Surface Finishing and Metal Finishing Industry Must "Opt-in" to Federal OSHA Hexavalent Chromium Settlement By November 30,2006

On February 28, 2006, OSHA adopted a final rule regulating worker protection for hexavalent chromium, 29 CFR 1910.1026. The standard applies to any facility where employees might be exposed to hexavalent chromium. Industries most impacted by the standard are those producing chromate pigments and powders; chromic acid; chromium catalysts, dyes, and coatings; those working near chrome electroplating; welding and hotworking stainless steel, high chrome alloys and chrome-coated metal; workers applying and removing chromate-containing paints and other surface coatings. The rule imposes certain requirements for engineering controls (technological changes to reduce exposures) and personal protective equipment (respirators). A number of organizations filed petitions for review of the standard in Federal Court. Among those filing petitions were the United Steelworkers, Public Citizen Health Research Group, and the Surface Finishing Industry Council (SFIC). On October 25, 2006, Federal OSHA and these three groups entered into a settlement which provides some relief from the respiratory protection provisions for companies that are willing to implement engineering controls by the end of 2008 (rather than the mid-2010 date set by the standard).

Companies interested in taking advantage of this "offer" must file a Declaration of Party Status with OSHA by November 30, 2006. To be eligible, a company must be a member of SFIC or must be a surface-finishing or metal-finishing job shop that sells plating or anodizing services to other companies. This Settlement applies only to employers within Federal OSHA jurisdiction . These states are: Alabama, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, West Virginia, and Wisconsin. 

The Declaration form is available by going to Federal OSHA's hexavalent chromium Web page at http://www.osha.gov/SLTC/hexavalentchromium/index.html.

Indiana OSHA has not yet determined how or whether it will implement the terms of the Federal Settlement Agreement. If you have a surface finishing facility in Indiana and are interested in participating in this program, check frequently with IOSHA (www.in.gov/labor/iosha) or legal counsel.

For further information, please contact Ryan Poor at Ryan.Poor@icemiller.com.