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DOL/OSHA RIN: 1218-AC43 Publication ID: Spring 2010 
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 a direct final rule (DFR), to require employers to notify employees of the results of all exposure determinations, regardless of exposure level. OSHA has published a companion NPRM, which will be used if OSHA receives any substantive adverse comments on the DFR. 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
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  03/16/2010  75 FR 12485   
NPRM Comment Period End  04/15/2010    
Direct Final Rule  03/19/2010  75 FR 12681   
Direct Final Rule Comment Period End  04/16/2010    
Direct Final Rule Effective  06/15/2010    
Additional Information: This regulation was previously reported as 1218-AB45. A NPRM was published October 4, 2004 (69 FR 53905), and a final rule was published February 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
Room N-3718, FP Building, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone:202 693-1950
Fax:202 693-1678
Email: dougherty.dorothy@dol.gov