[Federal Register: March 16, 2010 (Volume 75, Number 50)][Proposed Rules] [Page 12485-12489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr10-17]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1926
[Docket No. OSHA-H054a-2006-0064]
RIN 1218-AC43
Revising the Notification Requirements in the Exposure
Determination; Provisions of the Hexavalent Chromium Standards
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: 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 has decided to propose a
revision of the notification requirements, by means of this Notice of
Proposed Rulemaking (NPRM), that would require employers to notify
employees of the results of all exposure determinations.
DATES: Comments to this NPRM, hearing requests, and other information
must be submitted (transmitted, postmarked, or delivered) by April 15,
2010. All submissions must bear a postmark or provide other evidence of
the submission date.
ADDRESSES: You may submit comments, hearing requests, and other
materials, identified by Docket No. OSHA-H054a-2006-0064, by any of the
following methods:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: OSHA allows facsimile transmission of comments and
hearing requests that are 10 pages or fewer in length (including
attachments). You can fax these documents to the OSHA Docket Office at
(202) 693-1648; hard copies of these documents are not required.
Instead of transmitting facsimile copies of attachments that supplement
these documents (e.g., studies, journal articles), commenters must
submit these attachments to the OSHA Docket Office, Technical Data
Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210. These attachments must clearly
identify the sender's name, the date, and the Docket No. (OSHA-H054a-
2006-0064) so that the Agency can attach them to the appropriate
document.
Regular mail, express delivery, hand (courier) delivery, and
messenger service: Submit comments and any additional material to the
OSHA Docket Office, Docket No. OSHA-H054a-2006-0064 or RIN No. 1218-
AC43, Technical Data Center, Room N-2625, OSHA, U.S. Department of
Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone:
(202) 693-2350. (OSHA's TTY number is (877) 889-5627.) Note that
security procedures may delay OSHA's receipt of comments and other
written materials submitted by regular mail. Please contact the OSHA
Docket Office for information about security procedures concerning
delivery of materials by express delivery, hand delivery, and messenger
service. Deliveries (hand, express mail, messenger service) are
accepted during the Docket Office's normal business hours, 8:15 a.m. to
4:45 p.m., E.T.
Instructions: All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA Docket No. OSHA-H054a-2006-0064).
Comments and other material, including any personal information, will
be placed in the public docket without revision, and will be available
online at http://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public or submitting comments that contain personal information
(either about themselves or others) such as social security numbers,
birth dates, and medical data.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. Documents in the docket are listed in the http://
www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries contact Ms. Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999. For
technical inquiries, contact Maureen Ruskin, Office of Chemical
Hazards--Metals, Directorate of Standards and Guidance, Room N-3718,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1950, fax: (202) 693-1678.
Copies of this Federal Register notice are available from the OSHA
Office of Publications, Room N-3101, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1888. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's Web
page at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Request for Comment
OSHA requests comments on all issues related to this action
including economic or other regulatory impacts of this action on the
regulated community. OSHA will consider all of the comments, and the
comments will become part of the record. OSHA will determine its next
steps based on all comments and submissions.
II. Relationship Between This Proposed Rule and the Companion Direct
Final Rule
In direct final rulemaking, an agency publishes a direct final rule
in the Federal Register with a statement that the rule will go into
effect unless a significant adverse comment is received within a
specified period of time. An identical proposed rule is often published
at the same time. If significant adverse comments are not submitted in
response to the direct final rule, the rule goes into effect. If a
significant adverse comment is received, the agency withdraws the
direct final rule and treats such comment as a response to the proposed
rule. Direct final rulemaking is typically used where an agency
anticipates that a rule will not be controversial. Examples include
minor substantive changes to regulations, direct incorporations of
mandates from new legislation, and in this case, minor changes to
regulations resulting from a judicial remand.
OSHA is publishing this proposed rule along with a companion direct
final rule. The comment period for the proposed rule runs concurrently
with that of the direct final rule. Any comments received under this
proposed rule will also be treated as comments regarding the companion
direct final rule. Likewise, significant adverse comments submitted to
the companion direct final rule will also be considered as comments to
this proposed rule.
If OSHA receives a significant adverse comment on the companion
direct final rule, the Agency will publish a timely withdrawal of the
DFR and proceed with this NPRM. In the event OSHA withdraws the companion
direct final rule because of significant adverse comment, the Agency will
consider all comments received when it continues with this proposed rule.
OSHA will then decide whether to publish a new final rule.
III. Discussion of Changes
Paragraph (d) of the Chromium standard (29 CFR 1910.1026, 29 CFR
1915.1026, 29 CFR 1926.1126) (71 FR 10100) is titled "Exposure
Determination" and requires employers to determine the 8-hour time-
weighted-average exposure for each employee exposed to Cr(VI). This can
be done through scheduled air monitoring (paragraph (d)(2)) or on the
basis of any combination of air monitoring data, historical monitoring
data, and/or objective data (paragraph (d)(3)). As originally
promulgated, paragraph (d)(4) required the employer to notify affected
employees of any exposure determinations indicating exposures in excess
of the PEL. The employer can satisfy this requirement either by posting
the exposure determination results in an appropriate location
accessible to all affected employees or by notifying each affected
employee in writing of the results of the exposure determination. Under
the general industry standard, notice has to be provided within 15 work
days, and in construction and maritime employers have 5 work days to
provide the required notice.
The requirement to notify employees of exposures above the exposure
limit was consistent with Section 8(c)(3) of the Occupational Safety
and Health Act of 1970 (OSH Act), which requires employers "to
promptly notify any employee who has been or is being exposed to toxic
materials or harmful physical agents * * * at levels which exceed those
prescribed by an applicable occupational safety and health standard,"
29 U.S.C. 657(c)(3). The promulgated notice requirement was more
limited than the proposed chromium standard (69 FR 59306, Oct. 4,
2004), however. The proposed standard would have required employers to
notify affected employees of all exposure determinations, irrespective
of the results. The broader, proposed notice requirement mirrored
similar provisions in OSHA's other substance-specific health standards
including, but not limited to, lead (29 CFR 1910.1025(d)(8)(i));
arsenic (29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and
methylene chloride (29 CFR 1910.1052(d)(5)(i)). All of those other
standards require employers to notify employees of all exposure
monitoring results.
Public Citizen and other parties petitioned for review of the final
chromium standard. (See Public Citizen Health Research Group v. Dept.
of Labor, 557 F.3d 165 (3d Cir. 2009)). Part of Public Citizen's
petition involved a challenge to paragraph (d)(4). Public Citizen
argued that OSHA's decision to depart from the proposed rule and limit
the employee notification requirement to exposures above the PEL was
arbitrary and unexplained. Although OSHA defended the final
notification provision on many grounds, including that it was
consistent with Section 8(c)(3) of the OSH Act, the Third Circuit
granted Public Citizen's petition for review with regard to the
employee notification requirement (while denying all other challenges
to the standard). See Public Citizen, 557 F.3d at 185-86. The court
found that "OSHA failed to provide a statement of reasons for
departing from the proposed standard and past practice in other
standards," id. at 186, and remanded paragraph (d)(4) to the agency
"for further consideration and explanation." Id. at 191. The court
"expect[ed] OSHA [to] * * * act expeditiously in either providing an
explanation for its chosen notification requirements or taking such
further action as may be appropriate." Id. at 192.
In response to the Third Circuit's decision, OSHA re-examined the
record. The Agency did not find any comments or testimony in the record
on the narrow issue of whether employees should be notified of all
exposure determinations. OSHA also confirmed that all of its other
substance-specific health standards have broader notification
requirements than the 2006 Cr(VI) standard, i.e., they require
employers to notify employees of exposures even below the relevant
exposure limits. See, e.g., lead (29 CFR 1910.1025(d)(8)(i)); arsenic
(29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and
methylene chloride (29 CFR 1910.1052(d)(5)(i)).
Upon reconsidering this issue, OSHA has decided to take action, by
means of this notice, to propose an amendment to the notification
requirements in the Cr(VI) standards. Consistent with the language in
the proposed chromium standard, as well as past practice in OSHA's
other substance-specific health standards, the amended provision would
require employers to notify affected employees of all exposure
determinations, whether above or below the PEL. OSHA is not proposing
to change any other requirements in the exposure determination or
notification provisions. For example, the number of work days employers
have to provide notice to employees would remain unchanged.
In the preamble to the final Cr(VI) standard, OSHA concluded that
employees were exposed to significant risk at the previous PEL for
Cr(VI) of 52 [mu]g/m\3\ and that lowering the PEL to 5 [mu]g/m\3\
substantially reduced that risk. 71 FR at 10223-25. Feasibility
considerations led OSHA to set the PEL at 5 [mu]g/m\3\, even though the
Agency recognized that significant risk remained at lower levels. See
id. at 10333-39. For example, OSHA still expected 2.1-9.1 excess lung
cancer deaths per 1000 workers with a lifetime of regular exposure to
Cr(VI) at 1 [mu]g/m\3\. See id. at 10224 (Table VII-1). OSHA explained
in the preamble to the final rule that the ancillary provisions of the
standard, e.g., monitoring and medical surveillance requirements, were
expected to reduce the residual risk remaining at the final PEL. Id. at
10334. OSHA believes that this amendment to the notification
requirement will, in addition to the other ancillary requirements,
further reduce the risk of health impairment associated with Cr(VI)
exposures below 5 [mu]g/m\3\.
Notifying employees of their exposures arms them with knowledge
that can permit and encourage them to be more proactive in working
safely to control their own exposures through better work practices and
by more actively participating in safety programs. As OSHA noted with
respect to its Hazard Communication Standard: "Workers provided the
necessary hazard information will more fully participate in, and
support, the protective measures instituted in their workplaces." 59
FR 6126, 6127 (Feb. 9, 1994). Exposures to Cr(VI) below the PEL may
still be hazardous, and making employees aware of such exposures may
encourage them to take whatever steps they can, as individuals, to
reduce their exposures as much as possible.
This may be of particular significance for welders, who make up
almost half of the employees affected by the chromium standard. See 71
Fr at 10257-59 (Table VIII-3). Welders have a unique ability to control
their own Cr(VI) exposures by making simple changes to their work
practices, e.g., changes in technique, posture or the positioning of
portable local exhaust ventilation. See, e.g., Shaw Environmental,
Inc., Cost and Economic Impact Analysis of a Final OSHA Standard for
Hexavalent Chromium, Chapter 2-Welding, Docket No. OSHA-H054a-2006-
0064, Document No. 2541, page 2-156 ("Another environmental variable is the
variation in welding technique and posture used by different welders.
Small differences in the welder's body position in relation to the
welding task, the welder's body position in relation to the weld, and
any LEV [local exhaust ventilation] may create large differences in an
individual's fume exposure. Welder information and training should
reduce the occurrence of this poor work practice.").
For a complete discussion of applicable legal considerations,
OSHA's economic analysis and Regulatory Flexibility Act certification,
issues involving federalism and State-Plan States, and OSHA's response
under the Unfunded Mandates Reform Act, see the preamble to the direct
final rule.
IV. OMB Review Under the Paperwork Reduction Act of 1995
The proposed revision to the notification requirement in the Cr(VI)
standard is subject to review by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (PRA-95), 44 U.S.C.
3501 et seq., and OMB's regulations at 5 CFR part 1320. The information
collection requirements ("paperwork") currently contained in the
Chromium VI (Cr(VI)) standard are approved by OMB (Information
Collection Request (ICR), Chromium (VI) Standards for General Industry
(29 CFR 1910.1026), Shipyard Employment (29 CFR 1915.1026), and
Construction (29 CFR 1926.1126), under OMB Control number 1218-0252.
The Department notes that a Federal agency cannot conduct or sponsor a
collection of information unless it is approved by OMB under the PRA
and displays a currently valid OMB control number, and the public is
not required to respond to a collection of information requirement
unless it displays a currently valid OMB control number. Also,
notwithstanding any other provisions of law, no person shall be subject
to penalty for failing to comply with a collection of information
requirement if the requirement does not display a currently valid OMB
control number.
On June 22, 2009, OSHA published a preclearance Federal Register
Notice, Docket No. OSHA-2009-0015, as specified in PRA-95 (44 U.S.C.
3506(c)(2)(A)), allowing the public sixty days to comment on a proposal
to extend OMB's approval of the information collection requirements in
the Cr(VI) standard (74 FR 29517). This Notice also served to inform
the public that OSHA was considering revising the notification
requirements in the exposure determination provision in response to the
court-ordered remand. At that point OSHA estimated the new burden hours
and costs that would result from this potential amendment to the
standard, and the public had sixty days to comment on those estimates
in accordance with the PRA, 44 U.S.C. 3506(c)(2). OSHA estimated that a
requirement to notify employees of all exposure determination results
would result in an increase of 62,575 burden hours and would increase
employer cost, in annualized terms, by $1,526,731.
The pre-clearance Federal Register comment period closed on August
22, 2009. OSHA did not receive public comments on that notice. On
October 30, 2009, DOL published a Federal Register notice announcing
that the Cr(VI) ICR had been submitted to OMB (74 FR 56216) for review
and approval, and that interested parties had until November 30, 2009
to submit comments to OMB on that submission. No comments were received
in response to that Notice either.
Now that OSHA is proposing to amend the Cr(VI) standard via this
NPRM, the Agency will provide an additional thirty days for the public
to comment on the estimated paperwork implications of the proposed
changes to the notification requirements.
Inquiries: You may obtain an electronic copy of the complete Cr(VI)
ICR by visiting the Web page at: http://www.reginfo.gov/public/do/
PRAMain, scroll under "Inventory of Approved Collections, Collections
Under Review, Recently Approved/Expired" to "Department of Labor
(DOL)" to view all of the DOL's ICRs, including those ICRs submitted
for rulemakings. The Department's ICRs are listed by OMB control
number. The Cr(VI) OMB control number is 1218-0252. To make inquiries,
or to request other information, contact Todd Owen, Directorate of
Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.
Submitting comments: Members of the public who wish to comment on
the estimated burden hours and costs attributable to the amendment to
the notification provision, as described in the Cr(VI) ICR, may send
their written comments to the Office of Information and Regulatory
Affairs, Attn: OSHA Desk Officer (RIN 1218-AC43), Office of Management
and Budget, Room 10235, 725 17th Street, NW., Washington, DC 20503. The
Agency encourages commenters to also submit their comments on these
paperwork requirements to the rulemaking docket (Docket No OSHA-H054a-
2006-0064). For instructions on submitting these comments to the
rulemaking docket, see the sections of this Federal Register notice
titled DATES and ADDRESSES.
List of Subjects
29 CFR Part 1910
Exposure determination, General industry, Health, Hexavalent
chromium (Cr(VI)), Notification of determination results to employees,
Occupational safety and health.
29 CFR Part 1915
Exposure determination, Health, Hexavalent chromium (Cr(VI)),
Notification of determination results to employees, Occupational safety
and health, shipyard employment.
29 CFR Part 1926
Construction, Exposure determination, Health, Hexavalent chromium
(Cr(VI)), Notification of determination results to employees,
Occupational safety and health.
Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210, directed the
preparation of this notice of proposed rulemaking. The Agency is
issuing this rule under Sections 4, 6, and 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's
Order 5-2007 (72 FR 31159), and 29 CFR part 1911.
Signed at Washington, DC, on March 11, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Amendments to Standards
For the reasons stated in the preamble, OSHA is proposing to amend
29 CFR parts 1910, 1915, and 1926 to read as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS--[AMENDED]
Subpart A--General
1. The authority citation for subpart A of part 1910 is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
[[Page 12489]]
50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as
applicable.
Sections 1910.7, 1910.8, and 1910.9 also issued under 29 CFR
Part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and
OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).
Subpart Z--Toxic and Hazardous Substances
2. The authority citation for subpart Z of part 1910 is revised to
read as follows:
Authority: Secs. 4, 6, 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29
CFR part 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act of 1970, except those substances that have
exposure limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR
1910.1000. The latter were issued under section 6(a) (29 U.S.C.
655(a)).
Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI)
listings.
Section 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C.
553.
Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
3. Section 1910.1026, paragraph (d)(4)(i), is revised to read as
follows:
Sec. 1910.1026 Chromium (VI)
* * * * *
(d) * * *
(4) * * *
(i) Within 15 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT [AMENDED]
Subpart A--General Provisions
4. The authority citation for part 1915 will continue to read as
follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; 29 CFR Part 1911.
Subpart Z--Toxic and Hazardous Substances
5. Section 1915.1026, paragraph (d)(4)(i), is revised to read as
follows:
Sec. 1915.1026 Chromium (VI)
* * * * *
(d) * * *
(4) * * *
(i) Within 5 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--
[AMENDED]
Subpart A--General
6. The authority citation for subpart A of part 1926 is revised to
read as follows:
Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; and 29 CFR part 1911.
Subpart Z--Toxic and Hazardous Substances
7. The authority citation for subpart Z of part 1926 is revised to
read as follows:
Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (62 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; and 29 CFR part 11.
Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29
CFR part 1911; also issued under 5 U.S.C. 553.
8. Section 1926.1126, paragraph (d)(4)(i), is revised to read as
follows:
Sec. 1926.1126 Chromium (VI)
* * * * *
(d) * * *
(4) * * *
(i) Within 5 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *
[FR Doc. 2010-5731 Filed 3-15-10; 8:45 am]
BILLING CODE 4510-26-P
