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DLLR's Division of Labor and Industry

 

MOSH Instruction 10-14 - Maryland Occupational Safety and Health (MOSH) Instructions

 
Subject: National Emphasis Program - Hexavalent Chromium
   
Effective Date: December 20, 2010
   
Issuance Date:  
 
Cancellation: None
   
Expiration Date: December 20, 2010
   
Purpose: This Instruction describes policies and procedures for implementing a National Emphasis Program (NEP) to identify and reduce or eliminate the health hazards associated with occupational exposure to hexavalent chromium and other toxic substances often found in conjunction with hexavalent chromium.
 
Scope: This Instruction applies MOSH-wide.
   
References: OSHA Instruction CPL 02-02-076, National Emphasis Program - Hexavalent Chromium, February 23, 2010
   
Contact: Chief of MOSH Compliance Services
10946 Golden West Drive, Suite 160
Hunt Valley, MD. 21031
410-527-4499
   
By and Under the Authority of: Eric Uttenreither, Assistant Commissioner
 

Summary

CIn 2006, OSHA issued updated standards regulating workplace exposures to hexavalent chromium in general industry, construction, and maritime. This Instruction establishes MOSH's participation in OSHA's NEP in general industry and construction that focuses on the health hazards presented to workers by occupational exposure to hexavalent chromium and a number of other toxic substances often found in conjunction with hexavalent chromium. This Instruction contains directions for identifying and inspecting workplaces where workers are likely to be exposed to hexavalent chromium and other toxic substances, as well as relevant procedures and plans for compliance assistance.

Actions

  1. The Assistant Commissioner or authorized representative shall ensure compliance with this Instruction.
  2. Compliance and Consultation supervisors shall ensure that this instruction is reviewed with all Compliance Safety and Health Officers (CSHOs).
  3. Inspections under this NEP will focus on industries where overexposures to hexavalent chromium are known to occur. MOSH will conduct at least five (5) inspections under this NEP each year.
  4. Inspection under this NEP will be conducted in accordance with OSHA Instruction CPL 02-02-076, National Emphasis Program - Hexavalent Chromium, February 23, 2010, §§ XII.A.3 through XII.G and Appendices.

Definitions

"Chromium (VI) [hexavalent chromium or CR(VI)]" means chromium with a valence of positive six, in any form or chemical compound in which it occurs. This term includes Cr(VI) in all states of matter, in any solution or other mixture, even if encapsulated by other substances. The term also includes Cr(VI) created by an industrial process, such as when welding of stainless steel generates Cr(VI) fume.

National Emphasis Program Goals

The purpose of this NEP is to significantly reduce the number of workers who are exposed to hexavalent chromium and the toxic substances listed in Appendix C at levels that exceed applicable OSHA permissible exposure limits (PELs) and to control the health hazards associated with such exposures. This goal will be accomplished by a combined effort of inspection targeting, outreach, and compliance assistance.

Inspections will target industries and facilities that are likely to have workers exposed to the health hazards covered by this NEP. To ensure abatement and to measure the effectiveness of this NEP, follow-up inspections shall be conducted as outlined in Section XII.D of OSHA's CPL 02-02-076 NEP CR(VI), 02/23/10.

Program Procedures

Inspections under this NEP will generally focus on industries where over exposures to hexavalent chromium are known to occur. Establishments with less than 10 employees shall be included in this NEP.

The MOSH central office will generate the master list for this NEP using Harris Infosource Selectory of industries in Maryland.

Each establishment on the list will be assigned a sequential number. The list will be randomized using random number tables. The central office will create inspection cycles of five (5) or more establishments. Subsequent cycles will be created in the same way until the expiration of the NEP or until all establishments on the list have been assigned a cycle.

The central office shall delete from the master list for a current inspection cycle any facilities which they know are not likely to have Cr(VI) hazards or are out of business. In addition, facilities that have had health inspections in the preceding two years addressing hazards covered by this NEP shall be deleted from the master list provided that no citations were issued for Cr(VI) or the substances listed in Appendix C of OSHA's CPL 02-02-076, NEP-Cr(VI), 02/23/10, or that such citation(s) were issued but either a follow-up inspection documented tangible, appropriate, and effective efforts to abate any serious hazards cited or MOSH received notice of, and confirmed abatement of, any serious hazards cited.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings

 
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