OSHA reduces hexavalent chromium PEL to 5.0µg/m3

Citation

(2006), "OSHA reduces hexavalent chromium PEL to 5.0µg/m3", Pigment & Resin Technology, Vol. 35 No. 6. https://doi.org/10.1108/prt.2006.12935fab.009

OSHA reduces hexavalent chromium PEL to 5.0µg/m3

OSHA reduces hexavalent chromium PEL to 5.0µg/m³

Keywords: Health and safety requirements

The Occupational Safety and Health Administration (OSHA) on February 27 lowered the permissible exposure limit (PEL) for hexavalent chromium (CrVI) to 5.0µg/m³ as an 8-h time weighted average exposure. The agency had originally proposed a 1.0mg PEL, but OSHA concluded that level was neither technologically or economically feasible.

The new limit constitutes a substantial reduction from the current limit of 52.0µg/m³. Employers must meet the PEL through use of engineering controls to the maximum extent feasible. Even if the employer can demonstrate that available engineering controls are unable to achieve control of chromium exposure to the PEL, it must still install and use such controls to control exposures to the lowest achievable level. There are also provisions for medical monitoring, hygiene facilities, protective clothing and equipment, and regulated areas where CrVI is present in the workplace.

The standard goes into effect on May 30, 2006. Employers with 20 or more employees must comply with the new PEL and meet all of the rule's requirements by November 27, 2006. However, the date that required engineering controls must be in place is May 31, 2010. OSHA selected those dates to provide employers with the time needed to come into compliance. Members should not wait until November 27, 2006, to begin exposure monitoring.

NPCA, as well as a number of groups representing allied industries, such as the Color Pigments Manufacturers Association and the Aerospace Industries Association, filed detailed comments with OSHA and subsequently testified at public hearings that commenced February 1, 2005. NPCA and other industry comments argued that the dramatic reduction in the PEL, along with the high cost of engineering controls, will be so costly as to cause chromium suppliers, product formulators and end- users to curtail or even eliminate use of CrVI, even where quite beneficial and well-controlled. This will create substantial costs to coatings manufacturers, applicators and end- users, and adverse effect on the competitiveness of US manufacturing, particularly in light of the fact that our primary trading partners have established much higher exposure limits than OSHA has proposed.

Subsequent to the close of the comment period, an informal coalition of industry groups continued to work with Congress, the Department of Commerce, and the Office of Management and Budget in an effort to influence the final rule. Industry pointed out a number of flaws in OSHA's rulemaking, including poorly supported and skewed cost- benefit figures, and the adverse effect on US manufacturing resulting from the extremely low exposure limit and the requirements for engineering controls.

NPCA members are invited to e-mail NPCA's Skip Edwards at: sedwards@paint.org or Allen Irish at: airish@paint.org for more information.