THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 7  Issue 1, Article 4.  January, 2005

 On April 2, 2003, the U.S. Court of Appeals for the Third Circuit directed Federal OSHA to publish a proposed hexavalent chromium rule no later than October 4, 2004 and a final standard no later than January 18, 2006. The Court issued the ruling to resolve a suit from Public Citizen Health Research Group seeking to require OSHA to promulgate a new standard on this type of chromium.

Hexavalent chromium (CrVI) occurs only rarely in the natural environment; most Cr(VI) compounds are manmade. Cr(VI) is most commonly used as a structural and anti-corrosive element in the production of stainless steel and other alloys, and in electroplating, welding and painting. Cr(VI) may also be found as an impurity in Portland cement. Exposures to the metal have been associated primarily with lung cancer, severe respiratory irritation, and dermatoses. Exposure to water-soluble forms can also result in liver and kidney effects.

The proposed chromium standard (Federal Register, October 4, 2004) is patterned after other comprehensive standards (e.g., arsenic, cadmium and lead) and include requirements for worker training, medical surveillance, exposure assessments, engineering and work practice controls, and personal protective equipment.

Of particular interest is that OSHA has made a preliminary determination to exclude Cr(VI) exposures due to work with Portland cement from the scope of the construction standard. OSHA believes that guidance efforts by the Agency may be more suitable for addressing the dermal hazards associated with Portland cement use in construction settings. OSHA’s Advisory Committee for Construction Safety and Health (ACCSH) advised OSHA to include construction cement work under the proposed standard because of the known hazards associated with wet cement and the large number of workers exposed to wet cement in construction work settings. OSHA has proposed to include exposure to Cr(VI) from Portland cement in the scope of the standard for general industry. OSHA believes that the potential for airborne exposure to Cr(VI) in general industry due to work with Portland cement is higher than in the construction industry.

The proposed standards include a Permissible Exposure Limit of 0.5 ug/m³ (0.0005 mg/m³) and an Action Level of 0.1 ug/m³ (0.0001 mg/m³). These limits are 100 times lower than the current Cal/OSHA limits (0.05 mg/m³ for soluble and 0.01 mg/m³ for insoluble compounds). And, using standard analytical methods, detection of chromium VI at these levels requires significantly larger air sample volumes than currently required.

Currently, worker exposures to chromium (including hexavalent chromium and others) are regulated by Cal/OSHA through general requirements for controlling worker exposures (Title 8 CCR 5141, 5144, 5194, etc) and established Permissible Exposure Limits (Title 8 CCR 5155). It is likely that Cal/OSHA will, as required, mirror any regulatory changes promulgated by Federal OSHA within 6 months of promulgation.

Comments on the proposed standard must be submitted to OSHA by January 3, 2005. We will continue to follow the progress of the standard and provide periodic updates.