CFR 174B - Hexavalent Chromium

On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI)). Public Citizen Health Research Group (Public Citizen) and other parties petitioned for review of the standard in the United States Court of Appeals for the Third Circuit (Refer to the 03/17/2010 Federal Register and 05/14/2010 Federal Register) for the details related to these requirements. The court denied the petitions for all but one issue. The Third Circuit court directed OSHA to either provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the permissible exposure limit (PEL) or take other appropriate action with respect to that paragraph of the standard.

Following a review of the rulemaking record on this issue and the provision in question, OSHA has decided to revise the notification requirements, by means of a direct final rule (DFR), to require employers to notify employees of the results of all exposure determinations. Confirmation of the effective date of the DFR was published on May 14, 2010.

The N.C. Commissioner of Labor adopted this direct final rule verbatim with an effective date of July 1, 2010.