Skip to page content
Secretary of Labor Hilda L. Solis
 

OSHA Unified Agenda - [Proposed Rule Stage]

RIN: 1218-AC43

Publication ID: Fall 2009 

Title: Occupational Exposure to Hexavalent Chromium; Final Rule Remand 

Abstract: On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI)) (29 CFR 1910.1026, 29 CFR 1915.1026, 29 CFR 1926.1126). 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 provide an explanation for its decision to limit employee notice requirements to circumstances in which Cr(VI) exposures exceed the permissible exposure limit (PEL) or to take other appropriate action with respect to that paragraph of the standard. After carefully reviewing the rulemaking record on this issue, OSHA has 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, regardless of exposure level. 

Agency: Department of Labor(DOL) 

Priority: Substantive, Nonsignificant 

RIN Status: Previously published in the Unified Agenda

Agenda Stage of Rulemaking: Proposed Rule Stage 

Major: No 

Unfunded Mandates: No 

CFR Citation: 29 CFR 1910.1026(d)(4); 29 CFR 1915.1026(d)(4); 29 CFR 1926.1126(d)(4) 

Legal Authority: 29 USC 655(b) 

Legal Deadline:  None

Timetable:
Action Date FR Cite

Respond to Remand 

09/30/2009 

 

NPRM 

02/00/2010 

 

Direct Final Rule 

02/00/2010 

 

Additional Information: This regulation was previously report as 1218-AB45. A NPRM was published 10/4/2004 (69 FR 53905), and a final was published 2/28/2006 (71 FR 10100).

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: Local, State 

Federalism: No 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: No 

Related RINs: Previously reported as 1218-AB45 

Agency Contact:
Dorothy Dougherty
Director, Directorate of Standards and Guidance
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone:202 693-1950
Fax:202 693-1678
Email: dougherty.dorothy@dol.gov