance and mandates the use of other protections to guard against CR(VI) hazards. Here's a quick overview of the standard and its requirements.

The Hazard of Hexavalent Chromium

CR(VI) is a metal used to manufacture stainless steel, welding, painting and pigment application, electroplating and other surface coating operations. As documented in two weeks of hearings and five months of commentary, CR(VI) is known to cause lung cancer, asthma, ulcerations of the nasal septum and allergic and contact dermatitis.

Who Is Covered By the New Hexavalent Chromium Standard

The standard covers general industry, construction and shipyards. Exception: It doesn't apply to:

• Exposure during construction activities that involve portland cement; and
• Employers who can demonstrate that exposure levels would not under any anticipated working conditions ever exceed minimum levels (0.5 micrograms per cubic centimeter of air).

What the Hexavalent Chromium Standard Requires

Here are some highlights of the new standard:

Lower PEL: The standard sets the PEL for CR(VI) at 5 micrograms per cubic meter of air, a deep cut from the previous PEL of 52 micrograms.

Compliance Methods: Employers must first institute "effective engineering and work practice controls" to keep workers' exposure to CR(IV) at or below the PEL unless the employer can show those controls are "not feasible." In that case, the employer must only use engineering and work practice controls to cut exposure to the "lowest feasible levels."

Respiratory Protection and PPE: If engineering and work practices don't get exposure levels down to the PEL, employers must provide workers with respiratory protection including respirators under certain conditions. Employers must also provide appropriate protective equipment and clothing at no cost to workers when hazards from eye or skin contact to CR(VI) are or are likely to be present.

Medical Surveillance: Medical surveillance must be offered to workers with signs and symptoms of CR(VI)-related health effects after 30 or more days of exposure to half the PEL for CR(VI) or higher.

Worker Notification and Training: Employers must train workers about the contents of the new standard and make a copy available for them to review. They also have to educate workers about the signs and symptoms of CR(IV)-related health effects and their rights to medical surveillance. Products containing CR(IV) are also subject to the usual Hazard Communication rules regarding labels and MSDS.

Additional Requirements: There are additional requirements for certain types of painting in the aerospace industry.

Conclusion

The final standard took effect 90 days from the official February 28, 2006 publication date. However, the engineering and work practice controls requirements won't become effective until 90 days after that (roughly at the end of this month). You can access the new standard by going to www.osha.gov/pls/oshaweb, clicking on the "Federal Register" box and searching for "hexavalent chromium."

OSHA QUIZ

Recordkeeping & Pre-Existing Conditions

By Glenn Demby

SITUATION

An auto plant worker cuts her finger on the assembly line. For any other worker, this wouldn't be a serious injury. But this worker isn't like other workers. She has a pre-existing condition that prevents her blood from clotting. So, while a "normal" worker would take one day to recover from this injury, this worker misses three days.

QUESTION

How many missed workdays should the employer list on the OSHA 300 - one or three?

ANSWER

Three.

EXPLANATION

The rule is that you list the amount of time the worker actually missed - even if the worker loses more time than a normal worker would have because the injury was aggravated by a pre-existing condition.

However, you don't have to record time that a worker misses for conditions whose signs or symptoms are exhibited at work but are the sole result of non-work related injuries or exposures. For example, if the worker in this case cut her finger at home and missed three days, the injury would be non-recordable.

Source: This example is based on the facts set forth in OSHA Interpretation Letter, Nov. 30, 2005.

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