|| Chromium (VI) Inspection Guidelines and Procedures
||August 22, 2008
||December 22 2008
||The purpose of this Instruction
is to provide guidelines and establish uniform inspection
and compliance procedures for the occupational exposure
standards for Hexavalent Chromium.
This Instruction is not a standard, regulation, or any
other type of substantive rule. No statement in this Instruction
should be construed to require the regulated community
to adopt any practices, means, methods, operations, or
processes beyond those which are already required by the
Occupational Safety and Health Act of 1970 (OSH Act) (29
USC § 668) or standards and regulations promulgated under
the OSH Act.
NOTE: OSHA standards incorporated by reference: Code
of Maryland Regulations (COMAR) Maryland Occupational
Safety and Health Act-Incorporated by Reference of Federal
Standards, includes adoption of provisions in 29 CFR 1910,
1926, and 1928.
|| This instruction applies MOSH-wide
|| OSHA Instruction CPL 02-02-074,
January 24, 2008, Inspection Procedures for the Chromium (VI) Standard.
|| Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
|By and Under the Authority of:
||Roger Campbell, Assistant Commissioner
OSHA's new Chromium (VI) Directive addresses enforcement procedures for the new Chromium
(VI) standards published in the Federal Register (FR) on February
28, 2006. On that date, OSHA issued three standards for hexavalent
chromium (also written as chromium (VI) and abbreviated as Cr(VI)),
adding three new sections to the Code of Federal Regulations (CFR)
as Sections 29 CFR 1910.1026,29 CFR 1926.1126, and 29 CFR 1915.1026,
applicable to general industry, construction, and shipyards, respectively.
All three standards were effective May 30, 2006. Employers with
20 or more employees were allowed six months, until a start-up
date of November 27, 2006, to come into compliance with most of
the provisions of the standards. Employers with 19 or fewer employees
were allowed 12 months, until a start-up date of May 30, 2007,
to come into compliance with most of the provisions. All employers
were allowed four years from the effective date, a deadline of
May 31, 2010, to install feasible engineering controls. The general
industry standard, 29 CFR 1910.1026, also includes an appended
settlement agreement with the Surface Finishing Industry Council (SFIC).
This new Instruction
provides policy and guidance to MOSH compliance officers for enforcement
of the general industry and construction Cr(VI) standards. Implementation
of these enforcement procedures shall begin on the effective date
of this Instruction. Special policies are also provided for enforcement
until May 31, 2010, when employers must comply with requirements
for feasible engineering and work practice controls. The new Cr(VI)
standards have lowered the permissible exposure limit (PEL) to
5 µg/m3 and established an action level of 2.5 µg/m3.
Maryland Occupational Safety and Health (MOSH) will implement the enforcement policies
and procedures that resulted from the settlement agreements with
OSHA and the Surface Finishing Industry Council (SFIC) and the
National Association of Manufactures (NAM).
MOSH has established enforcement policies and procedures regarding portland cement
on construction sites (see MOSH Instruction
07-10, Portland Cement Inspection Procedures on Construction Sites, January 18, 2008).
1. Compliance and Consultation Supervisors shall ensure that training sessions are
conducted on this Instruction.
2. The Assistant Commissioner or authorized representative shall ensure compliance
with the attached guidelines for enforcement.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing
Office of Administrative Hearings
- On October 25, 2006, OSHA settled with the Surface Finishing
Industry Council (SFIC), resulting in special enforcement policies
and procedures for participant electroplating facilities in
Federal states. States are encouraged to honor and implement
the terms of the SFIC Settlement Agreement, including the standard's
amendment, or to enter into separate arrangements with surface-
and metal-finishing job shops (or their representatives) in their jurisdiction.
- On April 6, 2007, OSHA settled with the Building and Construction Trades Department
(BCTD), AFL-CIO, Laborers' International Union of North America,
and International Brotherhood of Teamsters, resulting in special
enforcement procedures for construction site inspections where
employees are exposed to portland cement. States are required
to establish enforcement policies and procedures regarding portland
cement which are at least as effective as those in the BCTD
Settlement Agreement, which are explained in Appendix C of this Instruction.
- On May 21, 2007, OSHA settled with the National Association of Manufacturers
(NAM) and the Specialty Steel Industry of North America (SSINA).
The NAM Settlement Agreement resulted in a letter of interpretation
concerning, among other issues, the feasibility of implementing
engineering controls for welding on stainless steel inside confined
and enclosed spaces. State interpretations are expected to be
at least as effective as the Federal letter of interpretation.
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Procedures for the Chromium (VI) Standards
II. Interface with Other Standards.
III. Drafting MOSH Citations for Cr(VI) Violations.
IV. Training for MOSH Personnel
V. Medical Examinations for MOSH Personnel
VI. Protection of MOSH Personnel
List of Appendices
Appendix A. START-UP DATES AND INTERIM ENFORCEMENT POLICIES FOR CHROMIUM (VI) STANDARDS
Appendix B. CR(VI) COMPOUNDS AND TYPICAL INDUSTRIES/OPERATIONS WITH CR(VI) EXPOSURES
Appendix C. EXCLUSIONS IN THE CHROMIUM (VI) STANDARDS
Appendix D. ACRONYMS