ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Today's Safety News

Critics of new OSHA hex chromium standard plan to sue again

March 2, 2006
At long last OSHA published a new standard in the Feb. 28 Federal Register that covers occupational exposure to hexavalent chromium in general industry, construction and shipyards. The new standard lowers OSHA's permissible exposure limit (PEL) for hexavalent chromium (Cr(VI)), and for all Cr(VI) compounds, from 52 to 5 micrograms per cubic meter of air as an 8-hour time-weighted average.

The standard, which includes provisions relating to preferred methods for controlling exposure, respiratory protection, protective work clothing and equipment, hygiene areas and practices, medical surveillance, hazard communication and recordkeeping, was issued as a result of a court-ordered deadline.

In April 2003, the U.S. Court of Appeals for the Third Circuit ordered OSHA to promulgate a standard governing workplace exposure to hexavalent chromium, ordering the agency to publish a final standard by January of this year, a deadline that was eventually extended to Feb. 28. The Court issued the ruling based on a recommendation from a court-appointed mediator trying to resolve a suit from Public Citizen’s Health Research Group seeking to require OSHA to publish a new standard on chromium.

“Our new standard protects workers to the extent feasible, while providing employers, especially small employers, adequate time to transition to the new requirements," said Jonathan L. Snare, acting assistant secretary for occupational safety and health.

Public Citizen, the group that originally sued OSHA for dragging its feet in issuing a final hexavalent chromium standard, will sue the agency again, claiming the new PEL is not low enough.

“OSHA’s new standard to reduce worker exposure to hexavalent chromium is seriously inadequate and will not protect the safety of hundreds of thousands of workers who are exposed to the metal in the workplace,” said Dr. Peter Lurie, Deputy Director, Public Citizen’s Health Research Group.

The new PEL of 5 micrograms of chromium per cubic meter of air is still an unsafe level for workers exposed to the carcinogen, said Lurie. Public Citizen, he said, has wanted a permissible exposure limit of 0.25 micrograms per cubic meter.

“The only reason this final rule was issued was that Public Citizen sued the agency,” said Lurie. “Because the resultant rule is so weak that the lives of chromium-exposed workers will remain endangered, we have no choice but to bring the agency back to court again.”

It is estimated that 10 to 45 lung cancer deaths will occur per 1,000 workers over a lifetime at the 5 micrograms per cubic meter level. At the Public Citizen-requested standard of 0.25 micrograms per cubic meter only 0.53-2.3 deaths would occur per 1,000 workers over a lifetime.

In a proposed standard in October 2004, OSHA proposed that the PEL for hexavalent chromium be lowered to 1 microgram of chromium per cubic meter of air. But in the final standard, the agency determined that a PEL of 5 micrograms is the lowest level that is technologically and economically feasible for industries impacted by this standard.

The United Steelworkers union expressed outrage at OSHA's decision to set the new standard for hexavalent chromium five times higher than the agency originally proposed.

"OSHA's decision guarantees that many more workers will get lung cancer," said Michael Wright, the USW's Director of Health, Safety and Environment.

"We had to go to court to force OSHA to set a new chromium standard in the first place," Wright said. "It looks like we will have to go back to court to get a standard that truly protects workers."

While apparently not over yet, the debate surrounding exposure to hexavalent chromium dates back to July 1993 when the Oil, Chemical, and Atomic Workers International Unions (OCAW) (which subsequently was succeeded by the USW in a 2005 merger) and Public Citizen's Health Research Group petitioned OSHA to promulgate an emergency temporary standard (ETS) to lower the PEL for Cr(VI) compounds.

OSHA is providing a transition period for employers to implement the technologies and practices needed for compliance to the new standard. The effective date of the standard is 90 days from publication — May 30 — and the start-up date for all provisions, except engineering controls, is 180 days from the effective date (one year for employers with fewer than 20 employees). Start-up for engineering controls is four years from the effective date for all employers.

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Facility Safety
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Transportation Safety
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

psychology in the workplace

Most Workplaces Measure Psychological Safety, Ignoring Psychosocial Risks

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • Critics of new OSHA hex chromium standard plan to sue again

    See More
  • Hex chromium standard to get hearing

    See More
  • Metal industry the focus of new OSHA NEP (6/8)

    See More

Related Products

See More Products
  • 9780849365461.jpg

    Handbook of OSHA Construction Safety and Health, Second Edition

See More Products

Events

View AllSubmit An Event
  • December 16, 2016

    ASSE to host virtual symposium on new OSHA Walking-Working Standard

    The American Society of Safety Engineers is offering a virtual symposium to help occupational safety and health professionals better understand the sweeping changes OSHA recently made to its final rule on Walking-Working Surfaces and Personal Fall Protection standards in relation to slip, trip and fall hazards.
View AllSubmit An Event

Related Directories

  • New Pig

    The world leader in absorbent products, New Pig provides innovative products to help maintain cleaner, safer, more productive work environments.
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing