DLLR's Division of Labor and Industry

 

MOSH Standards Notice 10-1 - Maryland Occupational Safety and Health (MOSH)

   
Subject: Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards: 29 CFR 1910 and 29 CFR 1926
 
Effective Date: November 14, 2010
 
Issuance Date: December 3, 2010
 
Purpose: To require employers to individually notify each affected employee in writing of the results of hexavalent chromium exposures after making an exposure determination, or post the results in an appropriate location accessible to all affected employees.
 
Scope: MOSH-wide
 
Cancellation: None
 
Contact: Chief of MOSH Compliance Services
See MOSH Website for Current Information:
Maryland Occupational Safety and Health (MOSH)
 
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

A.      Background

  1. 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. The court denied the petitions for review on all but one issue. The Third Circuit remanded the employee notification requirements in the standard’s exposure determination provisions for further consideration. More specifically, the court directed the Agency 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. After reviewing the rulemaking record on this issue, and reconsidering the provision in question, OSHA decided to revise the notification requirements, by means of this direct final rule, to require employers to notify employees of the results of all exposure determinations.
  2.  
  3. Effective April 23, 2007, the Commissioner of Labor and Industry adopted federal standards relating to occupational exposure to Hexavalent Chromium. The amendment included the automatic incorporation by reference of future amendments to this standard.

B.       Action

  1. MOSH compliance personnel shall enforce the amendments relating to employee notification of hexavalent chromium exposures, 29 CFR Parts 1910 and 1926.
     
  2. MOSH Compliance and Consultation Supervisors shall ensure that training sessions are conducted on the contents of this notice.

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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