[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1026]
[Page 132-138]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)--Table of
Contents
Subpart Z_Toxic and Hazardous Substances
Sec. 1910.1026 Chromium (VI).
(a) Scope. (1) This standard applies to occupational exposures to
chromium (VI) in all forms and compounds in general industry, except:
(2) Exposures that occur in the application of pesticides regulated
by the Environmental Protection Agency or another Federal government
agency (e.g., the treatment of wood with preservatives);
(3) Exposures to portland cement; or
(4) Where the employer has objective data demonstrating that a
material containing chromium or a specific process, operation, or
activity involving chromium cannot release dusts, fumes, or mists of
chromium (VI) in concentrations at or above 0.5 [mu]g/m\3\ as an 8-hour
time-weighted average (TWA) under any expected conditions of use.
(b) Definitions. For the purposes of this section the following
definitions apply:
Action level means a concentration of airborne chromium (VI) of 2.5
micrograms per cubic meter of air (2.5 [mu]g/m\3\) calculated as an 8-
hour time-weighted average (TWA).
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a
valence of positive six, in any form and in any compound.
Director means the Director of the National Institute for
Occupational Safety and Health (NIOSH), U.S. Department of Health and
Human Services, or designee.
Emergency means any occurrence that results, or is likely to result,
in an uncontrolled release of chromium (VI). If an incidental release of
chromium (VI) can be controlled at the time of release by employees in
the immediate release area, or by maintenance personnel, it is not an
emergency.
Employee exposure means the exposure to airborne chromium (VI) that
would occur if the employee were not using a respirator.
High-efficiency particulate air [HEPA] filter means a filter that is
at least 99.97 percent efficient in removing mono-dispersed particles of
0.3 micrometers in diameter or larger.
Historical monitoring data means data from chromium (VI) monitoring
conducted prior to May 30, 2006, obtained during work operations
conducted under workplace conditions closely resembling the processes,
types of material, control methods, work practices, and environmental
conditions in the employer's current operations.
Objective data means information such as air monitoring data from
industry-wide surveys or calculations based on the composition or
chemical and physical properties of a substance demonstrating the
employee exposure to chromium (VI) associated with a particular product
or material or a specific process, operation, or activity. The data must
reflect workplace conditions closely resembling the processes, types of
material, control methods, work practices, and environmental conditions
in the employer's current operations.
Physician or other licensed health care professional [PLHCP] is an
individual whose legally permitted scope of practice (i.e., license,
registration, or certification) allows him or her to independently
provide or be delegated the responsibility to provide some or all of the
particular health care services required by paragraph (k) of this
section.
[[Page 133]]
Regulated area means an area, demarcated by the employer, where an
employee's exposure to airborne concentrations of chromium (VI) exceeds,
or can reasonably be expected to exceed, the PEL.
This section means this Sec. 1910.1026 chromium (VI) standard.
(c) Permissible exposure limit (PEL). The employer shall ensure that
no employee is exposed to an airborne concentration of chromium (VI) in
excess of 5 micrograms per cubic meter of air (5 [mu]g/m\3\), calculated
as an 8-hour time-weighted average (TWA).
(d) Exposure determination. (1) General. Each employer who has a
workplace or work operation covered by this section shall determine the
8-hour TWA exposure for each employee exposed to chromium (VI). This
determination shall be made in accordance with either paragraph (d)(2)
or paragraph (d)(3) of this section.
(2) Scheduled monitoring option. (i) The employer shall perform
initial monitoring to determine the 8-hour TWA exposure for each
employee on the basis of a sufficient number of personal breathing zone
air samples to accurately characterize full shift exposure on each
shift, for each job classification, in each work area. Where an employer
does representative sampling instead of sampling all employees in order
to meet this requirement, the employer shall sample the employee(s)
expected to have the highest chromium (VI) exposures.
(ii) If initial monitoring indicates that employee exposures are
below the action level, the employer may discontinue monitoring for
those employees whose exposures are represented by such monitoring.
(iii) If monitoring reveals employee exposures to be at or above the
action level, the employer shall perform periodic monitoring at least
every six months.
(iv) If monitoring reveals employee exposures to be above the PEL,
the employer shall perform periodic monitoring at least every three
months.
(v) If periodic monitoring indicates that employee exposures are
below the action level, and the result is confirmed by the result of
another monitoring taken at least seven days later, the employer may
discontinue the monitoring for those employees whose exposures are
represented by such monitoring.
(vi) The employer shall perform additional monitoring when there has
been any change in the production process, raw materials, equipment,
personnel, work practices, or control methods that may result in new or
additional exposures to chromium (VI), or when the employer has any
reason to believe that new or additional exposures have occurred.
(3) Performance-oriented option. The employer shall determine the 8-
hour TWA exposure for each employee on the basis of any combination of
air monitoring data, historical monitoring data, or objective data
sufficient to accurately characterize employee exposure to chromium
(VI).
(4) Employee notification of determination results. (i) Where the
exposure determination indicates that employee exposure exceeds the PEL,
within 15 working days the employer shall either post the results in an
appropriate location that is accessible to all affected employees or
shall notify each affected employee individually in writing of the
results.
(ii) Whenever the exposure determination indicates that employee
exposure is above the PEL, the employer shall describe in the written
notification the corrective action being taken to reduce employee
exposure to or below the PEL.
(5) Accuracy of measurement. Where air monitoring is performed to
comply with the requirements of this section, the employer shall use a
method of monitoring and analysis that can measure chromium (VI) to
within an accuracy of plus or minus 25 percent (
25%) and can produce accurate measurements to within a statistical
confidence level of 95 percent for airborne concentrations at or above
the action level.
(6) Observation of monitoring. (i) Where air monitoring is performed
to comply with the requirements of this section, the employer shall
provide affected employees or their designated representatives an
opportunity to observe any monitoring of employee exposure to chromium
(VI).
[[Page 134]]
(ii) When observation of monitoring requires entry into an area
where the use of protective clothing or equipment is required, the
employer shall provide the observer with clothing and equipment and
shall assure that the observer uses such clothing and equipment and
complies with all other applicable safety and health procedures.
(e) Regulated areas. (1) Establishment. The employer shall establish
a regulated area wherever an employee's exposure to airborne
concentrations of chromium (VI) is, or can reasonably be expected to be,
in excess of the PEL.
(2) Demarcation. The employer shall ensure that regulated areas are
demarcated from the rest of the workplace in a manner that adequately
establishes and alerts employees of the boundaries of the regulated
area.
(3) Access. The employer shall limit access to regulated areas to:
(i) Persons authorized by the employer and required by work duties
to be present in the regulated area;
(ii) Any person entering such an area as a designated representative
of employees for the purpose of exercising the right to observe
monitoring procedures under paragraph (d) of this section; or
(iii) Any person authorized by the Occupational Safety and Health
Act or regulations issued under it to be in a regulated area.
(f) Methods of compliance. (1) Engineering and work practice
controls. (i) Except as permitted in paragraph (f)(1)(ii) and paragraph
(f)(1)(iii) of this section, the employer shall use engineering and work
practice controls to reduce and maintain employee exposure to chromium
(VI) to or below the PEL unless the employer can demonstrate that such
controls are not feasible. Wherever feasible engineering and work
practice controls are not sufficient to reduce employee exposure to or
below the PEL, the employer shall use them to reduce employee exposure
to the lowest levels achievable, and shall supplement them by the use of
respiratory protection that complies with the requirements of paragraph
(g) of this section.
(ii) Where painting of aircraft or large aircraft parts is performed
in the aerospace industry, the employer shall use engineering and work
practice controls to reduce and maintain employee exposure to chromium
(VI) to or below 25 [mu]g/m\3\ unless the employer can demonstrate that
such controls are not feasible. The employer shall supplement such
engineering and work practice controls with the use of respiratory
protection that complies with the requirements of paragraph (g) of this
section to achieve the PEL.
(iii) Where the employer can demonstrate that a process or task does
not result in any employee exposure to chromium (VI) above the PEL for
30 or more days per year (12 consecutive months), the requirement to
implement engineering and work practice controls to achieve the PEL does
not apply to that process or task.
(2) Prohibition of rotation. The employer shall not rotate employees
to different jobs to achieve compliance with the PEL.
(g) Respiratory protection. (1) General. The employer shall provide
respiratory protection for employees during:
(i) Periods necessary to install or implement feasible engineering
and work practice controls;
(ii) Work operations, such as maintenance and repair activities, for
which engineering and work practice controls are not feasible;
(iii) Work operations for which an employer has implemented all
feasible engineering and work practice controls and such controls are
not sufficient to reduce exposures to or below the PEL;
(iv) Work operations where employees are exposed above the PEL for
fewer than 30 days per year, and the employer has elected not to
implement engineering and work practice controls to achieve the PEL; or
(v) Emergencies.
(2) Respiratory protection program. Where respirator use is required
by this section, the employer shall institute a respiratory protection
program in accordance with 29 CFR 1910.134.
(h) Protective work clothing and equipment. (1) Provision and use.
Where a hazard is present or is likely to be present from skin or eye
contact with chromium (VI), the employer shall provide
[[Page 135]]
appropriate personal protective clothing and equipment at no cost to
employees, and shall ensure that employees use such clothing and
equipment.
(2) Removal and storage. (i) The employer shall ensure that
employees remove all protective clothing and equipment contaminated with
chromium (VI) at the end of the work shift or at the completion of their
tasks involving chromium (VI) exposure, whichever comes first.
(ii) The employer shall ensure that no employee removes chromium
(VI)-contaminated protective clothing or equipment from the workplace,
except for those employees whose job it is to launder, clean, maintain,
or dispose of such clothing or equipment.
(iii) When contaminated protective clothing or equipment is removed
for laundering, cleaning, maintenance, or disposal, the employer shall
ensure that it is stored and transported in sealed, impermeable bags or
other closed, impermeable containers.
(iv) Bags or containers of contaminated protective clothing or
equipment that are removed from change rooms for laundering, cleaning,
maintenance, or disposal shall be labeled in accordance with the
requirements of the Hazard Communication Standard, 29 CFR 1910.1200.
(3) Cleaning and replacement. (i) The employer shall clean, launder,
repair and replace all protective clothing and equipment required by
this section as needed to maintain its effectiveness.
(ii) The employer shall prohibit the removal of chromium (VI) from
protective clothing and equipment by blowing, shaking, or any other
means that disperses chromium (VI) into the air or onto an employee's
body.
(iii) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with chromium (VI) of the
potentially harmful effects of exposure to chromium (VI) and that the
clothing and equipment should be laundered or cleaned in a manner that
minimizes skin or eye contact with chromium (VI) and effectively
prevents the release of airborne chromium (VI) in excess of the PEL.
(i) Hygiene areas and practices. (1) General. Where protective
clothing and equipment is required, the employer shall provide change
rooms in conformance with 29 CFR 1910.141. Where skin contact with
chromium (VI) occurs, the employer shall provide washing facilities in
conformance with 29 CFR 1910.141. Eating and drinking areas provided by
the employer shall also be in conformance with Sec. 1910.141.
(2) Change rooms. The employer shall assure that change rooms are
equipped with separate storage facilities for protective clothing and
equipment and for street clothes, and that these facilities prevent
cross-contamination.
(3) Washing facilities. (i) The employer shall provide readily
accessible washing facilities capable of removing chromium (VI) from the
skin, and shall ensure that affected employees use these facilities when
necessary.
(ii) The employer shall ensure that employees who have skin contact
with chromium (VI) wash their hands and faces at the end of the work
shift and prior to eating, drinking, smoking, chewing tobacco or gum,
applying cosmetics, or using the toilet.
(4) Eating and drinking areas. (i) Whenever the employer allows
employees to consume food or beverages at a worksite where chromium (VI)
is present, the employer shall ensure that eating and drinking areas and
surfaces are maintained as free as practicable of chromium (VI).
(ii) The employer shall ensure that employees do not enter eating
and drinking areas with protective work clothing or equipment unless
surface chromium (VI) has been removed from the clothing and equipment
by methods that do not disperse chromium (VI) into the air or onto an
employee's body.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in
regulated areas, or in areas where skin or eye contact with chromium
(VI) occurs; or carry the products associated with these activities, or
store such products in these areas.
(j) Housekeeping. (1) General. The employer shall ensure that:
(i) All surfaces are maintained as free as practicable of
accumulations of chromium (VI).
[[Page 136]]
(ii) All spills and releases of chromium (VI) containing material
are cleaned up promptly.
(2) Cleaning methods. (i) The employer shall ensure that surfaces
contaminated with chromium (VI) are cleaned by HEPA-filter vacuuming or
other methods that minimize the likelihood of exposure to chromium (VI).
(ii) Dry shoveling, dry sweeping, and dry brushing may be used only
where HEPA-filtered vacuuming or other methods that minimize the
likelihood of exposure to chromium (VI) have been tried and found not to
be effective.
(iii) The employer shall not allow compressed air to be used to
remove chromium (VI) from any surface unless:
(A) The compressed air is used in conjunction with a ventilation
system designed to capture the dust cloud created by the compressed air;
or
(B) No alternative method is feasible.
(iv) The employer shall ensure that cleaning equipment is handled in
a manner that minimizes the reentry of chromium (VI) into the workplace.
(3) Disposal. The employer shall ensure that:
(i) Waste, scrap, debris, and any other materials contaminated with
chromium (VI) and consigned for disposal are collected and disposed of
in sealed, impermeable bags or other closed, impermeable containers.
(ii) Bags or containers of waste, scrap, debris, and any other
materials contaminated with chromium (VI) that are consigned for
disposal are labeled in accordance with the requirements of the Hazard
Communication Standard, 29 CFR 1910.1200.
(k) Medical surveillance. (1) General. (i) The employer shall make
medical surveillance available at no cost to the employee, and at a
reasonable time and place, for all employees:
(A) Who are or may be occupationally exposed to chromium (VI) at or
above the action level for 30 or more days a year;
(B) Experiencing signs or symptoms of the adverse health effects
associated with chromium (VI) exposure; or
(C) Exposed in an emergency.
(ii) The employer shall assure that all medical examinations and
procedures required by this section are performed by or under the
supervision of a PLHCP.
(2) Frequency. The employer shall provide a medical examination:
(i) Within 30 days after initial assignment, unless the employee has
received a chromium (VI) related medical examination that meets the
requirements of this paragraph within the last twelve months;
(ii) Annually;
(iii) Within 30 days after a PLHCP's written medical opinion
recommends an additional examination;
(iv) Whenever an employee shows signs or symptoms of the adverse
health effects associated with chromium (VI) exposure;
(v) Within 30 days after exposure during an emergency which results
in an uncontrolled release of chromium (VI); or
(vi) At the termination of employment, unless the last examination
that satisfied the requirements of paragraph (k) of this section was
less than six months prior to the date of termination.
(3) Contents of examination. A medical examination consists of:
(i) A medical and work history, with emphasis on: Past, present, and
anticipated future exposure to chromium (VI); any history of respiratory
system dysfunction; any history of asthma, dermatitis, skin ulceration,
or nasal septum perforation; and smoking status and history;
(ii) A physical examination of the skin and respiratory tract; and
(iii) Any additional tests deemed appropriate by the examining
PLHCP.
(4) Information provided to the PLHCP. The employer shall ensure
that the examining PLHCP has a copy of this standard, and shall provide
the following information:
(i) A description of the affected employee's former, current, and
anticipated duties as they relate to the employee's occupational
exposure to chromium (VI);
(ii) The employee's former, current, and anticipated levels of
occupational exposure to chromium (VI);
(iii) A description of any personal protective equipment used or to
be used by the employee, including when
[[Page 137]]
and for how long the employee has used that equipment; and
(iv) Information from records of employment-related medical
examinations previously provided to the affected employee, currently
within the control of the employer.
(5) PLHCP's written medical opinion. (i) The employer shall obtain a
written medical opinion from the PLHCP, within 30 days for each medical
examination performed on each employee, which contains:
(A) The PLHCP's opinion as to whether the employee has any detected
medical condition(s) that would place the employee at increased risk of
material impairment to health from further exposure to chromium (VI);
(B) Any recommended limitations upon the employee's exposure to
chromium (VI) or upon the use of personal protective equipment such as
respirators;
(C) A statement that the PLHCP has explained to the employee the
results of the medical examination, including any medical conditions
related to chromium (VI) exposure that require further evaluation or
treatment, and any special provisions for use of protective clothing or
equipment.
(ii) The PLHCP shall not reveal to the employer specific findings or
diagnoses unrelated to occupational exposure to chromium (VI).
(iii) The employer shall provide a copy of the PLHCP's written
medical opinion to the examined employee within two weeks after
receiving it.
(l) Communication of chromium (VI) hazards to employees.
(1) General. In addition to the requirements of the Hazard
Communication Standard, 29 CFR 1910.1200, employers shall comply with
the following requirements.
(2) Employee information and training. (i) The employer shall ensure
that each employee can demonstrate knowledge of at least the following:
(A) The contents of this section; and
(B) The purpose and a description of the medical surveillance
program required by paragraph (k) of this section.
(ii) The employer shall make a copy of this section readily
available without cost to all affected employees.
(m) Recordkeeping. (1) Air monitoring data. (i) The employer shall
maintain an accurate record of all air monitoring conducted to comply
with the requirements of this section.
(ii) This record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) The operation involving exposure to chromium (VI) that is being
monitored;
(C) Sampling and analytical methods used and evidence of their
accuracy;
(D) Number, duration, and the results of samples taken;
(E) Type of personal protective equipment, such as respirators worn;
and
(F) Name, social security number, and job classification of all
employees represented by the monitoring, indicating which employees were
actually monitored.
(iii) The employer shall ensure that exposure records are maintained
and made available in accordance with 29 CFR 1910.1020.
(2) Historical monitoring data. (i) Where the employer has relied on
historical monitoring data to determine exposure to chromium (VI), the
employer shall establish and maintain an accurate record of the
historical monitoring data relied upon.
(ii) The record shall include information that reflects the
following conditions:
(A) The data were collected using methods that meet the accuracy
requirements of paragraph (d)(5) of this section;
(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which exposure is being determined;
(C) The characteristics of the chromium (VI) containing material
being handled when the historical monitoring data were obtained are the
same as those on the job for which exposure is being determined;
(D) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
exposure is being determined; and
[[Page 138]]
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.
(iii) The employer shall ensure that historical exposure records are
maintained and made available in accordance with 29 CFR 1910.1020.
(3) Objective data. (i) The employer shall maintain an accurate
record of all objective data relied upon to comply with the requirements
of this section.
(ii) This record shall include at least the following information:
(A) The chromium containing material in question;
(B) The source of the objective data;
(C) The testing protocol and results of testing, or analysis of the
material for the release of chromium (VI);
(D) A description of the process, operation, or activity and how the
data support the determination; and
(E) Other data relevant to the process, operation, activity,
material, or employee exposures.
(iii) The employer shall ensure that objective data are maintained
and made available in accordance with 29 CFR 1910.1020.
(4) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee covered by medical
surveillance under paragraph (k) of this section.
(ii) The record shall include the following information about the
employee:
(A) Name and social security number;
(B) A copy of the PLHCP's written opinions;
(C) A copy of the information provided to the PLHCP as required by
paragraph (k)(4) of this section.
(iii) The employer shall ensure that medical records are maintained
and made available in accordance with 29 CFR 1910.1020.
(n) Dates. (1) For employers with 20 or more employees, all
obligations of this section, except engineering controls required by
paragraph (f) of this section, commence November 27, 2006.
(2) For employers with 19 or fewer employees, all obligations of
this section, except engineering controls required by paragraph (f) of
this section, commence May 30, 2007.
(3) For all employers, engineering controls required by paragraph
(f) of this section shall be implemented no later than May 31, 2010.
[71 FR 10374, Feb. 28, 2006]