Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1026).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.1026).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.1126).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: November 15, 2010.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

This federal Direct Final Rule (DFR) amends paragraph (d)(4)(i) of the Chromium (VI) standards (29 CFR 1910.1026 General Industry, 29 CFR 1915.1026 Shipyard Employment, and 29 CFR 1926.1126 Construction). The current final rule established an eight-hour time-weighted average (TWA) exposure limit of five micrograms of Cr(VI) per cubic meter of air (5 g/m³) for all sectors. In paragraph (d)(4)(i) of the current final rule, Exposure notification of determination results, employers are required to notify workers only of exposures that exceed the permissible exposure limit (PEL).

This revision of paragraph (d)(4)(i) now requires employers to notify workers of all hexavalent chromium exposure level monitoring results, not just exposures that exceed the PEL. This change mirrors similar provisions in federal 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)).

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, General Industry Standards; 29 CFR Part 1915, Shipyard Employment Standards; and 29 CFR Part 1926, Construction Industry Standards, are declared documents generally available to the public and appropriate for incorporation by reference. For this reason the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action: On August 18, 2010, the Safety and Health Codes Board adopted federal OSHA's direct final rule on Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards, paragraph (d)(4)(i) of 29 CFR 1910.1026, 29 CFR 1915.1026, and 29 CFR 1926.1126, as published in 75 FR 12681 on March 17, 2010. The effective date of this revision is November 15, 2010.

Federal Terms and State Equivalents: When the regulations, as set forth in the direct final rule for Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards, are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: