THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 8  Issue 2, Article 1.  May, 2006

  Hexavalent Chromium Standard
Tim Bormann, CIH

Federal OSHA has passed a standard (CFR 1910.1026) for hexavalent chromium also known as Cr(VI) which becomes effective May 30, 2006. However, The Cohen Group has learned at the time of publication of this newsletter that the standard has been challenged and may likely be stayed. If the Fed-OSHA standard does go into effect, Cal/OSHA will have six months to adopt an equivalent regulation. According to Cal/OSHA, the federal standard will likely be adopted verbatim possibly in August. After adoption, California will further review the standard for any issues unique to the State that may require further requirements. It is unlikely that Cal/OSHA would adopt the standard until decisions have been reached on all of the challenges.

Hexavalent chromium is used in a variety of industrial activities, including the manufacture of stainless steel, welding, painting, pigment application, electroplating and other surface coating processes. Fed-OSHA has excluded exposures to Portland cement from the standard. Fed-OSHA has adopted separate standards that cover general industry, construction and shipyards. The standard does not apply to other forms of chromium, such as trivalent chromium (Cr(III)). If there is welding at your workplace, you are likely affected by this standard and should begin your evaluation of exposures.

OSHA determined the new standard is necessary to reduce significant health effects posed by occupational exposure to Cr(VI) such as lung cancer, nasal septum ulcerations and perforations, and dermatitis.

The revised permissible exposure limit (PEL) is set to reduce significant health effects of Cr(VI) exposure by lowering the airborne limit from 52 micrograms per cubic meter of air (ug/m³) to 5 ug/m³ as an 8-hour time-weighted average. The current Cal/OSHA PEL is a ceiling limit of 0.1 mg/m³ (100 ug/m³). In addition the federal standard has established an action level of 2.5 ug/m³.

The final federal OSHA rule contains requirements for worker protection such as exposure determination, preferred exposure control methods, respiratory protection, protective clothing and equipment, hygiene areas and work practices, medical surveillance, recordkeeping, and start-up dates that include four years for the implementation of engineering controls to meet the PEL.

Given the significant PEL reduction required by the new standard, federal OSHA is providing a transition period for compliance to the standard depending on the size of the employer. For employers with 20 or more employees, requirements of the standard (except engineering controls), commence in 6 months after the effective date of the standard. For employers with less than 20 employees the requirements commence in one year. Engineering controls required by the standard must be implemented no later than 4 years after the effective date. It is unclear whether Cal/OSHA would adopt the same phase-in approach.

The Cohen Group will keep you informed of the status of the federal standard and its impact on California. In the meantime, if you have any questions on the standard or would like us the review how that standard may affect your operations, including air monitoring, give us a call.